Sunday, August 16, 2020

3 Books to Get You Writing

3 Books to Get You Writing I write a lot. At work I could be writing any number of things from radio scripts to ad copy to emails. I like to write in my personal life too, as evidenced by the piece that you’re reading. But sometimes, like any writer, I get writers block or get into a writing slump that causes me to be void of any original ideas. When that happens, I do one of three things: step away from the project completely to do  something else (if I’m at home, this means distracting myself with Netflix and YouTube videos), start writing anything and hope that worthy words will come out (I can always edit later), or turn to books to inspire me. Today I’ll talk about turning to books: Big Magic by Elizabeth Gilbert Big Magic is like the Holstee manifesto for writers. After reading even a page or two of this book you’ll feel like a brilliant reincarnation of Virginia Woolf,  even if youre not. Elizabeth Gilbert gives you permission to, “bring forth the treasures that are hidden within you.” According to her, “if you’re alive, you’re a creative person. Slouching Toward Bethlehem by Joan Didion Of course I have to include Joan Didion, and I feel like this book is going to be on every list that I compile. This collection of essays is so good. The rarely sentimental Didion gets personal here in what I think are some of her best pieces. I really like, “On Keeping a Notebook and “On Self Respect.” Many of the articles in here are assignments from her editors at Vogue when she was a green writer. If Joan can write about something original on a topic that was assigned to her, you can too. On Writing Well by William Zinsser When I need help with some of the more technical aspects of writing, I turn to this book. Reading it makes me feel like I’m getting one-on-one guidance from a very knowledgeable and kind professor of an Ivy League University (this is actually who Zinsser is, or was RIP) who will buff away my imperfections and turn me into the professional, polished writer Ive always dreamed of being. Any piece of fiction If all else fails,  turn away from writing and return to your first loveâ€"pleasure reading. Yes, it may seem counterintuitive to be reading fiction when you should be writing, but trust me, it helps. To escape into Westeros and have a good cry over your favourite animal character’s death is sometimes the very thing you need to clear your head and nail that last line of an article you’ve been mulling over for days. Now, if you have to write at work like me and can’t pull out a book when you’re on the clock, make sure you take preemptive measures to feed your mind with the good stuff. What I like to do is take my lunch hour to read, whether that be a piece of fiction, some poetry, or a book about writing itself. Plus, I find the break in the day away from my screen is good headache and eye-strain prevention. If all else fails, just start typingâ€"Even if all that comes out at first is, “the quick brown fox jumps over the lazy dog.” Sign up for True Story to receive nonfiction news, new releases, and must-read forthcoming titles. Thank you for signing up! Keep an eye on your inbox.

Sunday, May 24, 2020

Physician Assisted Suicide Should Be Legal - 1996 Words

Brittany Hollar Ms. Jonte English III Period 5 10 April 2016 Physician Assisted Suicide Currently, in Vermont, California, Oregon, Washington,and New Mexico, lethal medication is being given to terminally Ill patients to end their lives. There are several reasons why assisted suicide is illegal in the majority of states, such as the demand for suicide due to a patient s excruciating pain, misinterpreted life expectancies and diagnoses, poor medical coverage by insurance companies, and the financial interests of the patients families. On the other hand, some suggest various reasons why assisted suicide should be legal. The legal status of physician assisted suicide, as a hotly debated topic, teeters on both sides of legality in varying†¦show more content†¦This has a capability of administering a constant delivery of a drug into the body. Sudden pain can be ceased instantly by the patients PCA. Barriers to effective pain management exist. These barriers include: religious belief, poor practice by doctors, patient fear, and incorrect doses of medication. The issues of the barriers are being addressed with great efforts to remove them. Removing these barriers is the answer to full pain management on the opposing side to physician assisted suicide (Balch, Waters 7). The majority of patients requesting assisted suicide due to pain decided against suicide after their pain was treated properly. â€Å"...the availability of assisted suicide may lead to a decrease in or failure to increase the availability of pain management†¦Ã¢â‚¬  (Harned 515). Terminally ill patients sometimes have misinterpreted life expectancies or even experience unexpected healing. Sharyn MacKay, a forty-six year old diagnosed with a kidney tumor, was told the cancer had spread and was incurable. Her doctors believed that chemotherapy would only add a few weeks to her life. However, MacKay strongly believed that she could win her battle against cancer. Three months later, after prayer and determination, her tumor had disappeared. Another example of this healing involves a man named John Pattison, aged twenty-one. In 1974, he was diagnosed with lymphatic cancer and was not expected to live more than six months. HeShow MoreRelatedShould Physician Assisted Suicide Be Legal?901 Words   |  4 PagesWhen society ponders over the idea of physician-assisted suicide, they most likely feel that the act itself would compare to murdering someone. Who really has the authority to say what is right or wrong when a loved one wants to end their life because of a term inal illness or a severe physical disability? Should Physician-assisted suicide be Legal in California to make it a euthanasia state like Oregon ? In the article titled â€Å"Nicest Lawmaker Touts Assisted Suicide,† by Clea Benson published The BakersfieldRead MorePhysician Assisted Suicide Should Be Legal1578 Words   |  7 Pagesmeasures. One of the alternative options is Physician-Assisted Suicide; defined as the voluntary termination of one’s own life by administration of a lethal substance with the direct or indirect assistance of a physician (â€Å"Physician-assisted†¦Ã¢â‚¬ ). In layman’s terms it means that a physician administers medications to the patients to use on their own terms, and it’s entirely up to the patient whether or not to ingest the medication. I know Physician-Assisted Suicide is a practical solution to terminally illRead MoreShould Physician-assisted Suicide Be Legal? 1473 Words   |  6 Pages Should physician-assist ed suicide be legal? This debated subject has no right or wrong answer. Assisting someone in death has a felony murder conviction in some cases. There are a few different ways of being charged, but there are certain circumstances. There are many reasons why I am for it and of course, I have reasons against it. When you have a loved one in a vegetative state, does the family say yes or no to â€Å"pulling the plug?† Is it not the same as assisting a person in death? AnotherRead MorePhysician Assisted Suicide Should Be Legal1325 Words   |  6 PagesThe topic of physician-assisted suicide has become very controversial because of the ethical questions. The physical state of health of the patient, the patient’s personal life, and even the financial pressure of the patient are all factors to consider when contemplating whether or not to legalize this controversial cause of death. Physician-assisted suicide regarding medical ethics states that a physician cannot lega lly give any patient a lethal injection to end their life, but they can take theRead MoreShould Physician Assisted Suicide Be Legal?761 Words   |  4 Pages We Should be in Favor of Physician-assisted Suicide In a momentous decision released February 6, 2015, the Supreme Court of Canada ruled that Physician-assisted suicide will be legal in Canada within 12 months. This deci-sion has caused a myriad of controversy. Opponents of physician-assisted suicide argue that the constitution recognizes the sanctity of life and no one has the right to end the life of another person’s. Supporters, on the other hand, argue that patients who experience constantRead MorePhysician Assisted Suicide Should Be Legal935 Words   |  4 Pagesdiscusses the ethics of physician-assisted suicide. In the process of physician-assisted suicide, a doctor purposefully provides a terminally ill patient with the means to take their own life. This is often confused with active euthanasia; however, they are not the same thing. In euthanasia, the doctor administers the lethal drug to the patient, but in physician-assisted suicide, the patient must take the lethal drugs themselves. There is much debate over physician-assisted suicide today. Some peopleRead MoreShould Physician Assisted Suicide Be Legal?847 Words   |  4 PagesShould-Physician Assisted Suicide Be Legal In Every State When it comes to the topic of, should physician-assisted suicide be legal in every state, most of us will readily agree that it should be up to a terminally ill person to make that decision. Whereas some are convinced that it is inhumane, others maintain that it is a person’s decision to end their own life. I agree that physician-assisted suicide should be legal in every state because in most cases, people that are terminally ill should haveRead MorePhysician Assisted Suicide Should Be Legal1494 Words   |  6 PagesPhysician Assisted Suicide A tough issue on the rise in the United States is whether or not Physician Assisted Suicide (PAS) should be legal. Physician Assisted Suicide allows a physician to prescribe a lethal dose of medication to a patient to end their life. However, the patient has to take the drugs on their own. PAS would be only offered to those suffering from a terminal illness with less than six months to live. The way these patients go about treating and or living with a terminal illnessRead MorePhysician Assisted Suicide Should Not Be Legal2017 Words   |  9 PagesEnglish 100 Melody Kowach Say No to Physician Assisted Suicide Has anyone ever heard of the term Assisted suicide? The term assisted suicide â€Å" is suicide committed with the aid of another person, who is usually a physician. It usually is called physician assisted suicide because a doctor is providing information on committing suicide with lethal doses of drugs (Assisted). There are many people with a terminal illness considering assisted suicide. Assisted Suicide is legal in five states which is OregonRead MorePhysician Assisted Suicide Should Be Legal1223 Words   |  5 Pagespractice of physician assisted suicide. This would allow terminally ill patients, many of whom have cancer, to make the difficult decision to end their lives peacefully. Doctors are able to simply write their patient a prescription, designed to end a person’s life in a non-painful way. Doctors and medical personnel have struggled with this topic, exploring the various consequences and benefits that come with making assisted suicide legal. Currently, physicia n assisted suicide has been made legal across

Wednesday, May 13, 2020

Eating Diets And Health Preferences - 1341 Words

Throughout our whole lives we have heard either from the news, magazines or even just the people around us, the many crazy diets and health preferences an individual claims are the best. Then we ask ourselves why?, why would a person choose to take on that path or maybe, why does that diet work? or does not? In the years past there must have been someone who had a strictly based vegetarian or vegan diet and had a great, healthy lifestyle in order to have passed down lifestyle choice. So the real question is, is being a vegetarian or a vegan for that matter, the better diet of choice for a healthier lifestyle? The 30 million vegetarians living in the U.S. and 300 million worldwide would answer with an astounding Yes. Though they are†¦show more content†¦Vegans had a lower energy intake compared to other diets. In addition, the vegetarians had a significantly lower energy intake compared to the omnivores. (Clarys, P. 2014). In effect, like almost every specific diet has its be nefits as well as its downfalls, but if were comparing the omnivorous and the vegan/vegetarian diets, the authors and data indicated consistently the vegan diet as the most healthy one(Clarys, P. 2014). According to the Journal of the American Medical Association in the article, Meat vs veg: how does a vegetarian diet stack up?, indicates that vegetarians have a lower risk of some chronic diseases such as hypertension, heart disease and diabetes(JAMA 2013). Mainly due to the fact of the natural nutrients, compounds found in fruits and vegetables along with the low percentage of fats and oils found in meat. Regardless of whether you follow a vegetarian diet, Australia s Dietary Guidelines recommend you consume a wide variety of foods each day, including plenty of vegetables, whole-grain foods, including legumes/beans, nuts and seeds, and low-fat dairy products(Meat vs.Veg 2013). This illustrates that this diet is in fact flawed, without the protein, iron, calcium, vitamin B12, vitam in D, that is not found in an all green diet, you will lack essential nutrients. Of course if an individual who understands this can specialize their diet to meet their needs. This leads into the next topic of

Wednesday, May 6, 2020

Succubus Shadows Chapter 14 Free Essays

I was never entirely sure how much of that dream was true and how much was a lie. That it was a mix, I felt certain. I couldn’t think of any reason the Oneroi would show me Kayla noticing my absence when no one else did. We will write a custom essay sample on Succubus Shadows Chapter 14 or any similar topic only for you Order Now That had to be true. Yet, I also couldn’t imagine Seth and Maddie slandering me so much. I especially couldn’t imagine him breaking a confidence. Surely that was a lie†¦right? And as for the rest of the dream†¦well, it didn’t matter. The Oneroi offered no answers. And as more and more dreams came to me, the fate they’d foretold began to come true: I could no longer tell what was real and what wasn’t. Often, I tried to tell myself that it was all a lie. That was easier than living with the doubt. No matter how hard I tried, though, I couldn’t shake the feel of truth that some had. So, I was always questioning everything, and it grew maddening after a while. It was made worse by the fact that the Oneroi were always feeding off of those dreams, which consequently sucked up my energy. A succubus needed that energy to function. It gave me the ability to move in the world, to think clearly, to shape-shift. Draining me of it wouldn’t kill me – I was still immortal, after all – but it made me useless. Not that it mattered in my prison. I still had the sensation of being crammed inside a box in the dark, and what little awareness of my body I had left was simply showing me pain an d weakness. Had I been released, I would have had trouble walking. I would also likely be in my true shape. Since I was mostly suspended consciousness now, the physical aspects became irrelevant. My mind became the true liability, as both the lack of energy and torture from the dreams began to rip me apart. I was more coherent and analytical during the dreams themselves, but when they ended and the emotions hit me, my rational thought began fracturing. My banter with the Oneroi became primal insults and screams. Most of the time I couldn’t think at all. I was just pain and despair. And rage. It seemed impossible, yet underneath the agony that smothered me, a small spark of anger just barely managed to stay alive, fueled every time I saw the Oneroi. I think holding on to that fury was the only thing that kept my shattered mind from completely giving in to insanity. I lost all sense of time, but that had more to do with the strange nature of dreams and not so much my brain. I actually think little time passed in the real world because every time the Oneroi showed me a glimpse of it, no progress seemed to have been made in finding me – something I believed the Oneroi hoped would break me further. â€Å"Why do you keep asking us?† The question came from Cody. I was now watching him, Peter, and Hugh being interrogated by Jerome. Carter sat in a far corner, smoking in spite of Peter’s no-cigarettes-in-the-apartment rule. Roman was there too, invisible in body and aura. That meant I shouldn’t have been able to see him, yet something – maybe because he was my target in this dream – allowed me to know he was there, despite what my senses told me. My friends knew about him. He had no need to hide his physical appearance, unless Jerome feared there might be demonic eyes watching Seattle – which wasn’t that unreasonable. My disappearance had probably made him extra suspicious. Cody’s question had been directed toward Jerome, and I had never in my life seen such fury on the young vampire’s face. He was the mildest of us all, newest to Seattle’s immortal circle. He still jumped when Jerome said jump and spent more time watching and learning than taking an active role. Seeing him like this was a shock. â€Å"We don’t know anything!† Cody continued. â€Å"Our powers are limited. You’re the one who’s supposed to be almighty and powerful. Doesn’t Hell control half the universe?† â€Å"‘There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy,'† quoted Carter solemnly. â€Å"Shut up, both of you,† snapped Jerome. He glared at the angel. â€Å"I’ve already heard you use that one before.† Carter shrugged. â€Å"You’ve heard me use all of them before. Many, many times.† Jerome turned back to my three friends. â€Å"Nothing. You’re absolutely certain you noticed nothing about her before this happened?† â€Å"She was down,† said Peter. â€Å"She’s always down,† said Hugh. â€Å"She didn’t tell any of us about this thing she kept feeling,† growled Cody. â€Å"She only told Roman. Why aren’t you questioning him?† â€Å"I have,† said Jerome. He took a step near the young vampire and leaned his face in close. â€Å"And watch your tone. You’re lucky I’m feeling kindly right now.† â€Å"What’s Mei doing?† asked Peter. His tone was proper and polite as he cast an uneasy glance at Cody. Half of Peter’s question was probably a ploy to save his prot? ¦g? ¦ from being smote then and there. Jerome sighed and stepped back. â€Å"Questioning others. Finding any trace – any at all – of another of our immortals who might have felt something.† Hugh, who was sitting on the couch and keeping his distance from our angry boss, cleared his throat nervously. â€Å"I don’t want to bring this up†¦but, you’re already kind of on probation after the, um, summoning.† Jerome’s smoldering gaze fell on the imp, who flinched. â€Å"Don’t you think I know that? Why is everyone here giving me useless information?† â€Å"All I’m saying,† said Hugh, â€Å"is that if someone wanted to take advantage of the situation, making you lose one of your immortals would be a good way. Someone who, say, maybe wanted a job promotion.† â€Å"Mei couldn’t do this,† said Jerome, catching on. He’d already had one lieutenant demoness turn, so Hugh’s hypothesis wasn’t that bad. â€Å"She couldn’t hide Georgina like this†¦even if she was working with someone who could, she’d find a better way to get to me.† There was almost a proud note in his voice. â€Å"What about Simone?† demanded Cody. â€Å"She’s out there impersonating Georgina, you know.† Both Peter and Hugh stared in astonishment. â€Å"She’s what?† exclaimed the imp. The attention from his friends seemed to fluster Cody more than Jerome’s wrath. â€Å"Yeah, I was, um, visiting Gabrielle at the bookstore, and I saw Simone. She had Georgina’s shape, but I could feel it was her.† â€Å"You saw Gabrielle?† asked Carter with interest, like my disappearance from the universe had now lessened in comparison to Cody’s romance. Cody flushed. â€Å"We†¦had a date. But I canceled it when I heard about Georgina. It’s no big deal.† No big deal? My kidnapping was now ruining Cody’s chances with the woman of his dreams. â€Å"This is more useless information,† growled Jerome. â€Å"And, yes, I know about Simone.† â€Å"Maybe you should be talking to her,† said Cody. â€Å"She didn’t do it,† said Jerome. The way he spoke implied that it was a closed case. Peter was still treading cautiously around Jerome. â€Å"If you say she didn’t†¦then she didn’t. But why is she impersonating Georgina if she’s innocent in all this?† â€Å"She has her reasons,† said Jerome vaguely. Cody was outraged. â€Å"And you’re just going to let her do it! How can you?† â€Å"Because I don’t care!† roared Jerome. A wave of power flared out from him like a shock wave. Everyone except Carter was blown back by it. The china in Peter’s cabinet rattled. â€Å"I don’t care what that other succubus does. I don’t care about Georgina’s human friends or what they think. If anything, you should be grateful. Simone’s act is keeping the others from noticing what happened.† None of my friends had anything to say to that. With an exasperated snarl, Jerome turned toward the door. â€Å"I’ve had enough of this. I need real answers.† He stormed out into the hall, leaving the door open. Presumably, he did it as an act of angry defiance, but I knew it was so Roman could follow him. Normally, the demon would have simply teleported out, but for whatever reason, father and son were investigating together today. Once alone on the stairwell, Jerome muttered, â€Å"Hold on.† Roman must have because Jerome disappeared. He reappeared – and me along with him – in a new setting: Erik’s store. It was evening, and Erik had shut down for the night. The fountains were off. The music had stopped playing. Yet, near the back of the store, a few notes of humming could be heard. They cut off almost immediately, and footsteps sounded as someone approached. Jerome stayed where he was, not deigning to move. He knew his presence would have been promptly felt. He knew Erik would come to him. And sure enough, gait still unsteady from being sick recently, Erik made his way to the store’s front. He radiated wariness as he moved. For me, he always had a kindly smile and cup of tea. Even Carter, the most powerful immortal in Seattle, would earn a respectful smile. But Erik was on his guard now – which really wasn’t that weird, considering who stood in his store. Erik came to a stop a few feet from Jerome and straightened himself up as well as he could to his full height. He gave Jerome the smallest nod of greeting. â€Å"Mr. Hanan’el,† said Erik. â€Å"An unexpected visit.† Jerome had just taken a cigarette out of his coat, and it fell from his fingers. The look he gave Erik was a hundred times more terrifying than anything I’d ever seen. I expected another flare-up of power, one that would blow the entire building apart. â€Å"Do not,† said Jerome, â€Å"ever let that name cross your lips again, or I will rip them off.† His voice was low and even, simmering with the rage and power he was holding back. Had I been there, I would have gasped. Jerome’s true name. Erik knew Jerome’s true name. I used fake names to blend in and forget my identity. But for angels and demons, names were power. In the right hands, a name could be used to summon or control a greater immortal. In fact, for Dante to have summoned Jerome in the spring, Grace must have revealed that name. Erik didn’t flinch at Jerome being in smite mode. â€Å"I assume,† said Erik, â€Å"you are seeking something.† â€Å"Yes,† said Jerome, slightly mimicking Erik’s tone. â€Å"I am ‘seeking’ my succubus.† Erik’s eyebrows rose slightly. â€Å"Miss Kincaid?† â€Å"Of course! Who else?† Jerome did technically have another succubus, Tawny. But maybe he wouldn’t have gone hunting for her if she disappeared. He took out another cigarette and lit it without a lighter. â€Å"Do you know where she is? And don’t lie to me. If you’re keeping her from me, I will rip you apart, leaving your tongue for last.† â€Å"Ripping body parts appears to be a theme tonight,† replied Erik, clasping his hands behind his back. â€Å"But no, I don’t know where Miss Kincaid is. I didn’t know she was missing.† Jerome took a step forward, eyes narrowed. â€Å"I told you, do not lie to me.† â€Å"I have no reason to lie. I like Miss Kincaid. I would never wish her harm. If I can help her, I will.† Erik’s wording was careful. It was me he was offering to help – not Jerome. â€Å"She spoke to you about some force – some ‘siren song’ that kept coming to her,† said Jerome. He gave a curt report of what Roman had observed when I disappeared. â€Å"What do you know about this thing? What kind of creature was it? It was feeding off her depression.† From the moment this dream had started, Jerome had displayed nothing but rage and terror. Yet†¦as he shot off questions, it was almost like he was rambling. There was desperation under all that anger. Desperation and frustration because he was in a situation with no answers and felt powerless. Demons, as a general rule, do not like feeling powerless. Resorting to human help – a human who knew his name, no less – must have been excruciatingly painful for my boss. Erik, classy as always, remained calm and formal. â€Å"There are creatures who do that, yes, but I don’t believe it was one of those. I believe it chose those times because she was weakest. It was simply a lure – probably not the creature or culprit itself.† â€Å"Then what creature is it?† Erik spread his hands wide. â€Å"It could be any number of things.† â€Å"God-fucking-damn-it,† said Jerome, dropping his cigarette onto Erik’s floor and stomping on it hard. â€Å"You’re no longer connected to her?† â€Å"Correct.† â€Å"You have no awareness of her – one of your kind isn’t masking her?† â€Å"Correct.† â€Å"And you know she’s not dead?† â€Å"Correct.† Erik’s brown eyes were thoughtful. â€Å"Then the creature is likely one outside of your scope.† â€Å"Why,† asked Jerome wearily, â€Å"does everyone keep telling me things I already know?† The question could have been directed to Erik, Roman, or the air. The demon took out another cigarette. â€Å"You need to figure out who would take her and why. She has enemies. Nyx was not pleased with the resolution of her last visit.† â€Å"Nyx is locked up.† Jerome spoke as though he had stated that a hundred times. I was pretty sure he’d been asked all those questions about me a hundred times too. â€Å"Your summoner, Mr. Moriarty, was not overly pleased with her either.† Although Erik remained professional, his lips twisted ever so slightly, like he’d tasted something bitter. Regardless of his feelings for the demon, both Erik and Jerome shared a mutual hatred of Dante. This gave Jerome pause. â€Å"I doubt this was human magic, though I suppose he could have had help – he’s sought allies before. I’ll look into it.† He dropped this new cigarette and stepped on it too. â€Å"Regardless, I still can’t believe I’d have no sense of her in the world.† â€Å"Maybe she’s not in this world.† Erik’s words hung between them for several seconds. â€Å"No,† said Jerome at last. â€Å"Many have interest in her – but none who would do that.† I saw in Erik’s face that the words â€Å"Many have interest in her† had caught his notice. He stayed silent, however, and waited for Jerome’s next profound statement. Which wasn’t that profound. â€Å"Time to go,† said the demon, probably so Roman could grab hold again. Jerome teleported, off to wherever it was he had to go. And me? I returned to my prison. How to cite Succubus Shadows Chapter 14, Essay examples

Monday, May 4, 2020

A DollS House Essay On Deception Example For Students

A DollS House Essay On Deception A Doll House by Henrik Ibsen, is a play that was written ahead of its time. In this play Ibsen tackles womens rights as a matter of importance. Throughout this time period it was neglected. A Doll House was written during the movement of Naturalism, which commonly reflected society. Ibsen acknowledges the fact that in 19th century life the role of the woman was to stay at home, raise the children and attend to her husband. Nora Helmer is the character in A Doll House who plays the 19th woman and is portrayed as a victim. Michael Meyers said of Henrik Ibsens plays: The common denominator in many of Ibsens dramas is his interest in individuals struggling for and authentic identity in the face of tyrannical social conventions. This conflict often results in his characters being divided between a sense of duty to themselves and their responsibility to others.(1563) All of the aspects of this quote can be applied to the play A Doll House, in Nora Helmers character, who throughout much of the play is oppressed, presents an inauthentic identity to the audience and throughout the play attempts to discovery her authentic identity. The inferior role of Nora is extremely important to her character. Nora is oppressed by a variety of tyrannical social conventions. Ibsen in his A Dolls House depicts the role of women as subordinate in order to emphasize their role in society. Nora is oppressed by the manipulation from Torvald. Torvald has a very typical relationship with society. He is a smug bank manager. With his job arrive many responsibilities. He often treats his wife as if she is one of these responsibilities. Torvald is very authoritative and puts his appearance, both social and physical, ahead of his wife that he supposedly loves. Torvald is a man that is worried about his reputation, and cares little about his wifes feelings. Nora and Torvalds relationship, on the outside appears to be a happy. Nora is treated like a child in this relationship, but as the play progr esses she begins to realize how phony her marriage is. Torvald sees Noras only role as being the subservient and loving wife. He refers to Nora as my little squirrel (p.1565), my little lark (p.1565), or spendthrift(1565). To him, she is only a possession. Torvald calls Nora by pet-names and speaks down to her because he thinks that she is not intelligent and that she can not think on her own. Whenever she begins to voice an opinion Torvald quickly drops the pet-names and insults her as a women through comments like; worries that you couldnt possibly help me with, and Nora, Nora, just like a woman.(1565) Torvald is a typical husband in his society. He denied Nora the right to think and act the way she wished. He required her to act like an imbecile and insisted upon the rightness of his view in all matters. Nora is a dynamic character in this play. Meyers quote is stating that Ibsen has characters who struggle with their authentic identity. Nora is clearly an example of one of these characters. She goes through many changes and develops more than any other character. Nora, at the beginning and throughout most of the play, is inauthentic character. An inauthentic identity is when a person believes their personality is identical to their behavior. However subconsciously they know that it is not true. Nora was inauthentic because her situation was all that she was ever exposed to. She is a grown woman that was pampered all her life by men. Nora was spoon-fed all of her life by her father and husband. She believes in Torvald unquestionably, and has always believed that he was her god or idol. She is the perfect image of a doll wife who revels in the thought of luxuries that she can afford because she is married. She is very flirtatious, and constantly engages in childlike acts of disobedien ce such as little lies about things such as whether or not she bought macaroons. Nora goes through life with the illusion that everything is perfect. When a woman of that time loves as Nora thinks she does nothing else matters. She will sacrifice herself for the family. Her purpose in life is to be happy for her husband and children. Nora did believe that she loved Torvald and was happy. She had a passionate and devoted heart that was willing to do almost anything for her husband. At first she did not understand that these feelings were not reciprocated. Torvald does not want a wife who will challenge him with her own thoughts and actions. The final confrontation between the couple involves more oppression by Torvald, but by this time Nora has realized the situation he wishes to maintain. Torvald calls her a featherbrained woman (1606) and blind, incompetent child (1609) even though she saved his life. Nora expected Torvald to be grateful to her. This does not happen. When Torvald says, Now you have wrecked all my happiness- ruined my future(1606) and Im saved!(1606), Torvald exhibits his self-absorbed nature. The fury Nora saw after Torvalds opening of the letter showed Nora a strange man. Someone she had not been wife to, someone she did not love. Their marriage is fake and mutually beneficial because of their social status. They are not really in love. Nora says, Yes. I am beginning to understand everything now.(1606) It is now that she can begin to apprehend her forgery was wrong, not because it was illegal, but because it was for an unworthy cause. This is when the readers see Nora embark into her transformation of her authentic character. Nora decides that the only way to fix the situation is to leave Torvald and her children and find herself independently. .ub806b0091cfd56ad12927a58330e2bac , .ub806b0091cfd56ad12927a58330e2bac .postImageUrl , .ub806b0091cfd56ad12927a58330e2bac .centered-text-area { min-height: 80px; position: relative; } .ub806b0091cfd56ad12927a58330e2bac , .ub806b0091cfd56ad12927a58330e2bac:hover , .ub806b0091cfd56ad12927a58330e2bac:visited , .ub806b0091cfd56ad12927a58330e2bac:active { border:0!important; } .ub806b0091cfd56ad12927a58330e2bac .clearfix:after { content: ""; display: table; clear: both; } .ub806b0091cfd56ad12927a58330e2bac { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub806b0091cfd56ad12927a58330e2bac:active , .ub806b0091cfd56ad12927a58330e2bac:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub806b0091cfd56ad12927a58330e2bac .centered-text-area { width: 100%; position: relative ; } .ub806b0091cfd56ad12927a58330e2bac .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub806b0091cfd56ad12927a58330e2bac .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub806b0091cfd56ad12927a58330e2bac .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub806b0091cfd56ad12927a58330e2bac:hover .ctaButton { background-color: #34495E!important; } .ub806b0091cfd56ad12927a58330e2bac .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub806b0091cfd56ad12927a58330e2bac .ub806b0091cfd56ad12927a58330e2bac-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub806b0091cfd56ad12927a58330e2bac:after { content: ""; display: block; clear: both; } READ: Tuskegee Syphilis Experiment EssaySlowly Noras character is forced to discontinue her inauthentic role of a doll and seek out her individuality, her new authentic identity. She comes to realize that her whole life has been a lie. She lived her life pretending to be the old Nora, and hid the changed woman she had become. The illusion of the old Nora continues well after she becomes a new person. When she realizes that responsibilities for herself are more important, Nora slams the door on not just Torvald but on everything that happened in her past. It took time to evolve into a new person, but after she did she became a person who could not stand to be oppressed by Torvald any longer. Nora says, Ive been your wife-doll here, just as at home I was Papas doll-child.(1608) Ibsen uses the idea of a doll because a doll always maintains the same look, no matter what the situation. A doll must do whatever the controller has them do. Dolls are silent and never express opinions or actually accomplish anything without the aid of others. This doll is Noras inauthentic identity. Her authentic identity is in the process of being built while Torvald calls Nora his little lark, his little squirrel, and a child. Nora grows even stronger. It is complete and presented to the readers when Nora when she stands up to Torvald and does the opposite of what he wants. Nora tells Helmer at the end of the play that, I have to try to educate myself. You cant help me with that. Ive got to do it alone. And thats why Im leaving you now (1609). Nora tells Helmer, . . . Im a human being, no less than you-or anyway, I ought to try to become one. (1609) She does not tolerate Torvalds condescending tone or allow him to manipulate her any longer. Nora must follow her own convictions now and decide for herself what her life will be in the future. Her rebirth has led to her own independence. Another man will never again control her and she is now free of her controlling husband. In conclusion Michael Meyers quote The common denominator in many of Ibsens dramas is his interest in individuals struggling for and authentic identity in the face of tyrannical social conventions. This conflict often results in his characters being divided between a sense of duty to themselves and their responsibility to others. is applicable to Nora in A Doll House. Nora Helmer is a character struggling to realize her authentic identity. Her husband Torvald has always established her identity. Throughout the play Torvald was condescending towards Nora and forced her to act and look in a way that pleased him. Nora allowed Torvald to play dress up with her and no matter what the situation Nora has to consistently remain Torvalds quiet, happy, little doll. Nora ends her doll life by leaving her doll house to learn and explore on her own. She is no longer a doll under the control of her master.

Saturday, March 28, 2020

Explain the circumstances in which rights and Essay Example

Explain the circumstances in which rights and Essay Explain the fortunes in which rights and duties arise or continue after the employment relationship has ended. Explain the historical development of the countries that you choose to discourse. Introduction It is clear that whilst most employment rights and duties arise and apply in relation to the relationship which exists between employer and employee during the period in which the employment contract exists. However, this is by no agency ever the instance, there are state of affairss in which both employers and employees will hold legal duties towards each other after this relationship has ended. It will non be possible to cover all these state of affairss in the undermentioned work, but this essay will dwell in an effort to pull attending foremost to the go oning duties which are of import to the employer, viz. the duty on the employee non to unwrap confidential information gained in the class of their employment. Second it will analyze the duties and rights which are of import to employees. The first of these is with respect to mentions from the former employer the proviso of which may give rise to a claim in civil wrong for the former employee, depending on the fortunes. The 2nd a nd reasonably recent development in relation to employees relates to the anti favoritism statute law. The protection under this statute law now extends to protect employees after the employment contract has ended in certain fortunes. Third the essay will look at some of the procedural rights and duties which arise after the employment contract has ended. In this subdivision I will concentrate on the modified statutory disciplinary and dismissal process and statutory grudge process which come into drama after the employment contract has ended and the duty on the portion of the employer to give grounds for a dismissal after the effectual day of the month of expiration. We will write a custom essay sample on Explain the circumstances in which rights and specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Explain the circumstances in which rights and specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Explain the circumstances in which rights and specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Competition by Ex-employees In certain fortunes employers can keep the activities of their employees even after the employment contract has ended. The employers will be entitled to protect their legitimate trade involvements in two ways. First they may trust on the responsibility of trueness and fidelity which implies into the employment contract a term of confidentiality which extends to ex-employees. Secondly employers may include a restrictive compact in the employment contract which restrains the employee from transporting out certain activities. Covering chiefly with the responsibility of trueness and fidelity, it seems clear from the instance jurisprudence that the responsibility will merely be invoked if the breach takes topographic point before the employment ceased. [ 1 ] Second the tribunals are more likely to keep the usage of touchable information than intangible information. So for illustration in the instance ofRobb V Green[ 2 ] the ex employee was restrained from utilizing a list of his employer’s clients which he had copied before go forthing his employment for his ain advantage. If the information which the employee is utilizing is non written the tribunals will be loath to keep the employee. [ 3 ] A differentiation will besides be drawn between the employees general cognition and single accomplishment of the employee which he may hold gained in the class of his employment and something which out to be regarded as a trade secret and deserving of protection by the employer. [ 4 ] The instance ofFacenda Chicken Ltd v Fowler [ 1986 ] ICR 297upheld the being of an implied responsibility in relation to utilize and revelation of information, but restricted it to merchandise secrets and specifically distinguished information which had become portion of the employees own accomplishment and cognition. The Court of Appeal in this instance besides drew attending to the inquiry of whether the employer expressed the confidentiality to the employee. This was relevant though non deciding. In the instant instance information associating to gross revenues which the employee attempted to utilize after his employment with them ended, was held non to be a trade secret on the face of it and the emp loyers had non done plenty to show its confidentiality. The information in inquiry need non be complicated and proficient, but it must decently be regarded as confidential. In the instance ofThomas Marshall ( Exports ) Ltd V Guinle[ 5 ] Megarry VC laid out four elements to the trial for confidentiality which are as follows: The proprietor of the information must believe that its information the release of which would be deleterious to the employer or advantage his challengers. The proprietor must believe the information is confidential and non in the public sphere. The above beliefs must be sensible. The information will be judged in the visible radiation of the peculiar industry and trade patterns. One extra point to observe in relation to the implied responsibility of trueness and fidelity is that it has been held that in certain fortunes the public involvement will necessitate that the information in inquiry is disclosed to those who have a proper involvement in having it. [ 6 ] For illustration where the information relates to misbehave on the portion of the employer, the employee will non be restrained from informing the relevant regulative organic structure. In footings of redress, the most appropriate redress for the employer will be an injunction to forestall the employee utilizing confidential information and amendss for breaches of the implied responsibility which the employee has already committed. The 2nd manner in which an duty might originate on the portion of the employee to act in a peculiar manner after employment has ended is if their employment contract contains an express restrictive compact. The fact that the implied responsibility discussed above is comparatively limited in scope means many employers frequently prefer to utilize this signifier of contractual term. However, to be enforceable the term must protect a legitimate concern involvement. It is non possible to expressly forbid competition. Because the clauses seek to curtail the manner in which the ex employee does concern after his employment has ended, the philosophy of restraint of trade will besides use. Therefore the term will be leading facie nothingness and merely enforceable if it’s sensible. It has been held that in this respect it must be sensible in mention to the involvements of the parties concerned or the public â€Å"so framed, so guarded as to afford equal protection to the party in whose favor they are imposed, while at the same time†¦in no manner deleterious to the public.† [ 7 ] The load is on the employer to set up rationality and must be no more than moderately necessary to afford the protection sought. The rationality must be judged at the clip the contract was made. [ 8 ] It will besides be judged on a instance to instance footing with the peculiar trade or concern in head. The length of the restraint and the geographical country which it covers are things which will be taken i nto consideration. There must besides be a legitimate proprietary involvement in the topic of the term. As with the implied term of trueness and fidelity, the employer can non curtail the employee from viing utilizing the cognition and accomplishment with which the employment has equipped him, merely personal cognition of trade secrets or connexions, employees or providers which were acquired from his employers and which may disfavor them. [ 9 ] The tribunals attack to construing these clauses has non ever been consistent. For illustration in the instance ofLittlewoods Organisation Ltd V Harris[ 10 ] Lord Denning took a broad ranging clause which prevented the ex employee working for any rival companies or subordinates throughout the universe and implied into it restricting words so as to curtail it to the portion of the concern which the employer was moderately allowed to protect. However inJA Mont UK Ltd V Mills[ 11 ] the Court of Appeal struck down a clause that prevented the ex employee working for a specific challenger for one twelvemonth. Their logical thinking was that there was â€Å"no effort to explicate the compact so as to concentrate on restraint necessary to guard against possible abuse of the information, the lone legitimate mark for enforcing any restraint on future employment.†[ 12 ] Employers would be good advised to follow a restrictive attack to these compacts as it is non ever clear how generous the tribunals will be in construing clauses which impose duties on the employee after their employment has ended. It does now seem clear that if the terminal of the employee’s contract has come about because of a breach on the portion of the employer, such as unlawful expiration the employer will non be able to implement a restrictive compact restricting the activities of the employee. This was the attack in the early instance ofGeneral Billposting Ltd V Attkinson[ 13 ] . There was some difference amongst the tribunals as to the consequence of a clause which restricted station expiration activities howsoever the expiration came approximately, for illustration â€Å"whether lawful or unlawful† . For a clip the tribunals focused on the specific building of the clause and hence in the instance of a clause such as this the employer would be able to implement it irrespective of a unlawful expiration. However the instance ofRock Refrigeration Ltd V Jones and Seward Refrigeration Ltd[ 14 ] eventually settled the affair in favor of the former attack. There are two chief justifications for this. First, the premature and unlawful expiration of the contract deprived the employee of full consideration in exchange for which he accepted the station expiration restraint. Second, the unlawful renunciation, as unlawful expiration would be, puts an terminal to the full contract and hence releases the employee from any of his duties under it. It may be that the tribunals elect to break up the clause so as to take the offending parts of it and go forthing the remainder in tact. This will merely be done if the portion they are seeking to break up is independent from the remainder of the clause and the remainder of the clause makes sense without it. The tribunals will non compose a new a new compact or change the nature of the understanding. [ 15 ] It is clear so that the tribunals are prepare to accept that certain contractual duties, both implied and expressed, continue or arise after the contract has come to an terminal. They are likely to take a reasonably restrictive attack to how far the antique employee can be restrained in his future employment or trade and they will merely let their activities to be restricted to the extent perfectly necessary to protect their former employer’s involvement. Mentions The proviso of a mention by an employer will evidently take topographic point after the employment contract has come to an terminal. Whilst the employer is under no duty to supply a mention, if he does take to make so there is an duty that it be accurate. If they do non they may go apt in civil wrong to both the subsequent employer who relies on the mention and the topic of the mention. [ 16 ] There are three possible causes of action for the employee. Defamation and malicious falsity are comparatively noncontroversial, but it now seems that the employee may hold a cause of action in negligent misstatement. This relates back to theHedley Byrne and Co v Heller[ 17 ] opinion that recovery can be made for pure economic loss where a particular relationship exists between the parties. With respect to defamation the mention is protected by qualified privilege, since the employer and possible employer have an involvement in it. [ 18 ] However this defense mechanism is lost if it can be shown that the individual giving the mention is motivated by maliciousness. The suspect must hold an honest, positive belief in the truth of what he publishes. If he publishes recklessly will be treated as if he knew it was false. [ 19 ] The employee will non be able to avail himself of this cause of action if he implicitly consented to the publication. In the instance ofFriend v Civil Aviation Authority[ 20 ] the employee accepted a disciplinary codification as portion of his employment contract. It was held that he thereby explicitly consented to the republication of a peculiar ailment as portion of a disciplinary procedure and he could non therefore complain about its republication in a mention. The 2nd cause of action for the employee would be deleterious or malicious falsity. In this instance the employee must demo that the employer made the statements maliciously, meaning them to do him damage. [ 21 ] It needn’t sum to an onslaught on the claimant’s character as with calumny. The tribunals did look to be traveling in the way of accepting that the referee owed a responsibility of attention in carelessness to the employee as the topic of the mention. In the instance ofLawton V BOC Transfield Ltd[ 22 ] Tudor J held that the employee relied on the referee to give an accurate mention and there was sufficient propinquity and foreseeability for a responsibility of attention to originate. The responsibility was to take sensible attention to guarantee that the sentiments stated are based on accurate facts. The House of Lords eventually confirmed this responsibility of attention in the instance ofSpring V Guardian Assurances[ 23 ] . They held that the Hedley Byrne demands were present. Furthermore, they held that the balance of public involvement favoured that a redress in carelessness be available. Whilst the mention is required to be accurate it is non necessary, to get away liability, that it be to the full comprehensive. The responsibility is to take sensible attention non to give deceptive information whether as a consequence of below the belt selective proviso of information or by the inclusion of facts and sentiments in such a mode as to give rise to a misguided illation in the head of a sensible receiver. [ 24 ] If the employer mentions a ailment which has non been brought to the employee’s attending the employer may be in breach of the implied term of trust and assurance. As a consequence of this the employee may be able to claim to hold been constructively dismissed. [ 25 ] The employer is now besides under a responsibility non to know apart against the former employer on the footing of sex, race or disablement. This will be discussed at length in the undermentioned subdivision. In drumhead when the employment relationship comes to an terminal and an employer agrees to supply a mention for the former employee a duty arises to supply and accurate history of the employee. The employee has the option of several causes of action in civil wrong if the employer does non follow with this duty. Post- Employment Discrimination The right on the portion of the employee non to be discriminated against has late been held to outlast the employment contract. This right stems form the anti favoritism statute law, The Sex Discrimination Act 1975 ( SDA ) , The Race Relations Act 1976 ( RRA ) and the Disability Discrimination Act 1995 ( DDA ) . The relevant instance wasRelaxion Group plc ( Respondents ) v Rhys-Harper ( FC ) ( Appellant ) , DSouza ( Appellant ) v London Borough of Lambeth ( Respondents ) , Jones ( Appellant ) v 3M Healthcare Limited ( Respondents ) and three other actions( The Relaxion instance ) . These dealt with the inquiry in each of the three Acts consecutively. In order to understand the determination in the Relaxion instance it is necessary to look at the relevant statute law and the history taking up to that determination. The relevant subdivisions of the anti favoritism statute law are as follows: Section 6 ( 2 ) of the SDA 1975 Section 4 ( 2 ) of the RRA 1976 Section 4 ( 2 ) of the DDA 1995 With respect to the SDA and the RRA the employer is prohibited from know aparting against a individual â€Å"employed by him† . The DDA prohibits favoritism against person â€Å"whom he employs† . The inquiry is whether these phrases can be interpreted to widen to actions taken by the employer after the contract of employment has ended, i.e. after the effectual day of the month of expiration. The instance ofAdekeye v Post Office[ 26 ] the Court of Appeal held that the RRA did non use to favoritism which occurred after the employment contract had ended, so an employee who suffered race favoritism during an entreaty against dismissal was non protected by the statute law. The place in relation to arouse favoritism was thought to be the same. However the European Court of Justice held in the instance ofCoote V Granada Hospitality[ 27 ] that the Equal Treatment Directive 76/207 EEC did use to a state of affairs where the employer refused to give the employee a mention because he was know aparting against her on the evidences of sex. When theRhys Harper V Relaxioninstance came to the Court of Appeal the tribunal surprisingly confined Coote to its facts and held that the employer’s refusal to look into a sexual torment claim did non conflict the SDA because it occurred after the employment had ended. The Court of Appeal besides refused to revisit the Adekeye determination in the visible radiation of Coote when the D’Souza instance came before them. The two instances along with a figure of disablement favoritism instances headed by that ofJones v 3M Health Carewent up to the House of Lords and were heard consecutively. The instance hinged on the reading of the three subdivisions notes above. The House held that there was no discernible difference between the three. Lord Hobhouse stated: â€Å"These legislative acts should be read as lending to a developing strategy of anti favoritism jurisprudence and as such the words should non without good ground be given different reading as between one of the legislative acts and another. They are non legislative acts to be officially read with each other, but they are legislative acts which reflect a consistent ( though developing ) legislative policy.† The House held that the statute law could be interpreted to widen past the effectual day of the month of expiration so long as a sufficient connexion could be proved between the post-employment favoritism and the employment. The indispensable logical thinking was that the favoritism statute law applies to the full employment relationship which can go on after the effectual day of the month of expiration of the employment contract. The House of Lords could see non ground to randomly stop the protection of the employee on the effectual day of the month of expiration if they were still holding traffics with the employer stemming from their former employment. It should be noted that the D’Souza instance was still dismissed because it concerned a refusal to re-instate the employee allegedly on prejudiced evidences. The House of Lords held that because re-instatement was a statutory redress provided for unjust dismissal it did non fall within the range of the RRA. Coincidentally, the anti favoritism statute law has undergone a recent inspection and repair in response to the EC Directive on Race Discrimination and Framework Employment. The SDA and RRA Amended Regulation 2003 now explicitly province that favoritism continues to be improper after the employment relationship has ended ‘where the favoritism arises out of and is closely connected to that relationship’ Similar commissariats were incorporated in the amended DDA which came into force in October 2004. It is deserving observing that the RRA ordinances merely apply to favoritism on the evidences of race or cultural or national beginning ( non color or nationality ) which might intend that D’Souza continues to use more widely. The restriction in relation to re instatement is besides likely to last. To reason this subdivision it is now a clearly established rule, whether by instance jurisprudence or statute law implementing EC directives that the employees right non to be discriminated against continues after the official terminal of the employment contract. This is clearly a logical place for the jurisprudence to be in. There can be no sense in taking the protection from the employee on the precise effectual day of the month of expiration when certain parts of the employment relationship continue past this day of the month, for illustration the may wish to appeal against a dismissal or be provided with a mention. If they are non protected from favoritism during these proceedings they may good be loath to take portion in them at some considerable disadvantage to themselves. This would non be a satisfactory province of personal businesss for any anti favoritism undertaking. Some of these post employment procedural affairs will be discussed in more item in the undermentioned subdi vision. Procedural rights and duties which arise and continue post-employment Written Statement of Reasons for Dismissal An employee is entitled to be provided with a written statement of grounds for his dismissal under the Employment Rights Act 1996 s 92 ( 1 ) and ( 2 ) as amended by the Employment Rights ( Dispute Resolution ) Act 1998. The written statement may mention to paperss already given to the employee, but transcripts these paperss must be provided. [ 28 ] The employee must bespeak the statement with 14 yearss of the effectual day of the month of expiration. The employer is non required to supply a written statement of grounds if one is non requested save in two specific fortunes. The first is that the employee was pregnant at the clip of dismissal or on pregnancy leave. The 2nd is that they had taken clip off work because they have late adopted. In those fortunes the employer must supply a written statement of grounds to the employee whether they request one or non. Normally the employee must hold been continuously employed for a twelvemonth to take advantage of this subdivision, but once m ore this does non use to the two classs mentioned above. The punishments for failure are contained in Section 93 of the Employment Rights Act 1996 as amended. If an employer unreasonably fails to supply a statement on petition the Employment Tribunal will do a declaration as to what it finds the employers grounds for dismissal to hold been. If the employer purports to give grounds, but they are unequal or untrue he will be taken to hold failed to supply grounds. They must besides order the employer to pay the equivalent of two hebdomads pay to the employee. Two points can be noted about this subdivision. First, it used to be that the employee had to unreasonably ‘refuse’ to supply a written statement. The word ‘fails’ was introduced in the Trade Union Reform and Employment Act 1993. It clearly provided a wider right to the employee to do usage of subdivision 93 of the Employment Rights Act 1996. Second, subdivision 93 is penal in nature and as such the Employment Appeals Tribunal has hence held that it must be stiffly construed. The failure must be unreasonable. [ 29 ] Several rules have been developed around this demand. It will non be considered unreasonable, for illustration, if the employer candidly believes that there has been no dismissal. [ 30 ] It will besides non be unreasonable if the ground the employer gives is candidly what he believes to be the ground for dismissal. The court will non see whether it is a good or a bad ground. [ 31 ] The papers provided must be worded in such a manner that the employee and anyone else who he chooses to demo it to would be able to cognize from reading it why he was dismissed. [ 32 ] The employment court can non hear instances which arise from statements which the employer has voluntarily provided. In instances arisen out of written statements which have been requested the written statement will be admissible as grounds of the grounds for dismissal in any proceedings. [ 33 ] If the employer gives another ground in subsequent judicial proceeding the tribunal can either disregard it and keep the employer to his original statement or handle the statement as traveling to the employer’s credibleness. This in one illustration of a procedural right which arises after the employment contact has ended. Obviously this could non originate before such a clip as it relate specifically to dismissal and arises after the effectual day of the month of expiration. The Disciplinary and Grievance Procedures. It is common cognition that in the event of a contemplated dismissal the employer is under an duty to transport out a statutory three phase dismissal and disciplinary process ( DDP ) . The three phases are a statement puting out the employee’s alleged behavior, a meeting to discourse the affair and a right to appeal any subsequent determination. However this process may non be possible if the employment has already come to an terminal. A modified disciplinary process will use in the undermentioned fortunes: The employer dismissed the employee by ground of his or her behavior without notice. The dismissal took topographic point at the clip when the employer became cognizant of the behavior or instantly afterwards. The employer was entitled in the fortunes to disregard the employee without notice. [ 34 ] The Department of Trade and Industry Guidance suggests that this will merely be the instance in a really limited figure of fortunes. It is about ever unjust to summarily disregard an employee without probe, even in the face of evident gross misconduct. The modified process will besides non use where the employee presents their ailment of unjust dismissal before the employer has sent a written statement of evidences for dismissal. [ 35 ] The duty to supply a written statement of evidences for dismissal arises under paragraph 4 of the modified process contained in agenda 2 of the Act. The Disciplinary process will non use in the undermentioned fortunes: One party has sensible evidences for believing that get downing or finishing the process would ensue in a important menace to the party or their belongings or another party or their belongings. The party has been the topic of torment, defined by ordinance 11 ( 4 ) , and has sensible evidences for believing that get downing the DDP would farther the torment. It is non moderately operable to get down to DDP within a sensible period. These exclusions apply every bit to the criterion DDP, but one might conceive of them to be more likely to originate if the employee no longer works for the employer by ground of drumhead dismissal. Similarly there is a modified grudge process which comes into drama after the employee has ceased to be employed. [ 36 ] Efficaciously the modified process removes the demand for a meeting and allows the party to carry on the process by missive. Extra conditions for its application are Either the employer was unaware of the grudge at the clip of expiration or they were cognizant of it but the standard grudge process had non been complete before the expiration. AND The parties agree in composing to utilize the modified process. [ 37 ] In regard of this demand the understanding must associate to a specific grudge, it can non be a cover understanding to cover with all station employment grudges via the modified process. The same exclusions as with the DDP apply and neither the standard nor modified process where it is no longer operable for the ex-employee to compose a missive These modified processs provide utile illustrations of the manner in which some of the procedural demands of employment jurisprudence apply after the employment contract has ended. Decision I would reason by stating first that the affairs discussed above are by no agencies exhaustive of the ways rights and duties arise and continue after the employment contract has come to an terminal. What I hope to hold done is supply some recent and some more historical illustrations to exemplify the fact that in a assortment of fortunes the employment relationship does non come to an terminal at the effectual day of the month of expiration. This is so from both the employer and employees point of position. We have seen that the employee’s duty to keep confidentiality extends past the terminal of the contract for such a clip and in such a manner as is sensible to protect the involvements of the employer. The employer on the other manus is under a responsibility to supply an accurate mention after the employment has ended and continues to be prohibited from know aparting against the former employee during proceedings which arise from the employment, but which take topographic p oint after the effectual day of the month of expiration. Furthermore there are procedural issues which arise after the effectual day of the month of expiration and these have been specifically provided in the employment statute law. Employers and employees likewise would make good to retrieve that their relationship does non come to an immediate arrest at the effectual day of the month of expiration. The relationship implies several rights and duties which continue good after that day of the month. Bibliography Cases Robb V Green [ 1895 ] 2 QB 315 Facenda Chicken Ltd v Fowler [ 1986 ] ICR 297 Hart V Colley ( 1890 ) 59 LJ Ch 355 Printers and Finishers Ltd v Holloway [ 1964 ] 3 All ER 731 Thomas Marshall ( Exports ) Ltd V Guinle[ 1978 ] ICR 905 Gartide V Outman ( 1856 ) 3 Jun NS 39 Littlewoods Organisation Ltd V Harris[ 1977 ] 1 WLR 1472 Nordenfelt V Maxim Nordenfelt Guns and Amunition Co [ 1894 ] AC 535 Home Counties Dairies v Skilton [ 1970 ] IWLR 526 Spafax Ltd v Harrison [ 1980 ] IRLR 442 JA Mont UK Ltd V Mills[ 1993 ] IRLR 172 General Billposting Ltd V Attkinson[ 1909 ] AC 188 Rock Refrigeration Ltd V Jones and Seward Refrigeration Ltd[ 1996 ] IRLR 675 Mason v Provident Clothing Co Ltd [ 1913 ] AC 724 Spring V Guardian Assurance [ 1994 ] ICR 596 Hedley Byrne and Co v Heller[ 1964 ] AC 465 Jackson v Happerton ( 1864 ) 16 CB ( NS ) 829 Horrocks V Lowe [ 1975 ] AC 135 Friend v Civil Aviation Authority[ 1998 ] IRLR Ratcliffe V Evans [ 1892 ] 2 QB 524 Lawton V BOC Transfield Ltd[ 1987 ] ICR 7 Kidd V Axa Equity and Law Life Assurance Association plc [ 2000 ] IRLR 301 TSB Bank Ltd v Harris [ 2000 ] IRLR 157 Relaxion Group plc ( Respondents ) v Rhys-Harper ( FC ) ( Appellant ) , DSouza ( Appellant ) v London Borough of Lambeth ( Respondents ) , Jones ( Appellant ) v 3M Healthcare Limited ( Respondents ) and three other actions Adekeye v Post Office [ 1997 ] IRLR 105 CA Coote V Granada Hospitality [ 1999 ] IRLR 452 Gilham V Kent County Council [ 1985 ] ICR 227 Charles Long and Sons Ltd V Aubry [ 1978 ] ICR 168 Brown v Stuart Scott and Co [ 1981 ] ICR 166 Harvard Scientists Ltd V Younghusband [ 1990 ] IRLR 17 Horsley Smith and Sherry ltd 5 Dutton [ 1977 ] IRLR 172 Legislation The Sex Discrimination Act 1975 The Race Relations Act 1976 Disability Discrimination Act 1995 Race Relations Act 1976 ( Amendment ) Regulations 2003 Sex Discrimination Act 1975 ( Amendment ) Regulations 2003 Disability Discrimination Act 1995 ( Amendment ) Regulations 2004 Employment Rights Act 1996 Employment Rights ( Dispute Resolution ) Act 1998 Trade Union Reform and Employment Act 1993 Employment Act 2002 ( Dispute Resolution ) Regulations 2004 Other The Law of Termination of the Contract. Robert Upex 7ThursdayEdition Jordan Publishing ltd 2006 Halsbury’s Laws of England. Employment ( Volume 16 ( 1 ) ( B ) ) Reissue Harvey on Industrial Relations and Employment Law Bulletin of the Commission’s Network of Legal Experts on the Application of Community Law on Equal Treatment. European Commission CE –V/2-03-003-EN-C