The Maturation of Bayard in Faulkner’s The Unvanquished Essay -- Faulk

The Maturation of Bayard in Faulkner’s The Unvanquished William Faulkner tells his novel The Unvanquished through the eyes and ears of Bayard, the son of Confederate Colonel John Sartoris. The author’s use of a young boy during such a turbulent time in American history allows him to relate events from a unique perspective. Bayard holds dual functions within the novel, as both a character and a narrator. The character of Bayard matures into a young adult within the work, while narrator Bayard relays the events of the story many years later. Several details within the work clue the reader to Bayard’s actual maturity. Diction from the opening chapter provides immediate clues. Although only twelve, the descriptions of Bayard’s mock-battlefield contain vocabulary far beyond his years (recalcitrance, topography, recapitulant) (p. 3-4), and Bayard admits his earlier shortcoming with words: â€Å"I was just twelve then; I didn’t know triumph; I didn’t even know the word† (p. 5). If the young boy did not know triumph, he most likely had not learned multi-syllabic words with etymological roo...

The Strange Case of Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson E

The story â€Å"The Strange Case of Dr. Jekyll and Mr. Hyde† by Robert Louis Stevenson conveys the theme of duality in nature in which man is fighting himself, or in this case, another version of himself. Being a psychology major, it is interesting to see a case this serious over how an alter ego can control the main psyche up to the point where it no longer conveys influence, but instead manipulation. In order to understand the control an alter ego can eventually have on the individual, it is important to comprehend exactly what an alter ego is and how an individual can lose dominance over it. A common misconception with this story is the readers’ belief that Dr. Jekyll suffers from schizophrenia. Schizophrenia (also called dementia praecox) is a psychotic disorder characterized by progressive deterioration of the personality, withdrawal from reality, hallucinations, delusions, social apathy, and emotional instability. In layman’s terms, someone who suffers from schizophrenia is born with this disease and believes they hear voices, or see images, in their minds commanding them to complete certain tasks. They have no idea who the voices are or when they came to exist, but eventually they give into the demands in order to silence the voices. Subsequently, they withdraw themselves from society in the process. These symptoms do not accurately match up with the symptoms of Dr. Jekyll. Dr. Jekyll did extract himself towards the end of the story only because he could no longer manipulate his transformations. Nothing in the story reveals him being born with such a disease. Due to this, he cannot be classified as a schizophrenic. Another universal misconception is that Mr. Hyde is Dr. Jekyll’s split personality. This seems comprehensible ... ... song represents the emotions tied in with someone who has an alter ego. The movie â€Å"Mr. Brooks† is a reflection of the story of Dr. Jekyll and Mr. Hyde and how he battled with himself to contain control over his mind and his nature. This is how each source reflects the story of â€Å"The Strange Case of Dr. Jekyll and Mr. Hyde†. Works Cited Stevenson, R. Louis. "The Strange Case of Dr. Jekyll and Mr. Hyde." The Norton Anthology. New York: W.W. Norton & Company, Inc., 2008. Print. Mr. Brooks. Dir. Bruce A. Evans. Perf. Kevin Costner. Blockbuster: 2007, Film. Celesty. â€Å"Demon Inside.† Song and lyrics retrieved 3 May 2012. Hamilton, John. "Dr. Jekyll and Mr. Hyde." Imdb.com. Web. 3 April 2012. Florentino, Sonya. â€Å"Alter Ego†. Poems by Sonya Florentino. New York, New York. Penguin Publishing. 2009. 48. Print. The Strange Case of Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson E The story â€Å"The Strange Case of Dr. Jekyll and Mr. Hyde† by Robert Louis Stevenson conveys the theme of duality in nature in which man is fighting himself, or in this case, another version of himself. Being a psychology major, it is interesting to see a case this serious over how an alter ego can control the main psyche up to the point where it no longer conveys influence, but instead manipulation. In order to understand the control an alter ego can eventually have on the individual, it is important to comprehend exactly what an alter ego is and how an individual can lose dominance over it. A common misconception with this story is the readers’ belief that Dr. Jekyll suffers from schizophrenia. Schizophrenia (also called dementia praecox) is a psychotic disorder characterized by progressive deterioration of the personality, withdrawal from reality, hallucinations, delusions, social apathy, and emotional instability. In layman’s terms, someone who suffers from schizophrenia is born with this disease and believes they hear voices, or see images, in their minds commanding them to complete certain tasks. They have no idea who the voices are or when they came to exist, but eventually they give into the demands in order to silence the voices. Subsequently, they withdraw themselves from society in the process. These symptoms do not accurately match up with the symptoms of Dr. Jekyll. Dr. Jekyll did extract himself towards the end of the story only because he could no longer manipulate his transformations. Nothing in the story reveals him being born with such a disease. Due to this, he cannot be classified as a schizophrenic. Another universal misconception is that Mr. Hyde is Dr. Jekyll’s split personality. This seems comprehensible ... ... song represents the emotions tied in with someone who has an alter ego. The movie â€Å"Mr. Brooks† is a reflection of the story of Dr. Jekyll and Mr. Hyde and how he battled with himself to contain control over his mind and his nature. This is how each source reflects the story of â€Å"The Strange Case of Dr. Jekyll and Mr. Hyde†. Works Cited Stevenson, R. Louis. "The Strange Case of Dr. Jekyll and Mr. Hyde." The Norton Anthology. New York: W.W. Norton & Company, Inc., 2008. Print. Mr. Brooks. Dir. Bruce A. Evans. Perf. Kevin Costner. Blockbuster: 2007, Film. Celesty. â€Å"Demon Inside.† Song and lyrics retrieved 3 May 2012. Hamilton, John. "Dr. Jekyll and Mr. Hyde." Imdb.com. Web. 3 April 2012. Florentino, Sonya. â€Å"Alter Ego†. Poems by Sonya Florentino. New York, New York. Penguin Publishing. 2009. 48. Print.

Equity and Trusts: Barnes V Addy Second Limb

Introduction This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia.However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the English approach to be adopted in the Australian context. Such an adoption may be advisable in light of the judicial and extra-judicial commentary suggesting that the orthodox approach is in fact not properly aligned with equitable principles. The discussion of this possibility involves not only an assessment of the advantages and disadvantages of each approach, but also a determination as to the extent to which the separate application of each approach could result in a divergent outcome.The development of the second limb of Barnes v Addy in Australia- ‘knowing assistance’ The classic authority on the circumstances in which third parties will be held accountable for their involvement in a breach of trust or fiduciary duty is the English case of Barnes v Addy. It was in this case that Lord Selbourne LC articulated the much cited and analysed statement of principle that has come to form the modern law: †¦ trangers are not to be made constructive trustees merely because they act as the agents of trustees†¦unless those agents receive and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and fraudulent design on the part of the trustees. This statement has come to be understood as allowing liability to be imputed on a party in two distinct circumstances, where the third party either knowingly receives trust property, or assists with knowledge in a breach of trust or fiduciary duty.This paper seeks only to consider the latter. In what ostensibly remains the authoritative case on this second limb of Barnes v Addy in Australia, the High Court in Consul Development Pty Ltd v DPC Estates Pty Ltd, (‘Consul Development v DPC’) not unlike other cases at the time, focussed predominantly on the level of knowledge which would be sufficient to attract accessory liability in the circumstances before them.The primary question was not one of the dishonesty or otherwise of the actions of the third party, but of that third party’s knowledge of the dishonesty of the fiduciary. The majority, it seems, realised that the terms ‘constructive notice’ and ‘actual notice’ did not in themselves comprise the requisite sophisti cation for dealing with the matter of the knowledge of the third party.They instead expressed the required degree of knowledge within particular parameters, with neither Stephen J nor Gibbs J willing to extend these parameters to include a negligent failure to inquire on behalf of the third party. In Equiticorp Finance Ltd v Bank of New Zealand, Kirby P (in dissent) indicated support for the Consul test of knowledge, and attempted to clarify the judgement in Consul Development v DPC with reference to the decision in Baden, Delvaxs & Lecuit v Societe Generale pour Favoriser le Development du Commerce et de L’Industrie en France SA (‘Baden’).He equated the degrees of knowledge set out by the High Court in Consul Development v DPC with the first four categories as stated in Baden thereby confirming that both actual and constructive knowledge, but not constructive notice, would constitute the requisite degree of knowledge necessary to render a third party liable unde r the second limb of Barnes v Addy. Similar findings have been made in later cases where Consul Development v DPC has been declared authority on the matter, although such an explicit reference to the Baden scale is not always present.Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority.However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty. Given the discordant state of the Australian authorities, the High Court took the opportunity in Farah Constructions Pt y Ltd v Say-Dee Pty Ltd, (‘Farah Constructions’) to clarify the Australian position on knowing assistance.Their Honours declared, in obiter, that Australian courts should continue to follow the decision in Consul Development v DPC, thereby continuing to see as necessary the requirement of a dishonest design on the part of the fiduciary, and subscribing to the proposition that where the third party’s knowledge falls within the first four categories of the Baden scale it will answer the requirement of knowledge under the second limb of Barnes v Addy.In what has been referred to as a â€Å"profound shift in the rules of judicial engagement† following Farah Constructions, lower courts have regarded themselves as obligated to follow the obiter of the High Court and have thus returned to an orthodox approach. However, the law in Australia is far from settled on this point and a case is yet to come before the High Court with the facts necessary to allow for a rec onsideration of the principles enunciated by the Privy Council in Royal Brunei. The development of the second limb of Barnes v Addy in England- ‘dishonest assistance’While in Australia the courts are returning to an orthodox approach towards accessory liability, in England, the courts are grappling with a reformulation of the principles under the second limb of Barnes v Addy following the decision in Royal Brunei. In this case, the Privy Council refocussed the relevant inquiry in cases concerning liability under the second limb of Barnes v Addy away from the third party’s knowledge of the trustee’s dishonesty, to the dishonesty of the accessory themselves.Consequently, the dishonesty (or lack thereof) of the trustee or fiduciary is irrelevant as it is the dishonesty on the part of the accessory that attracts liability. There is nothing new about the application of a dishonesty-based in inquiry into the liability of accessories to a breach of fiduciary duty , with Lord Nicholls suggesting that before the inquiry â€Å"donned its Barnes v Addy strait-jacket† judges hadn’t regarded themselves as confined to inquiries into the levels of knowledge of the accessory.It may even be said that the dishonesty-based inquiry had retained its place in contemporary law prior to Royal Brunei, and that it was merely obscured by the additional and more tedious requirement of determining the level of knowledge of the accessory. For example, in Agip (Africa) Ltd v Jackson Millet J stated: There is no sense in requiring dishonesty on the part of the principal while accepting negligence as sufficient for his assistant.Dishonest furtherance of the dishonest scheme of another is an understandable basis for liability; negligent but honest failure to appreciate that someone else's scheme is dishonest is not. This can be set alongside other cases which suggest that that the requirement of dishonesty on the part of the principle is in fact a compel ling reason not to require dishonesty on the part of the fiduciary, as they are an ‘accessory’ who merely needs to be is linked to the conduct of the principle. Millet J, however, seemingly wishes to see this principle extended, so that dishonesty is required on the part of both parties.The decision in Royal Brunei does not precisely echo this formulation of the dishonestly principle (Lord Nicholls ultimately went on to conclude that that the fiduciary need not be dishonest at all in order for the accessory to be held accountable), but instead clarifies and affirms a general principle in light of other commentary on the point. Consequently, Lord Nicholls in his judgement has set out what is necessary for the inquiry into the accessory’s dishonesty, stating that courts should look to determine whether the person acted â€Å"as an honest person would in the circumstances† in light of their actual knowledge at the time.He further explains that the question sh ould be approached objectively and indicates that the test is not one of the ‘reasonable person’. He seeks to clarify this test of dishonesty with the following examples: If a person knowlingly appropriates another’s property, he will not escape a finding of dishonesty simply because he sees nothing wrong in such behaviour†¦Honest people do not knowingly take other’s property†¦[or] participate in a transaction if he knows it involves a misapplication of trust assets to the detriment of the beneficiaries.Nor does an honest person in such a case deliberately close his eyes and ears, or deliberately not ask questions, lest he learn something he would rather not know, then proceed regardless. This passage, while meant to further explain the test for dishonesty, initially seems difficult to reconcile with later comments, where his Lordship makes explicit reference to the departure from the orthodox inquiry into degrees of knowledge, stating that the w ord â€Å"knowlingly† should be avoided and that the Baden scale was â€Å"best forgotten†.While it seems unproblematic to abandon the Baden scale of knowledge, commentators and courts alike have found difficultly in divorcing the concept of dishonesty from knowledge itself and the most recent authoritative decision on the point Barlow Clowes International Ltd v Eurotrust International Ltd (‘Barlow Clowes’) confirms that an inquiry into dishonesty does to some degree require an inquiry into the knowledge of the third party. Comparison of the English and Australian position One of the objectives of the court in Royal Brunei was to remedy some of the problems with the orthodox approach to accessory liability.Such problems were not only present in English courts, but have also plagued Australian courts and were not resolved in by the High Court’s affirmation of the knowledge-based test in Farah Constructions. Firstly, Lord Nicholls in Royal Brunei soug ht to realign the principles of accessory liability with equitable doctrines and focussed primarily on the conscience of the accessory themselves. In the orthodox approach, as expressed in Consul Developments v DPC, the inquiry is not into the state of mind of the accessory themselves but into the accessory’s knowledge of another’s state of mind.It has been suggested that the inquiry has thus been misplaced, and that although it results in an indirect finding of dishonesty on the part of the accessory, it is much further removed from equitable principles than the Royal Brunei approach. Lord Nicholls also sought to do away with the confusion surrounding the need for judges to distinguish between the different levels of knowledge, in particular constructive knowledge and constructive notice.However, as noted above, Lord Nicholls on several occasions makes reference to the knowledge of the accessory which is the reason that the degree to which the test of dishonesty is di vorced from an inquiry into knowledge has been questioned. However, what must be realised here is that the inquiry into knowledge that is embarked upon as part of the dishonesty based approach is different to that which was required under the knowledge based approach.This redirection for the knowledge inquiry was first considered in Twinsectra Ltd v Yardley where a difficulty arose in determining whether Lord Nicholls had intended for an objective or subjective approach to be taken to dishonesty. In the leading judgement, Lord Hutton tendered the â€Å"combined test† which required that the third party’s conduct be dishonest by the standards of the reasonable person as well as requiring an appreciation by the third party that by those standards his or her conduct was dishonest.This combined test endured much academic criticism and was seen as being inconsistent with the objective test enunciated by Lord Nicholls in Royal Brunei. The Privy Council, and in particular, Lo rd Hoffman (who was in the majority in Twinsectra Ltd v Yardley) had the opportunity in Barlow Clowes to clarify the comments made in Twinsectra Ltd v Yardley. It was stated that the majority in Twinsectra Ltd v Yardley had, in fact, always espoused a test in line with that which was conceptualised in Royal Brunei and it was commentators who had skewed this test into a different form.Despite the contempt that many commentators had for this account, the statement of a complete principle of dishonest assistance was applauded. Incorporated in this principle was the conclusion that the liability of the accessory was not dependant on a requirement for fraud or dishonesty on the part of the fiduciary, but depended solely upon whether the accessory was at fault. This is the converse position of the orthodox approach, whereby a third party can escape liability even where they know they are assisting in a breach of fiduciary duty, provided that the fiduciary was not acting dishonestly.Thomas J in Powell v Thompson held that protecting a person with a guilty conscience in this manner was not in line with equitable principles, and his consequent assertion that the conduct of the principle should be irrelevant was later approved in Brunei. One significant consequence of the divergent approaches in what are currently the UK and Australian positions on this matter would be the substantial difference in outcome in cases where the fiduciary had acted innocently.Provided that all other requirements are satisfied, in the UK the accessory would be held liable however in Australia they would not. Further to this, while some Australian judges have found it difficult to distinguish the traditional approach from that of Royal Brunei, the fact that the orthodox reliance on the Baden scale restricts investigations only to knowledge and not to other attributes or types of conduct, lends weight to the argument that in certain circumstances there would be divergent outcomes of the two ap proaches. Perhaps, it is best to take FarahConstructions as authority on this point, with the High Court in this case imputing that one of the reasons it is directing courts to treat the approaches distinctly is due to the potential for the different formulations of the principle to lead to different results. Conclusion In line with the arguments presented in this paper, it is submitted that the approach to accessory liability espoused in Royal Brunei is preferable to that which was propounded in Consul Development v DPC due what is an ostensible irreconcilability of the latter case with conventional equitable doctrines.This assertion turns on the manner in which the judges in Consul Development v DPC dealt with the requirement for a dishonest and fraudulent design on the part of the fiduciary as per Lord Selbourne LC in Barnes v Addy. Like many other cases at the time, Consul Development v DPC was concerned more with attempts to define what Lord Selbourne had meant by a â€Å"dish onest and fraudulent design† rather than questioning whether it was an appropriate criterion for the imposition of liability on a third party.Consequently, when it came to fulfilling equity's calls as to inquiries into the conscience of the defendant, courts were misguided and came to focus instead on the conscience of the principle. The arguments in favour of the retention of this approach are largely set out in reliance on the requirement that the third party be implicated in the conduct of the fiduciary. However, as suggested in Royal Brunei, assistance in itself should be enough to draw a sufficient connection between the accessory and the fiduciary.It was this realisation which enabled Lord Nicholls in Royal Brunei to reformulate the principle under the second limb of Barnes v Addy so as to redirect inquiries into the minds of defendants to their appropriate place in accordance with equitable principles. Although the adoption of the approach in Brunei may not result in ma jor shift in the law of accessory liability in Australia, it’s contemplation of circumstances in which the third party can be held liable even where the fiduciary is innocent would at the very least resolve the seemingly inequitable approach to this point as it stands in current Australian law. Bibliography Articles/Books/Reports Aitken, L, ‘Unforgiven: Some thoughts on Farah Constructions Pty Ltd v Say-Dee Pty Ltd' (2007) 29 Australian Bar Review 195 Andrews, G, ‘The redundancy of dishonest assistance’ (2003) 8 Conveyancing and Property Law Journal 1 Birks, P, ‘Misdirected funds: Restitution from the Recipient’ (1989) Lloyds Maritime & Commercial LQ 296 Chambers, R, ‘Knowing Receipt: Frozen In Australia' (2007) 2 Journal of Equity 40 Cope, M, ‘A comparative evaluation of developments in equitable relief for breach of fiduciary duty and breach of trust' [2006] QUT Law Journal 7Cope, M, Equitable Obligations: Duties, Defences and Rem edies (2008), Lawbook Co, Pyrmont. Hoffman, L, ‘The Redundancy of Knowing Assistance’ in Birks, P (ed), The Frontiers of Liability, (1994) vol 1, Oxford University Press, New York Dietrich, J & Ridge, P †The receipt of what? ‘: questions concerning third party recipient liability in equity and unjust enrichment' [2007] Melbourne University Law Review 3 Harding, M & Malkin, I, ‘The High Court of Australia’s Obiter Dicta and Decision-Making in Lower Courts’ 34 Sydney Law Review 2 Kirby, M, ‘Equity's Australian Isolationism' (2008) 8 Melbourne University Law Review 2Kiri, N, ‘Recipient and accessory liability- where do we stand now? ’ (2006) 21 Journal of International Banking Law and Regulation 11 Loughlan, P L, ‘Liability for Assistance in a Breach of Fiduciary Duty’ (1989) 9 Oxford Leg Studies 260 Mason, K, ‘President Mason’s Farewell Speech’ (2008) 82 Australian Law Journal 11 Ong, D, à ¢â‚¬ËœThe Knowledge or Role that makes a Person an Accessory under the Barnes v Addy Principle’ (2005) 17 Bond Law Review 6 Radan, P ; Stewart, C, Principles of Australian Equity ; Trusts, (2010), LexisNexis Australia, ChatswoodSullivan, G R, ‘Framing an Acceptable General Offence of Fraud’ (1989) 53 Journal of Criminal Law 92 Thomas, S B, ‘Knowing Receipt and Knowing Assistance: Where do we stand? ’ (1997) 20 UNSW Law Journal 1 Thornton, R, ‘Dishonest Assistance: Guilty Conscience or Guilty Mind? ’ [2002] 61 Cambridge Law Journal 3 ? Case Law Aequitas v AEFC [2001] NSWSC 14 Agip (Africa) Ltd v Jackson [1990] Ch 265 Air Canada v M;L Travel Ltd (1993) 108 DLR (4th) 592 Attorney-General v Corporation of Leicester (1844) 7 Beav 176 ASIC v AS Nominees (1995) 133 ALR 1Baden Delvaux ; Lecuit v Societe Generale pour Favorisier le Developpment du Commerce et de l’Industrie en France SA [1992] 4 All ER 279 Barlow Clowes International Ltd v Eurotrust International Ltd [2006] 1 All ER 333 Barnes v Addy (1874) 9 Ch App 214 Beach Petroleum NL v Johnson (1993) 115 ALR 411 Belmont Finance Corporation Ltd v Williams Furniture Ltd (No 2) [1980] 1 All ER 393 Carl Zeiss Stiftung v Herbert Smith ; Co (No 2) [1969] 2 Ch 276 Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 Corporate Systems Publishing Pty Ltd v Lingard [No 4] [2008] WASC 21 Coshott v Lenin [2007] NSWCA 153Digital Cinema Network Pty Ltd v Hepburn (No 4) [2011] FCA 509 DPC Estates v Grey [1974] 1 NSWLR 433 Eagle Trust plc v SPC Securities Ltd [1992] 4 All ER 489 Eaves v Hickson (1861) 30 Beav 136 Equiticorp Finance Ltd v Bank of New Zealand (1993) 32 NSWLR 50 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Flyer v Flyer (1841) 3 Beav 141 Gertsch v Atsas(1999) 10 BPR 18,431 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd; Walker Corp Pty Ltd vWhite City Tennis Club Ltd (2010) 241 CLR 1 Karak Rubber Co Ltd v Burden [1972 ] 1 All ER 1210 Kation Pty Ltd v Lamru Pty Ltd (in liq) (No 2) [2009] NSWCA 428Lipkin Gorman v Kapnale Ltd [1992] 4 All ER 451 Maher v Millenium Markets Pty Ltd [2004] VSC 174 NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 111 New Cap Reinsurance Corporation Ltd v General Cologne Re Australia Ltd [2004] NSWSC 781 Ninety Five Pty Ltd in liq v Banque Nationale de Paris [1988] WAR 132 Powell v Thompson [1991] NZLR 597 Royal Brunei Airlines Sdn Bhd v Tan Kok Ming [1995] 2 AC 378 Selangor United Rubber Estates Ltd v Cradock (No 3) [1968] 1 WLR 155 Twinsectra Ltd v Yardley [2002] 2 AC 164 Voss v Davidson & Ors [2002] QSC 316 Yeshiva Properties No 1 Pty Ltd v Marshall (2005) 219 ALR 11

Inclusive Practice

Inclusive Practice Inclusive practice in education moves us away from ‘integration' and ‘mainstreaming' of learners, which was mainly concerned with separating those with a disability or ‘special educational needs' until they had reached the required standard for mainstream education. Inclusion is about the learner's right to participate and the teacher/ institutions duty to accept the learner as an individual. Inclusion rejects the separation of learners with disabilities from learners without disabilities; instead it promotes equality and respect for their social, civil, human and educational rights.From what I can see there are few totally inclusive schools but those that are, restructure their curriculum so all can learn together without discrimination. Some key reports that have changed the face of education over the last decade and a half are: â€Å"Inclusive Learning† (1996) a report by John Tomlinson, was the result of a three-year enquiry into the ed ucational needs of and provision for adults with disabilities and/ or learning difficulties in England.It arose from the requirement of an Act of Parliament, in 1992 and states that; the new national funding council for further education should ‘have regard' for such students in all its work of funding, development and evaluation. ITSELF ? Learning for Teaching We believe that learning can only be fully effective if it is inclusive' ? Tomlinson 1996, case. Org. UK â€Å"Learning Works† the report of the Further Education Funding Council's committee on widening participation in Further Education Noun 1997), chaired by Baroness Helena Kennedy of the Shaw. The Learning Age† (Feb. 1998), the government consultation paper on lifelong learning, and the formal response to the National Committee of Inquiry into Higher Education's report Higher Education in the Learning Society. Key points being; more assessable learning opportunities, removing barriers I. E. Financial, di sability, investing in 16 + learners and improve quality.The Wolf report March 2011) Key points being; motivate young people to take the most valuable vocational qualifications pre-16, introducing study programmer for post-16 to ensure they are gaining skills which will lead to progression into a variety of Jobs or further learning, especially those who haven't done so well in English and mathematics to continue to study those subjects. To ensure apprenticeships deliver the right skills for the workplace, restructuring of the Qualification, Credit Framework (SCOFF) and enabling FEE lecturers and professionals to teach in schools, ensuring young people are being taught by those best suited to do so. education. Gob. UK Unfortunately with the changes in political power come changes in legislation. This on low income. Although only EYE per week, this could mean the difference between being able to afford to go to college or not. With the increases in University charges and the prospect of post graduates being left with huge debts to pay, or being told by bob centers they are ‘over qualified ‘ so no Jobs for them, it seems as though there has been a u turn in all the progress that had been made in the last decade and a half.Only time will tell what impact this will have on students and how many will want or be able to continue with their studies and what divide may be caused between those who can and can't afford to do this. In recent years, with the poor economic climate, many businesses have collapsed making people redundant. Faced with life changing decisions of having to change their career path and learning new kills; as the competition for Jobs with the skills they have may be too great, some of these individuals haven't been in the education system for many years and are faced in some circumstances with a frightening prospect of starting all over again.If they have had bad experiences in the past this will magnify the fear tenfold. I believe the refore it is even more important that teachers have experience in different skills and occupations as more learners may need to go directly into the work force and acquire work based training, with the employer supporting their learning. These are all barriers that have an impact on inclusive practice in the classroom as I can often have a group of learners with ages ranging from eighteen to sixty plus, from various backgrounds and experience.On one occasion I had a group of fifteen learners consisting of school leavers with no experience, some with varying amounts of experience in residential homes and hospitals. Some were returning to work Mums and others who had previously worked in Jobs such as, shop and office workers. There was one who had been a registered manager of a care home but had been dad redundant, with no vacancies in his area of expertise he decided to become a care worker, only a few weeks before he had been managing a workforce of twenty care workers, seniors and administration staff.It can be extremely difficult to accommodate such a wide cross section of individuals and sometimes to bridge the generation gap. Nears Care has policies in place to give individuals equal opportunities in training and employment (see appendix 1) From the introductions at the beginning of the session to the final goodbyes at the end of training I ensure that very learner is shown to be valued by all, showing interest in their opinions and what they have to say, valuing also their own experiences, which they bring into the room for all to share.No matter what their age, race, religion, disability, sexuality, and gender maybe, it is their opinions, work and life experience which is important for everyone to share and learn from. On 1st October 2010, the main provisions of the Equality Act 2010 came into force. It is a major simplification of discrimination legislation that makes the law easier to understand and comply with and delivers significant benefits for bus iness, public dies and individuals.It provides a new legislative framework to protect the rights of individuals and equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a will be brought in and likewise over the next year other provisions will be discussed and brought in; provisions relating to auxiliary aids in schools, to name one.The Special Educational Needs and Disability Act 2001 (SENDS) introduces the right for kissable students not to be discriminated against in education, training and any services provided wholly or mainly for students, and for those enrolled on courses provided by ‘responsible bodies', including further and higher education institutions and sixth form colleges. Education providers must also make ‘reasonable adjustments' to ensure that disabled students aren't discri minated against.Making reasonable adjustments could include; changes to practices or procedures, physical features, how learners are assessed and providing extra support and aids (such as peccaries teachers or equipment) The obligation for schools to provide extra support such as specialist teachers or equipment will be introduced at a later date – direct. Gob. UK 2011 1 have had many learners over the eight years I have been teaching, with many (SEEN) Dyslexia, color blindness, discalced (which I have learned about and identified during this course).I have had learners with sensory disabilities where I have had to make reasonable adjustments by restructure of the sessions, layout or materials and used others, from outside agencies to sign or give support one to one. For one learner, who was working towards their NV level 2 in care, I used a tape recording of accounts as she found it difficult to write reflective accounts due to having dyslexia.Sometime though it is difficult to make adjustments for one learner when it could be to the detriment of the rest of the class so it is not always possible to be completely inclusive, where possible I would try to meet their needs in a one to one session. Although I try to maintain inclusive practice within my sessions, it can be very difficult when talking about sensitive issues like abuse, some f the subject matter can cause distress to some individuals and so I ensure to warn them before the start of any subject that could cause distress or offense, that they may leave the room of ask to talk to me, or another in private.There are numerous legislations we are bound by in our work, some cover all individuals and industries and some are more specific to your chosen area. Health and Safety at Work Act 1974, Data Protection 1998, Human Rights Act 1998 are some of the acts that effect all of us and impact on our personal lives as well as at work. Some of the legislations that are pacific to my work and the area I t each are: Every Child Matters (2003), the title of three government paper leading to The Children's Act 2004. (ECMA) cover children and young adults up to 19 years old and 24 years old for those with disabilities.It was partly produced as a response to the death of Victoria Climb. The main aims of ECMA are; to be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic well-being. We also take guidance from Children's Workforce Development Council. Safeguarding of Adults – (review of ‘No Secrets 2000' in 2008). Working with both of these vulnerable groups requires an enhanced CRAB (Criminal Records Bureau; a police check) to ensure the safety of the individual and the suitability of the worker, working with them.Misuse of Drugs Act 1971, Misuse of Drugs Regulations 2001 and Medicines Act 1968 & 1971; because our staff have the responsibility of assisting and administering medication. They also need to know how to safely assist with moving and positioning of an individual, the Manual this area. Everything that is done in care, health or mental health is regulated and inspected by the Care Quality Commission (ICQ) formally (SIC). This is not an exhaustive list but does highlight some of the diverse and complex regulations that have to be taken into account when carrying out my role as a training and development manager.It is important to be aware and take into account all of the above when planning sessions to be inclusive to the learners. When training my learners to be care assistants I have to prepare them for many situations that could arise in their daily work, so I need to ensure they have basic literacy and innumeracy which is established prior to induction training, if they didn't have the right level of understanding this would create a huge barrier to their learning and would really be setting them up to fail.If they don't reach the minimum requirements then we can send them to a local college or Learn Direc t and on completion of literacy, innumeracy or both they can come back and try again. If a learner informs us if they have any special requirements when asked at interview (initial assessment) we will meet with them and see how we can meet those needs, whether it be sitting closer to the front of the class and larger print on all materials or a signer for sensory difficulties, eddying up and or smaller groups, one to one or extra sessions for those who find it hard to work in larger groups.Offering staggered start and finish times, changing break times and length of breaks for child care responsibilities, medical condition, nutritional or religious requirements. If there were learners with existing conditions from prior injuries, for example; a back condition, I would see if there was a more comfortable or adapted chair, if they needed to get up and walk around would be acceptable and maybe I would get all the learners to move around to different groups o as not to single that indiv idual out.Wherever possible I remind all learners that what they are learning are life skills and not Just a work skill, I encourage learning from real life and not Just scenario based. At the end of each session we ask all the learners to complete a feedback form asking; what they thought about the whole experience, what they got out of it, what they most enjoyed, what they didn't enjoy, how was the environment, refreshments and breaks, could anything be improved and any comments on the teacher.They are anonymous, I get to read them and I use hem to reflect on the session and make any improvements. I keep them on file with attendance registers for local authority and ICQ inspectors as evidence of training when they conduct inspections. Nears send random feedback forms to a percentage of learners that are collated by Quality Assurance for internal audits. The statistics of these are given at training and standardization meetings that are held regularly around the country.At these me etings all trainers/teachers talk about their experiences what has worked for them and what hasn't, they talk about good and bad practice and anything new that has been developed. I have registered myself with groups such as ICQ, Community Care, Dignity, ICE, MacMillan, TEST, and elf and receive regular email keeping me up to date with anything new, I also watch documentaries pertaining to my work and attend training sessions to refresh and expand my knowledge.I spend a lot of time surfing the internet, research different things and am a member of the NW London Skills for Care sub-committee which also ensures I am up to date with legislative requirements and have an active part in the the privilege of helping the company achieve Investors in People (â€Å"P) over the last fifteen years and every three years to re-qualify for continual status. In both PIP and ICQ inspections' training has always been praised for its quality and support. Appendix 1 Some facts and achievements of Near s Care Ltd.The fact that Nears has been accredited by Investors in People (â€Å"P) since 1994 is one of the achievements of which we can all be most proud. During this period Nears has grown from 350 employees to over 13,000, PIP accreditation requires organizations to consistently operate in a way that develops employees and to actively engage with them to look for ways to improve the running of the company. It is also important that the organization is socially responsible and that people are committed to its' success.Nears may be a larger organization now but our commitment to staff development will never change. In 2011 you will see new efforts to increase our apprenticeships, support management development, launch our new Graduate programmer and continue to develop all our staff in Health and Safety. I would like to thank all staff for their individual contribution to our continuing success David Miles CEO EQUALITY AND DIVERSITY Nears Group PL and its subsidiaries are Equal O pportunities Employers.Our aim is to ensure that no Job applicant or employee receives less favorable treatment on the grounds of gender, race, disability, color, nationality, ethnic or national origin, marital status, sexuality, responsibility for defendants, religion, trade union activity and age (up to 65). Selection criteria and procedures are kept under review to ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities. All employees will be given equality of opportunity within the company's service and will be encouraged to progress within the organization.To ensure that direct or indirect discrimination is not occurring, recruitment and other employment decisions are regularly monitored in conjunction with equal opportunities data concerning new and existing staff. The Nears Ethos is one of respect for people and we are fully committed to ensuring accessible services and opportunities to all. Our policies, procedures and w orking practices are designed to exceed government legislation and best practice in this area and to ensure that no discrimination either direct or indirect is tolerated throughout the group.We are all different. We look different, like different things, worship to different elisions and have different outlooks on life. Diversity is a term that values peoples' differences and supports the belief that these differences benefit a successful business or community. Committed to local employment. To the local contract, support economic and social regeneration, but also that our workforce reflects the community it serves. Staff who live locally and understand their communities help us to respond to and respect local culture.We recruit between 85% and 100% of local staff from the community To achieve this we ensure all vacancies are advertised on our website and with the local Job centre. When necessary we advertise in local newspapers and radio to maximize local awareness and interest. Ne ars support for local community projects also helps to make people aware of what we do and creates a positive impression of our business from prospective employees [pick] AGE POSITIVE Nears is very proud to be an Age Positive organization, an accreditation that we received in 2006.We are committed to promoting a diverse workforce and recognize the contribution more experienced employees offer to the business. We currently employ 31 people above the normal retirement age (2010). Case Studies Administrator 19 Years I Joined Nears North as an Office Junior in 2005 with basic office experience and an NV Level 2 qualification in Business Administration. In my role as Office Junior I worked closely with all the departments in Head Office and assisted the Office Manager with weekly payroll.Within a few months, I was given the opportunity to take responsibility for the processing of weekly payroll and promoted to Administrator in the finance department. I also achieved NV Level 3 in Busines s Administration and was awarded Apprentice of the Year 2005 by Recordable Training Association. Regional HER Advisor 58 Years â€Å"Prior to Joining Nears I worked for 34 years for an Electrical Engineering company in Newcastle. I started as a Commercial Apprentice and gained a BAA (Hon.) in Business Studies.I held various positions in HER starting as an assistant to the Personnel Officer and ending as a Regional HER Manager. In October 2004 1 took a voluntary redundancy package and decided to retire, but soon decided that I was far too young to retire. I knew that I had a lot to offer a new employer with over 30 years HER experience but the difficulty I then had was getting to the interview stage. Nears approach to recruitment for the Newcastle contract offered me a walk-in interview branches and was soon given two additional branches and the title of Regional HER Advisor.It's extremely exciting and challenging being part of a company growing so quickly and there is a very positi ve buzz about the place†. Joiner 63 years â€Å"I have always worked in construction but only Joined Nears in 2005. I consider my greatest achievement while working for the company has been coaching and supporting our trainees. The apprentices we employ have not all come through the usual channels and many have issues and difficult backgrounds. I aim to be patient and thoughtful, showing the apprentices how to do things the correct way! Inclusive Practice Inclusive Practice Inclusive practice in education moves us away from ‘integration' and ‘mainstreaming' of learners, which was mainly concerned with separating those with a disability or ‘special educational needs' until they had reached the required standard for mainstream education. Inclusion is about the learner's right to participate and the teacher/ institutions duty to accept the learner as an individual. Inclusion rejects the separation of learners with disabilities from learners without disabilities; instead it promotes equality and respect for their social, civil, human and educational rights.From what I can see there are few totally inclusive schools but those that are, restructure their curriculum so all can learn together without discrimination. Some key reports that have changed the face of education over the last decade and a half are: â€Å"Inclusive Learning† (1996) a report by John Tomlinson, was the result of a three-year enquiry into the ed ucational needs of and provision for adults with disabilities and/ or learning difficulties in England.It arose from the requirement of an Act of Parliament, in 1992 and states that; the new national funding council for further education should ‘have regard' for such students in all its work of funding, development and evaluation. ITSELF ? Learning for Teaching We believe that learning can only be fully effective if it is inclusive' ? Tomlinson 1996, case. Org. UK â€Å"Learning Works† the report of the Further Education Funding Council's committee on widening participation in Further Education Noun 1997), chaired by Baroness Helena Kennedy of the Shaw. The Learning Age† (Feb. 1998), the government consultation paper on lifelong learning, and the formal response to the National Committee of Inquiry into Higher Education's report Higher Education in the Learning Society. Key points being; more assessable learning opportunities, removing barriers I. E. Financial, di sability, investing in 16 + learners and improve quality.The Wolf report March 2011) Key points being; motivate young people to take the most valuable vocational qualifications pre-16, introducing study programmer for post-16 to ensure they are gaining skills which will lead to progression into a variety of Jobs or further learning, especially those who haven't done so well in English and mathematics to continue to study those subjects. To ensure apprenticeships deliver the right skills for the workplace, restructuring of the Qualification, Credit Framework (SCOFF) and enabling FEE lecturers and professionals to teach in schools, ensuring young people are being taught by those best suited to do so. education. Gob. UK Unfortunately with the changes in political power come changes in legislation. This on low income. Although only EYE per week, this could mean the difference between being able to afford to go to college or not. With the increases in University charges and the prospect of post graduates being left with huge debts to pay, or being told by bob centers they are ‘over qualified ‘ so no Jobs for them, it seems as though there has been a u turn in all the progress that had been made in the last decade and a half.Only time will tell what impact this will have on students and how many will want or be able to continue with their studies and what divide may be caused between those who can and can't afford to do this. In recent years, with the poor economic climate, many businesses have collapsed making people redundant. Faced with life changing decisions of having to change their career path and learning new kills; as the competition for Jobs with the skills they have may be too great, some of these individuals haven't been in the education system for many years and are faced in some circumstances with a frightening prospect of starting all over again.If they have had bad experiences in the past this will magnify the fear tenfold. I believe the refore it is even more important that teachers have experience in different skills and occupations as more learners may need to go directly into the work force and acquire work based training, with the employer supporting their learning. These are all barriers that have an impact on inclusive practice in the classroom as I can often have a group of learners with ages ranging from eighteen to sixty plus, from various backgrounds and experience.On one occasion I had a group of fifteen learners consisting of school leavers with no experience, some with varying amounts of experience in residential homes and hospitals. Some were returning to work Mums and others who had previously worked in Jobs such as, shop and office workers. There was one who had been a registered manager of a care home but had been dad redundant, with no vacancies in his area of expertise he decided to become a care worker, only a few weeks before he had been managing a workforce of twenty care workers, seniors and administration staff.It can be extremely difficult to accommodate such a wide cross section of individuals and sometimes to bridge the generation gap. Nears Care has policies in place to give individuals equal opportunities in training and employment (see appendix 1) From the introductions at the beginning of the session to the final goodbyes at the end of training I ensure that very learner is shown to be valued by all, showing interest in their opinions and what they have to say, valuing also their own experiences, which they bring into the room for all to share.No matter what their age, race, religion, disability, sexuality, and gender maybe, it is their opinions, work and life experience which is important for everyone to share and learn from. On 1st October 2010, the main provisions of the Equality Act 2010 came into force. It is a major simplification of discrimination legislation that makes the law easier to understand and comply with and delivers significant benefits for bus iness, public dies and individuals.It provides a new legislative framework to protect the rights of individuals and equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a will be brought in and likewise over the next year other provisions will be discussed and brought in; provisions relating to auxiliary aids in schools, to name one.The Special Educational Needs and Disability Act 2001 (SENDS) introduces the right for kissable students not to be discriminated against in education, training and any services provided wholly or mainly for students, and for those enrolled on courses provided by ‘responsible bodies', including further and higher education institutions and sixth form colleges. Education providers must also make ‘reasonable adjustments' to ensure that disabled students aren't discri minated against.Making reasonable adjustments could include; changes to practices or procedures, physical features, how learners are assessed and providing extra support and aids (such as peccaries teachers or equipment) The obligation for schools to provide extra support such as specialist teachers or equipment will be introduced at a later date – direct. Gob. UK 2011 1 have had many learners over the eight years I have been teaching, with many (SEEN) Dyslexia, color blindness, discalced (which I have learned about and identified during this course).I have had learners with sensory disabilities where I have had to make reasonable adjustments by restructure of the sessions, layout or materials and used others, from outside agencies to sign or give support one to one. For one learner, who was working towards their NV level 2 in care, I used a tape recording of accounts as she found it difficult to write reflective accounts due to having dyslexia.Sometime though it is difficult to make adjustments for one learner when it could be to the detriment of the rest of the class so it is not always possible to be completely inclusive, where possible I would try to meet their needs in a one to one session. Although I try to maintain inclusive practice within my sessions, it can be very difficult when talking about sensitive issues like abuse, some f the subject matter can cause distress to some individuals and so I ensure to warn them before the start of any subject that could cause distress or offense, that they may leave the room of ask to talk to me, or another in private.There are numerous legislations we are bound by in our work, some cover all individuals and industries and some are more specific to your chosen area. Health and Safety at Work Act 1974, Data Protection 1998, Human Rights Act 1998 are some of the acts that effect all of us and impact on our personal lives as well as at work. Some of the legislations that are pacific to my work and the area I t each are: Every Child Matters (2003), the title of three government paper leading to The Children's Act 2004. (ECMA) cover children and young adults up to 19 years old and 24 years old for those with disabilities.It was partly produced as a response to the death of Victoria Climb. The main aims of ECMA are; to be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic well-being. We also take guidance from Children's Workforce Development Council. Safeguarding of Adults – (review of ‘No Secrets 2000' in 2008). Working with both of these vulnerable groups requires an enhanced CRAB (Criminal Records Bureau; a police check) to ensure the safety of the individual and the suitability of the worker, working with them.Misuse of Drugs Act 1971, Misuse of Drugs Regulations 2001 and Medicines Act 1968 & 1971; because our staff have the responsibility of assisting and administering medication. They also need to know how to safely assist with moving and positioning of an individual, the Manual this area. Everything that is done in care, health or mental health is regulated and inspected by the Care Quality Commission (ICQ) formally (SIC). This is not an exhaustive list but does highlight some of the diverse and complex regulations that have to be taken into account when carrying out my role as a training and development manager.It is important to be aware and take into account all of the above when planning sessions to be inclusive to the learners. When training my learners to be care assistants I have to prepare them for many situations that could arise in their daily work, so I need to ensure they have basic literacy and innumeracy which is established prior to induction training, if they didn't have the right level of understanding this would create a huge barrier to their learning and would really be setting them up to fail.If they don't reach the minimum requirements then we can send them to a local college or Learn Direc t and on completion of literacy, innumeracy or both they can come back and try again. If a learner informs us if they have any special requirements when asked at interview (initial assessment) we will meet with them and see how we can meet those needs, whether it be sitting closer to the front of the class and larger print on all materials or a signer for sensory difficulties, eddying up and or smaller groups, one to one or extra sessions for those who find it hard to work in larger groups.Offering staggered start and finish times, changing break times and length of breaks for child care responsibilities, medical condition, nutritional or religious requirements. If there were learners with existing conditions from prior injuries, for example; a back condition, I would see if there was a more comfortable or adapted chair, if they needed to get up and walk around would be acceptable and maybe I would get all the learners to move around to different groups o as not to single that indiv idual out.Wherever possible I remind all learners that what they are learning are life skills and not Just a work skill, I encourage learning from real life and not Just scenario based. At the end of each session we ask all the learners to complete a feedback form asking; what they thought about the whole experience, what they got out of it, what they most enjoyed, what they didn't enjoy, how was the environment, refreshments and breaks, could anything be improved and any comments on the teacher.They are anonymous, I get to read them and I use hem to reflect on the session and make any improvements. I keep them on file with attendance registers for local authority and ICQ inspectors as evidence of training when they conduct inspections. Nears send random feedback forms to a percentage of learners that are collated by Quality Assurance for internal audits. The statistics of these are given at training and standardization meetings that are held regularly around the country.At these me etings all trainers/teachers talk about their experiences what has worked for them and what hasn't, they talk about good and bad practice and anything new that has been developed. I have registered myself with groups such as ICQ, Community Care, Dignity, ICE, MacMillan, TEST, and elf and receive regular email keeping me up to date with anything new, I also watch documentaries pertaining to my work and attend training sessions to refresh and expand my knowledge.I spend a lot of time surfing the internet, research different things and am a member of the NW London Skills for Care sub-committee which also ensures I am up to date with legislative requirements and have an active part in the the privilege of helping the company achieve Investors in People (â€Å"P) over the last fifteen years and every three years to re-qualify for continual status. In both PIP and ICQ inspections' training has always been praised for its quality and support. Appendix 1 Some facts and achievements of Near s Care Ltd.The fact that Nears has been accredited by Investors in People (â€Å"P) since 1994 is one of the achievements of which we can all be most proud. During this period Nears has grown from 350 employees to over 13,000, PIP accreditation requires organizations to consistently operate in a way that develops employees and to actively engage with them to look for ways to improve the running of the company. It is also important that the organization is socially responsible and that people are committed to its' success.Nears may be a larger organization now but our commitment to staff development will never change. In 2011 you will see new efforts to increase our apprenticeships, support management development, launch our new Graduate programmer and continue to develop all our staff in Health and Safety. I would like to thank all staff for their individual contribution to our continuing success David Miles CEO EQUALITY AND DIVERSITY Nears Group PL and its subsidiaries are Equal O pportunities Employers.Our aim is to ensure that no Job applicant or employee receives less favorable treatment on the grounds of gender, race, disability, color, nationality, ethnic or national origin, marital status, sexuality, responsibility for defendants, religion, trade union activity and age (up to 65). Selection criteria and procedures are kept under review to ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities. All employees will be given equality of opportunity within the company's service and will be encouraged to progress within the organization.To ensure that direct or indirect discrimination is not occurring, recruitment and other employment decisions are regularly monitored in conjunction with equal opportunities data concerning new and existing staff. The Nears Ethos is one of respect for people and we are fully committed to ensuring accessible services and opportunities to all. Our policies, procedures and w orking practices are designed to exceed government legislation and best practice in this area and to ensure that no discrimination either direct or indirect is tolerated throughout the group.We are all different. We look different, like different things, worship to different elisions and have different outlooks on life. Diversity is a term that values peoples' differences and supports the belief that these differences benefit a successful business or community. Committed to local employment. To the local contract, support economic and social regeneration, but also that our workforce reflects the community it serves. Staff who live locally and understand their communities help us to respond to and respect local culture.We recruit between 85% and 100% of local staff from the community To achieve this we ensure all vacancies are advertised on our website and with the local Job centre. When necessary we advertise in local newspapers and radio to maximize local awareness and interest. Ne ars support for local community projects also helps to make people aware of what we do and creates a positive impression of our business from prospective employees [pick] AGE POSITIVE Nears is very proud to be an Age Positive organization, an accreditation that we received in 2006.We are committed to promoting a diverse workforce and recognize the contribution more experienced employees offer to the business. We currently employ 31 people above the normal retirement age (2010). Case Studies Administrator 19 Years I Joined Nears North as an Office Junior in 2005 with basic office experience and an NV Level 2 qualification in Business Administration. In my role as Office Junior I worked closely with all the departments in Head Office and assisted the Office Manager with weekly payroll.Within a few months, I was given the opportunity to take responsibility for the processing of weekly payroll and promoted to Administrator in the finance department. I also achieved NV Level 3 in Busines s Administration and was awarded Apprentice of the Year 2005 by Recordable Training Association. Regional HER Advisor 58 Years â€Å"Prior to Joining Nears I worked for 34 years for an Electrical Engineering company in Newcastle. I started as a Commercial Apprentice and gained a BAA (Hon.) in Business Studies.I held various positions in HER starting as an assistant to the Personnel Officer and ending as a Regional HER Manager. In October 2004 1 took a voluntary redundancy package and decided to retire, but soon decided that I was far too young to retire. I knew that I had a lot to offer a new employer with over 30 years HER experience but the difficulty I then had was getting to the interview stage. Nears approach to recruitment for the Newcastle contract offered me a walk-in interview branches and was soon given two additional branches and the title of Regional HER Advisor.It's extremely exciting and challenging being part of a company growing so quickly and there is a very positi ve buzz about the place†. Joiner 63 years â€Å"I have always worked in construction but only Joined Nears in 2005. I consider my greatest achievement while working for the company has been coaching and supporting our trainees. The apprentices we employ have not all come through the usual channels and many have issues and difficult backgrounds. I aim to be patient and thoughtful, showing the apprentices how to do things the correct way!

Light and a Long Day’s Journey Into Night

For many directors, a LONG DAY'S JOURNEY INTO NIGHT remains a cross collateral character study. That is to say, since the play is punctuated with a number of dysfunctional characters the emphasis on the drama of the play should be on the performance of the characters. If the actors are not properly presenting the uniqueness of these characters then the play will fall apart. This is not an inaccurate assessment nor would it be a flawed approach to directing. But, if casting and character examination were the only aspect of this play to be fleshed out then the approach would be single focused. This is because the very title of the play stresses that it takes place during the day and this would evoke the notion that the greater and brighter the lighting of the play the more potential for serious drama will be the result. While â€Å"playing† with lighting has often been employed as a strategy for evoking mood it is almost a clichà © of a clichà © that shadows are employed to create a certain mood. Then again, why would they not be? The use of shadows can often be employed to create a unique environment that can stress fear, confusion, foreboding, et al. With LONG DAY'S JOURNEY INTO NIGHT, however, this would be downright impossible. After all, how many shadows can you create during the day? Well, yes, there are a number of ways you could integrate shadows into a daylight scenario but this would not be my particular approach. Instead, I would prefer an approach where daylight literally â€Å"burns† non-stop through the proceedings. The reason for this is that such an approach would create a heighten sense of realism by pushing the character flaws of the cast to the  forefront. In other words, it becomes difficult to hide in broad daylight and this would be the approach taken to strip the characters somewhat bare. The cast of characters are literally â€Å"loaded† with flaws. There are alcoholics, drug addicts, the grievously ill, etc. Now, this is not to condemn the characters for their problems as much as it is to point out they are characters battling demons. The problems that these characters much contend with are very real. As such, there should be no attempt made to hide the characters flaws and that means a symbolic and literal light needs to be shined upon them. So, when there are scenes presented which are designed to highlight these flaws the scenes should be very brightly lit in the manner of shinning daylight. This will create make any masking of their problems difficult as it creates a subtext of the problems being out in the open. Again, this is not to say that the use of shadows and intermingling dark lighting into the proceedings will not work. Any attempt at manipulating the lighting in a motivated and effective manner has the potential to be successful. But, this would not be the approach I would intend to take when directing the play. As such, the use of shadows would be limited to as minimal as possible. To do otherwise would harm a major aspect of the play: it is intended to take place in daylight and to hide daylight through generic or uninspired lighting would undermine critical subtexts that make it a powerful work. Daylight brings the play and its themes into the â€Å"real world† and this concept is an important one. The play embraces the daylight and so should the play's director.   

Performance Management Paper Essay Example | Topics and Well Written Essays - 1000 words

Performance Management Paper - Essay Example The self-assessment process allows the organization to discern clearly its strengths and areas in which improvements can be made and culminates in planned improvement actions that are monitored for progress" (Bohigas and Heaton, 2000). EFQM Excellence Model aims to select and award a confirmation of high quality health care provision to institutions or services which achieved excellence. To apply for the EFQM, a health care service provides data of activities derived from its self-assessment according to EFQM's nine award assessment criteria. These nine award assessment criteria are as follows: "leadership, people, policy and strategy, partnership and resources, processes, people results, customer results, society results, and key performance results" (http://www.proveandimprove.org/new/tools/index.php). The use of the Model could be facilitated in small groups and even possible for one individual. Good rapport among the stakeholders will ease the process as each will be involved in some ways with the Model. To be effective, management and organization heads needs to be actively involved. As the staff becomes familiar with the system of the model, self-assessment against the Model can be completed very quickly - within days for a very basic assessment. It can also be used as a "diagnostic tool" because areas for action are given emphasis. With tWith the models varying approaches: "questionnaire, matrix chart, workshop, pro-forma, and quality award simulation", an organization can set up their own assessment to fit specific structure of the organization. For emphasis, the following statements from http://www.proveandimprove.org/new/tools/index.php will be cited. "A lot of the success of the model is in changing the way people think, looking for links between

Integrated supply chain management Research Paper

Integrated supply chain management - Research Paper Example Due to the liberalization and the globalization of international trade, the sourcing of production factors and the obtaining of consumers across boundaries has made it possible to have international supply chains (Mentzer 2004). The effectiveness of these barriers has made it possible to have a serious but favorable competition in the international market arena that can be attributed to the abolition of the trade barriers that previously made it impossible for trade to be easily carried out. This distribution of the competitiveness in the physical exchange with the rest of the world is important for economic growth and development of both nations and corporate that are actively involved in the supply chain management. A supply chain is loosely defined as a structured process of manufacturing whereby raw materials are changed into finished products before being delivered to customers. What is in agreement from the meaning of a supply chain is that it starts with raw materials and comb ines a number of value adding activities that end with the transfer of the finished products to the customer at the end of the chain. Due to the fact that the satisfaction of the needs and wants of the customer are crucial in the success of every supply chain and its management, effective management of the process that links each and every chains becomes vital. Additionally, the uncertainties in the market make the supply chains not to be flexible in trade situations that require that there is effective management of the supply chain. Supply Chain Management Supply chain management is aimed at examining and managing the supply chain networks in order to save costs and provides better services for the customers as well as improving the corporate competitiveness in the satisfaction of the needs of the customer (Langley et al 2008). Therefore, supply chain can be defined as a chain of facilities and distribution alternatives that carries out the functions of obtaining goods, changing t he goods into finished products and the distributing them to the market. Supply chain management entails organizing a network of numerous processes and activities that create value in the form of goods and services that are passed on from the original raw form into end products that are passed on to the end customer. It also involves the integration of key processes in any business from the end user through the suppliers that provide the goods and services and information that may be used in value addition to the product as well as the designing and management of all the activities that are relevant in the coming up with an end product (Handfield and Nichols 2002). In summary, supply chain management is aimed at increasing the value contribution to the end customer while concurrently reducing the costs of the product through offering it at the right place at the right time. According to Simchi-Levi, Kaminsky and Simchi-Levi (2003), supply chain management refers to the set of method s used for proper and efficient coordination of suppliers, producers, depots, and stores to enable the production and distribution of the commodities at the correct quantities, at the right locations and the right time. The main aim of this is to decrease costs while filling service requirements of both the supplier and the end customer, and this means that the supply chain must be organized to be both fast and trust worthy to the customers as well as cost effective to meet the requirements of the customers. From