Critically evaluate the remedy of constructive dismissal and the way Essay

Critically evaluate the remedy of constructive dismissal and the way it works; and discuss the difficulties involved in using it (include case-law on what is - Essay Example Other factors that might trigger constructive dismissal are making significant changes in the employee’s job location at short notice, falsely accusing an employee of misconduct6 such as theft or of being incapable of carrying out their job7 and excessive demotion8 or disciplining of employees. Those claim constructive dismissal are expected to have resigned soon after the incident happened that forced them to resign. The court in Courtaulds Northern Textiles Ltd v Andrew9 made the point that ‘An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee’. In a guide published by the Department of Trade and Industry on Employment Policy and Legislation 6 Jan 2007 guidance is issued to employers on ways in which dismissal should be conducted so that claims of unfair dismissal or constructive dismissal cannot be brought by employees10. Those who can constructive dismissal are also entitled to claim for unfair dismissal and frequently someone alleging constructive dismissal will also bring an action for unfair dismissal. For a tribunal to agree that an employee has been constructively dismissed the employers action has to be such that it can be regarded as a significant breach of the employment contract indicating that he or she intends no longer to be bound by one or more terms of the contract: an example of this might be where the employer arbitrarily demotes an employee to a lower rank or poorer paid position. In order to claim constructive dismissal the employee must satisfy 4 elements. Firstly there must be a breach of contract by the employer. This may be either an actual breach or an anticipatory breach (e.g. the employer refuses to ensure the safety of your client by agreeing to transfer the harasser if your client returns to work).

European economic integration results in European cultural Essay

European economic integration results in European cultural integration. Discuss - Essay Example However, there are those who suggest the cultural integration is more or less impossible since the differences between the countries which form the European Union are so vast that a cultural divide will always remain (Bruter, 2004). For example, the case of America can be presented where cultural divides still exist even when the economies of the American states are more or less perfectly integrated and the language is also the same. Despite these similarities, there are significant differences between urban and rural American cultures as well as the several subcultures living in the country. It seems that cultural and economic integration in Europe are certainly related since the EU considers the sharing of cultural values to be something that is supposed to produce better Europeans (EC, 2006). However, to say that economic cooperation would produce better cultural integration might be a little pessimistic since this statement also suggests that better cultural integration might not be as fast without having economic cooperation first (Erdogan, 2006). Secondly, it can also be said that the present natural level of cultural homogeneity might be good enough since if the Europeans totally integrate their cultures from Dusseldorf to Birmingham, the continent would certainly lose a lot of its charm (Gordon, 2004). There are also examples of situations where economic integration does not help cultural integration and in severe cases, economic integration might be seen as a negative force of globalisation which causes a backlash against the European ideal (Gordon, 2004). In Turkey for example, economic integration and strong economic connections had been established for years, yet complete integration is still far off. The Economist (2005) reported that there were significant differences and opposition levels to Turkey in Europe and to Europe in Turkey. The differences are based not only on legal