PFRA and TSI to map cold calling control zones

first_imgPFRA and TSI to map cold calling control zones Howard Lake | 15 June 2010 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.  30 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Tagged with: Community fundraising Individual giving Law / policy PFRA AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis The Public Fundraising Regulatory Association (PFRA) and the Trading Standards Institute (TSI) have agreed to map Cold Calling Control Zones (CCCZs) throughout the UK and issue ./guidance on how and when they apply to charity fundraising.They are working together after the Institute of Fundraising revised its code of practice on face-to-face fundraising to include new recommendations on fundraising within CCCZs. The revised code says that charity fundraisers should observe CCCZs that are set up in accordance with Trading Standards Institute ./guidance.It also says that fundraisers may enter CCCZs that are not set up according to TSI ./guidance provided they have:• conducted a reputational risk assessment• established a policy on fundraising in CCCZs that has been approved by their trustees.Mick Aldridge, PFRA’s Chief Executive, said: “As the organisation that is tasked with enforcing the code of practice, we need the most up-to-date picture we can get of how many CCCZs exist, where they are, and whether they conform to TSI ./guidance. Doorstep face-to-face fundraising has been increasing over the past two years and we expect this trend to continue. That’s why we are keen to work with the TSI to establish with confidence the limited number of areas where charities ought not fundraise.”TSI’s chief executive Ron Gainsford says: “No cold calling zones are a very important area of work that TSI launched in 2005 – it has since then steadily grown in popularity among consumers who want to have a say on whether they get cold called on their doorstep or not. We are very pleased about the revised code of practice and look forward to continue working with PRFA to achieve a clearer and more uniform relationship between doorstep charity fundraising and NCCZs.”www.pfra.org.uklast_img read more

Read More

Group Says EPA RFS Proposal Runs Counter to President’s Budget

first_imgHere is the excerpt from the White House FY 2015 budget blueprint Americans United for Change called a big win for taxpayers and consumers: Facebook Twitter By Gary Truitt – Mar 4, 2014 Facebook Twitter “Eliminates Unnecessary Fossil Fuel Subsidies. As the Nation continues to pursue clean energy technologies that will support future economic growth, it should not devote scarce resources to subsidizing the use of fossil fuels produced by some of the largest, most profitable companies in the world. That is why the Budget proposes to eliminate unnecessary fossil fuel subsidies that impede investment in clean energy sources and undermine efforts to address the threat of climate change.  In total, the Budget would repeal over $4 billion per year in tax subsidies to oil, gas, and other fossil fuel producers.” SHARE Americans United for Change hailed the proposed fiscal year 2015 budget – highlighting the repeal of more than four-billion dollars a year in tax subsidies to oil, gas and other fossil fuel producers. Americans United for Change Executive Director Caren Benjamin says pointless subsidies for big oil shortchange investment in cleaner burning, cheaper renewable fuels of the future. To be consistent with the President’s budget – Benjamin says the Environmental Protection Agency should reconsider its plan to give a back door subsidy to Big Oil by gutting the Renewable Fuel Standard. Benjamin says that proposal runs counter to the President’s strategy to address climate change by supporting clean energy because a weak RFS means less incentive for innovation in cleaner burning, next generation renewable fuels and guarantees a greater use of fossil fuels. Previous articleThe Positive Side of Big DataNext articleAlumni to Receive Purdue Agriculture’s top Award Gary Truitt SHARE Home Energy Group Says EPA RFS Proposal Runs Counter to President’s Budget Group Says EPA RFS Proposal Runs Counter to President’s Budgetlast_img read more

Read More

Indiana Ag Hoping to Quiz both Governor Candidates at Upcoming Summit

first_img Facebook Twitter Home Indiana Agriculture News Indiana Ag Hoping to Quiz both Governor Candidates at Upcoming Summit Previous articleWould Vilsack as VP be Good for Ag?Next articleMorning Outlook Andy Eubank SHARE SHARE Facebook Twitter By Andy Eubank – Jul 22, 2016 Ag policy summit comingIndiana gubernatorial candidates have been invited to attend the Indiana Ag Policy Summit next week at the Indiana Farm Bureau Football Center. The summit is Wednesday July 27th, one day after Republicans select their candidate. It’s not yet known who that person will be and if he or she can attend, but Joe Steinkamp, president of Indiana Soybean Alliance does know one thing for sure.“John Gregg is confirmed to be at the policy summit,” he told HAT, “and we’re hopefully optimistic that we’ll get a positive from the Republican choice to be on the ticket for the governorship.”Gregg is the Democrat nominee for governor. The summit is hosted by the Indiana Corn Growers Association and Indiana Soybean Alliance Membership and Policy Committee. Joining them for an afternoon panel discussion of ag priorities for the next General Assembly will be the Agribusiness Council of Indiana, Indiana Farm Bureau and Indiana Pork.During the morning governor addresses, Steinkamp hopes to hear their visions for continuing to move agriculture forward in Indiana.Joe Steinkamp“Because we know that agriculture is an important part of Indiana industry and we need a lot of things in Indiana agriculture. We need good roads and bridges. We need good waterways and we need property taxes to continue on the affordable path that we need to farm our farms and so our landlords can continue to pay their real estate taxes and that we can afford to pay the rents so that they can do so. So we need a lot of things and we need our governors to be our leaders and spokesmen on that path.”He’ll also be interested in hearing the vision for Indiana livestock which is an important customer for soybean farmers. The event is open to all farmers and begins at 10:00 AM at 7001 West 56th Street, Indianapolis, IN. For registration information, visit www.indianasoybean.com/indianapolicy. Indiana Ag Hoping to Quiz both Governor Candidates at Upcoming Summitlast_img read more

Read More

Islamic Republic urged to free all detained journalists and online activists

first_imgNews Proposed Iranian law would ban US, British journalists and media Follow the news on Iran to go further April 10, 2015 – Updated on January 20, 2016 Islamic Republic urged to free all detained journalists and online activists News June 11, 2021 Find out more Receive email alerts IranMiddle East – North Africa RSF_en News May 10, 2021 Find out more IranMiddle East – North Africa In the wake of Iran’s historic agreement with the United States on its nuclear programme, Reporters Without Borders calls on President Hassan Rouhani to keep another campaign promise – the immediate release of all detained journalists and online activists, many of whom are very ill and are being denied appropriate treatment. Iran: Press freedom violations recounted in real time January 2020 June 9, 2021 Find out more Help by sharing this information After the international community hailed the 2 April accord, President Rouhani said on 3 April: “We have had tension and even hostility towards certain countries and we now hope for the end of this tension and hostility (…) The framework agreement envisages new cooperation with the world.”“An agreement with the international community on nuclear issues and the lifting of sanctions was one of Rouhani’s main promises during his election campaign, but he also repeatedly promised the release of prisoners of conscience, including journalists and online activists, and he has yet to keep this pledge,” said Reza Moini, the head of the Reporters Without Borders Iran-Afghanistan desk.“President Rouhani, we call for the immediate and unconditional release of all imprisoned journalists and Internet activists. The ‘cooperation’ you refer to needs above all unconditional cooperation with the United Nations and compliance with your international obligations, especially the International Covenant on Civil and Political Rights, to which Iran is a party. It is vital that you request the unconditional release of all prisoners of conscience in Iran.”Iran continues to be one of the world’s five biggest prisons for news and information providers, with a total of 46 journalists and Internet activists currently detained. Arrested arbitrarily, convicted in unfair trials and held in inhuman and degrading conditions, many of these detainees are in danger.Reporters Without Borders is especially concerned about the health of these journalists and online activists: Atena Ferghdani, who is awaiting trial, Said Razavi Faghih, who was sentenced to a year in prison and should have been freed in mid-March, Masoud Bastani, who has been held since July 2008 and who was sentenced to a total of six years in prison, Hossien Ronaghi Malki, who was arrested in 2010 and was sentenced to a total of 17 years in prison, and Saraj Mirdamadi, who has been held since March 2013 and is serving a three-year jail term.Bastani and Malki should have been released months ago under article 134 of the new Islamic penal code (as amended in 2013), which says that defendants who are given more than one sentence should serve only the main one.After visiting Rajaishahr prison on 1 March, health minister Hassan Ghazizadeh Hashemi said: “This prison is holding twice as many detainees as its capacity permits and cannot guarantee the required hygiene and health conditions (…) This is the first time I have come to this prison and the situation is really bad. People should not commit crimes, or else they will be incarcerated in this prison and will get ill and have lots of problems.”The minister was referring to conditions in what is one of Iran’s worst prisons in terms of cases of torture, rape and murder. Its official capacity is 1,100 inmates but it is currently holding more than 5,000 detainees, including around 100 prisoners of conscience, of whom 20 are journalists or online activists. This prison has been criticized in several reports including the UN Secretary-General’s report of 12 August 2014 on the human rights situation in Iran. Organisation News Iran is stepping up pressure on journalists, including foreign journalists, in run-up to electionlast_img read more

Read More

Concern about motives for dismissing director of popular current affairs programme

first_img Organisation December 2, 2020 Find out more News Receive email alerts LatviaEurope – Central Asia Use the Digital Services Act to make democracy prevail over platform interests, RSF tells EU LatviaEurope – Central Asia Help by sharing this information Reporters Without Borders voiced support today for investigative TV journalist Arta Giga following her dismissal as director of state-owned LTV’s extremely popular weekly current affairs programme “De Facto”, which has on several occasions exposed abuse of authority and corruption by politicians.The LTV management announced on 11 June that she was being removed for breaking two rules – overrunning the scheduled programme length by several minutes and using a swearword. She has been offered a less important post.“We are very disturbed by this transfer,” Reporters Without Borders said. “It is a disproportionate response to minor offences, one that seems to reflect an underlying desire to restrict investigative journalists’ access to popular programmes.”Giga has appealed against her removal but has received no response from the LTV management. Criticism of LTV’s news department began in February 2006, after the announcement of a restructuring by one of the station’s directors, Edgar Kots.Giga’s situation is not unique. Last year, Gundars Reders was removed as head of the news department, despite getting high ratings, and was appointed LTV’s Brussels correspondent. Ten RSF recommendations for the European Union to go furthercenter_img News Follow the news on Latvia June 2, 2021 Find out more News News June 26, 2007 – Updated on January 20, 2016 Concern about motives for dismissing director of popular current affairs programme RSF_en RSF and 60 other organisations call for an EU anti-SLAPP directive November 23, 2020 Find out morelast_img read more

Read More

Ocwen Reaches Settlement In HAMP, FHA Suits

first_img Demand Propels Home Prices Upward 2 days ago FHA HAMP Mortgage Servicers Ocwen Settlements 2016-06-24 Brian Honea Ocwen Reaches Settlement In HAMP, FHA Suits Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago  Print This Post Share Save in Daily Dose, Featured, News The Best Markets For Residential Property Investors 2 days ago About Author: Scott Morgan Scott Morgan is a multi-award-winning journalist and editor based out of Texas. During his 11 years as a newspaper journalist, he wrote more than 4,000 published pieces. He’s been recognized for his work since 2001, and his creative writing continues to win acclaim from readers and fellow writers alike. He is also a creative writing teacher and the author of several books, from short fiction to written works about writing. Related Articles Sign up for DS News Daily center_img Data Provider Black Knight to Acquire Top of Mind 2 days ago Atlanta-based mortgage servicing firm Ocwen Financial disclosed that it has agreed to pay $30 million to “in order to avoid the uncertain outcome of two trials” revolving around a pair of lawsuits that accused the company of falsely certifying its compliance with federal mortgage programs.The cases, known as the Fisher Cases because of whistleblower Michael Fisher, revolve around accusations stemming from 2012 that Ocwen lied to the Federal Housing Administration about its compliance with Home Affordable Modification Program, or HAMP, rules, as well as FHA insurance programs.According to Ocwen’s filing with the Securities and Exchange Commission on June 22, those suits sought damages intended to triple the total HAMP and FHA payments made on Ocwen-serviced loans, or roughly $5,500 to $11,000 per alleged false claim. Ocwen’s defense, according to the filing, was an assertion that it had “sound legal and factual defenses” to the allegations.Ocwen, however, announced that it would instead settle by paying $15 million to the Unted States (which made the HAMP and FHA payments on the Ocwen-serviced loans) and another $15 million for “private citizens’ attorneys’ fees costs.” As part of the settlement, the company will not admit to any liability or wrongdoing for the alleged actions.According to the SEC filing, the Department of Justice agreed to seek final approval for the settlement.“We have accrued $30 million with respect to the settlement in principle because we believe this amount is both probable and reasonably estimable based on current information,” Ocwen wrote in its SEC filing, adding, “There can be no assurance that the settlement in principle will be finalized and approved by the United States and the Court.”In the event the settlement in principle is not ultimately finalized and approved by the Department of Justice, the Fisher Cases would continue and “we would vigorously defend the allegations made against Ocwen,” the company wrote.Ocwen spokesperson John Lovallo issued the following statement: “We are pleased to have reached an agreement in principle to resolve these two cases. Even though we have solid legal and factual defenses, we decided to settle to avoid prolonged and distracting litigation and the associated legal costs. Ocwen believes the proposed settlement is in the best interests of the company, its borrowers, employees and shareholders. We look forward to returning our full focus to what we do best—helping homeowners stay in their homes.” Tagged with: FHA HAMP Mortgage Servicers Ocwen Settlements Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Previous: How Will Brexit Affect American Markets? Next: New York Takes Aim at Zombie Properties Subscribe Servicers Navigate the Post-Pandemic World 2 days ago June 24, 2016 1,856 Views The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Home / Daily Dose / Ocwen Reaches Settlement In HAMP, FHA Suits The Week Ahead: Nearing the Forbearance Exit 2 days agolast_img read more

Read More

Supreme Court Issues Notice In PIL Seeking Removal Of Anomalies To Ensure Uniform Adoption And Guardianship Guidelines

first_imgTop StoriesSupreme Court Issues Notice In PIL Seeking Removal Of Anomalies To Ensure Uniform Adoption And Guardianship Guidelines Srishti Ojha29 Jan 2021 6:05 AMShare This – xSupreme Court has on Friday issued notice in a plea filed by Advocate and BJP Leader Ashwini Kumar Upadhyay seeking uniform grounds of adoption and guardianship for all citizens throughout the Country. A three-Judge Bench of CJI SA Bobde, Justice AS Bopanna and Justice Ramasubramanian issued the direction while hearing a public interest plea filed seeking directions to the Centre to…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSupreme Court has on Friday issued notice in a plea filed by Advocate and BJP Leader Ashwini Kumar Upadhyay seeking uniform grounds of adoption and guardianship for all citizens throughout the Country. A three-Judge Bench of CJI SA Bobde, Justice AS Bopanna and Justice Ramasubramanian issued the direction while hearing a public interest plea filed seeking directions to the Centre to remove anomalies in the grounds of ‘adoption and guardianship’ and make them uniform for all citizens without any discrimination The plea stated that no discrimination should be done on the grounds of religion, race, cast, sex or place of birth in cases of adoption and guardianship, in the spirit of Articles 14, 15, 21, 44 of the Indian Constitution and several international conventions. According to the petitioner, the top Court being the custodian of the Constitutional and protector of the fundamental rights, should declare that the discriminatory grounds of ‘adoption and guardianship’ are violative of Articles 14, 15, 21 of the Constitution. The plea also urged the Court to issue directions to the Law Commission of India to prepare report on Uniform Grounds of Adoption & Guardianship in spirit of Articles 14, 15, 21, 44 within 3 months, while considering the international conventions and the best practices of laws of adoption & guardianship. Upadhyay, in his plea has stated that even though India is a sovereign, socialist secular, democratic republic and the Constitution has well-expressed provisions ensuring the citizens Equality, Liberty and Justice, the State has failed to provide uniform grounds of adoption and guardianship for all citizens. In consideration of the fact that adoption and guardianship are crucial elements in a person’s life, complex and cumbersome procedures of adoption and guardianship which are neither gender nor religion neutral cause great injury to the public. “Custody, guardianship, adoption, maintenance, minimum marriage age, grounds of divorce, succession and inheritance, are the secular activities. Hence it is duty of the State to ensure that every citizen including third gender have uniform adoption & guardianship right, uniform minimum age of marriage, uniform grounds of divorce, uniform maintenance & alimony, uniform succession & inheritance in spirit of Articles 14, 15, 21, 44 & International Conventions. ” – the plea states. The plea while challenging the blatant ongoing discrimination in adoption and guardianship rights, also stated that uniformity is essential to secure fraternity, equality and dignity of a child and the State has failed to take steps in this regard till date. According to the petitioner, the current practice of adoption is discriminatory as while Hindus have a codified law of adoption, Muslims, Christians, and Parsis don’t . While an Adopted child has right to inherit property under the Hindu law and become a legal heir, the same is not true for an adopted child under the Muslim, Christian and Parsi law. Through his plea, Upadhyay submitted that the Personal laws governing marriage and secular activities like maintenance guardianship, adoption, succession & inheritance, go against the spirit of Articles of the Constitution. Adoption-Guardianship are crucial and pivotal as they are directly related to and affect the mental health and psychological well being of the children. Therefore, Uniform Adoption & Guardianship laws will strengthen the constitutional spirit which is regarded as heart and soul of the Constitution. Click Here To Download Petition[Read Petition]Click Here To Download Order[Read Order]Next Storylast_img read more

Read More

Gender gap exists for new graduates

first_img Previous Article Next Article The gender pay gap for graduates is 15 per cent by the time e women are 24and increases steadily until it passes 43 per cent when they reach 50. The research figures were revealed at the Equal Opportunities Commission’sconference on equal pay where its chairwoman, Julie Mellor, announced that theorganisation is joining forces with the NUS to tell students about the pay gapand to encourage them to ask employers what they are doing about equal pay. Mellor said: “If employers want to recruit the brightest and the bestin future, they are going to have to be able to prove that they provide equalpay. “If an employer cannot show they take equal pay seriously, studentsmight well ask themselves how much they value their staff.” Carl Gilleard, chief executive of the Association of Graduate Recruiters,said it was in employers’ interests to ensure they demonstrate a commitment toequal pay. “Our members want to recruit the cream of UK students – to do that theyneed to answer questions on a range of issues, including equal pay,” hesaid. www.eoc.org.uk Gender gap exists for new graduatesOn 19 Mar 2002 in Personnel Today Comments are closed. Related posts:No related photos.last_img read more

Read More

Commission chairman resigns after guilty plea

first_imgTheGovernment aims to head off criticisms of a two-tier workforce in the NHS byputting staff on long-term secondment. But this could create more problems thanit solves, argues Jim Young Itseems that nothing can dampen the Government’s enthusiasm for private sectorinvestment in public services. In a recent speech reaffirming New Labour’scommitment to the Private Finance Initiative, deputy prime minister JohnPrescott said it remained “central to the modernisation of public services”.He added that private investment in public sector projects had increased from£3.5bn in 1997 to more than £14bn today.Yetthere is continuing unease about the effects on the workforce of Public PrivatePartnerships. The public sector unions have been vociferous in their insistencethat this flagship government policy will do irreparable damage to the qualityof public services.BeforeJune 2001, it was accepted practice that the TUPE Regulations applied where aservice function was contracted out to the private sector as part of a PPPproject. This was confirmed by the Cabinet Office Statement of Practice, StaffTransfers in the Public Sector issued in January 2000.However,in June 2001, the Government announced a new proposal, which provided thatfacilities management employees would not transfer to the private sector. Theywould remain employed by the public sector and be seconded to the privatesector for the duration of the project. This is called the Retention ofEmployment Model (REM).Thechange came as a result of pressure on the Government from trades unions,Unison in particular. Unison believes staff transfers from the NHS”threaten the terms and conditions of staff and risk damaging morale andthe quality of service in the Health Service” and that they are creating atwo-tier health service workforce.Asa result, four NHS Private Finance Initiative projects are piloting REM atWalsgrave, Stoke Mandeville, Queen Mary’s Roehampton and Havering.REM– how does it work?Thenew policy, formalised by the Government last November, works as follows: –Under REM, the private sector remains responsible for the provision offacilities management services –Blue-collar staff in cleaning, catering, laundry, portering and security (ifthis includes portering) remain with the NHS but are seconded to the privatesector –Supervisors and above in these sectors and staff in other occupations, such asIT, transfer as normal under TUPE–If employees are promoted to supervisor level, they become employed by theprivate sector–The private sector managers will have a limited role in disciplinary proceduresfor seconded employees. For example, they will be able to issue a verbalwarning, but not a final written warning. Only the NHS has the power to dismiss–The NHS, private sector and unions will discuss output specification andstaffing levels. Any changes to working practices will be negotiated underlocal procedures–NHS staff remain on existing terms and conditions. Changes are bargained andagreed by the NHS–The private sector will participate in recruitment of new staff–The private sector will administer payroll and in limited circumstances be ableto employ staff as agreed at local level–On second-generation market testing, NHS-retained employees remain retainedThroughunion pressure, this model is now being promoted in other areas of the publicsector, such as schools and even in some private sector deals.Doesit work in practice?Thereare many employee relations and legal questions which remain to be answered.Critics of REM argue that it breaks up teams and inhibits promotion prospectsby creating a split between operatives and supervisors. It could also severelyrestrict employers’ ability to introduce innovation, multiskilling and otherefficiency measures. Norman Rose, director general of the Business ServicesAssociation which represents some of the private sector players in the PFIarena, has called it a “political fix to buy off trade union opposition”.Quiteapart from these concerns, does REM work as a device to avoid TUPE? Couldemployees who are seconded for 25 years argue that they are in fact employed bythe private sector under the ‘control test’? Does REM eliminate the two-tiersystem? Does it offer value for money? Is it workable? Many of these questionswill only become clear once the first pilot schemes are implemented. It isanticipated that the first pilot scheme (Havering) will come on line in June2005. However, some of them can be discussed now.TUPETUPEprovides that where there is a transfer of undertakings (for example,contracting out of a service) the employees providing the service automaticallytransfer to the new service provider. The REM Model seeks to overcome theprinciple of automatic transfer by retaining the staff. The rationale is thatRegulation 5(1) provides that only contracts of employment “which wouldotherwise have been terminated by the transfer”, transfer. Thus Regulation5(1) allows the NHS to keep the staff as long as it does not intend to dismissthem. However, this provision is not contained in the Acquired Rights Directiveand case law on the interpretation of Regulation 5 (1) is fairly inconclusive.Therefore it may not be prudent to rely on this.Thealternative is to accept that TUPE applies, but allow staff to exercise theirright to object to the transfer. This has the effect of terminating thecontract of employment and means that the staff do not transfer. The staff canthen be immediately re-employed by the NHS and their continuity of servicemaintained.IfTUPE is found to apply then the risk is that contrary to the model, the privatesector inherits all employee liabilities. The private sector will want to beindemnified against this risk but it is not clear that the NHS will agree tosuch demands. It may be that the likelihood of claims is low as the employeeswill be content to remain NHS employed – even so, it cannot be ignored.Theapproach currently being adopted by bidders for the pilot projects is to insistthat all retained employees object to the transfer and that the NHS re-employsthem.Secondeeor employee?Oneof the tests applied by employment lawyers when determining who is the legalemployer of a worker is the control test. If a person has control over a workerin respect of the way in which work is carried out, when it should be carriedout and what work is carried out then they may be found to be the legalemployer of that person. Somesuggest that an NHS employee who is seconded to work for the private sector forthe period of the project may become an employee of the private sector as aresult of the control test. However, this is only one of the tests applied, andrecent agency cases (such as Esso Petroleum v Jarvis, EAT 18 January 2002 – seeCase Round-up, May 2002) suggest that what the terms of the agreement say ismore significant. Furthermore,it seems the private sector will only have limited control over the retainedemployees, particularly in relation to disciplinary procedures. If the retainedemployees are clearly employed by the NHS under their contracts of employment,it will be difficult to argue otherwise. In any case, the risk of employeesbringing claims is likely to be low.Two-tiersystemItseems that REM replaces one two-tier health service with another. Privatesector staff may be provided with bonuses, share options and other incentiveschemes not open to public sector employees and may have their terms andconditions changed over time. New staff may be employed on different terms andconditions from those of transferring staff such as supervisors and from theretained staff. Tomake matters worse, transferring supervisors will be managing employees who areretained by the NHS and the danger is that the split in terms and conditionswill be even more marked. If this creates unrest and a breakdown in staffrelationships, it will not produce value for money.Someconclude that the only way to overcome this problem and to avoid equal payclaims is for all employees to be employed on terms equivalent to the NHSWhitley terms and for all employees to participate in broadly comparablepension schemes.Theway forwardThereare differing views on whether REM will become the norm in PFI. Someconsider  the Government is likely toapply REM to all future NHS projects. However, Norman Rose of the BSA believesthat the practical difficulties of implementing REM mean it will not extendbeyond the pilots. After all, as the employees would remain within the publicsector, then all risks in relation to employment would remain with the publicsector. Thesewould include employment tribunal claims, redundancy, losses arising from anyunion dispute, public liability claims, and employer’s liability claims.Willthe public authorities really want to retain these liabilities when one of thecore elements of setting up a PPP is the transfer of risk?TheEuropean Court viewMeanwhile,arguments about alleged inequality and treatment of transferring staff have nowreached the European Court of Justice. The Advocate-General’s opinion in arecent case referred from the Court of Appeal to the ECJ could haveimplications for the Government’s proposals on contracting out. Lawrence vRegent Office Care [Opinion of the Advocate-General, 14 March 2002 – see CaseRound-up, April 2002] involved a group of dinner ladies and cleanerstransferred from the local authority to a private contractor. Thequestion was whether female employees could bring a claim for equal pay broughtagainst their present employers using male workers who worked for theirprevious employer as comparators. The workers believed there had been atransfer of an undertaking and the work was of equal value to the jobs of theirchosen comparator. TheA-G was of the opinion that for there to be discrimination under Article 141 ofthe EC Treaty (equal pay for men and women), the regulation of terms andconditions on employment must be traceable to one source. If differences in payarise between undertakings or establishments in which the respective employersare separately responsible for the terms and conditions of employment, theycannot possibly be held individually accountable for any differences in theterms and conditions between those undertakings. Thus he would reject theclaim. The ECJ is now expected to rule on this case within the next few months– it usually follows the A-G’s decision. Thisdecision will have to be considered in the Government’s proposals for thefuture of contracting out of services and achieving equality in employment.Sowhether the REM model solves a problem or just creates the same one under adifferent guise is open to debate. One thing is for sure: the debate is by nomeans over. JimYoung is national head of employment at McGrigor Donald Scotland, member ofKLegal InternationalFindout more…–on the Government’s policy on staff transfers in PPPs www.cabinet-office.gov.uk/civilservice/2000/tupe–on the Business Services Association’s policies www.bsa-org.com Previous Article Next Article Comments are closed. Commission chairman resigns after guilty pleaOn 1 Jul 2002 in Personnel Today Related posts:No related photos.last_img read more

Read More

Estimating the location of the open-closed magnetic field line boundary from auroral images

first_imgThe open-closed magnetic field line boundary (OCB) delimits the region of open magnetic flux forming the polar cap in the Earth’s ionosphere. We present a reliable, automated method for determining the location of the poleward auroral luminosity boundary (PALB) from far ultraviolet (FUV) images of the aurora, which we use as a proxy for the OCB. This technique models latitudinal profiles of auroral luminosity as both a single and double Gaussian function with a quadratic background to produce estimates of the PALB without prior knowledge of the level of auroral activityor of the presence of bifurcation in the auroral oval. Wehave applied this technique to FUV images recorded by theIMAGE satellite from May 2000 until August 2002 to producea database of over a million PALB location estimates,which is freely available to download. From this database,we assess and illustrate the accuracy and reliability of this technique during varying geomagnetic conditions. We find that up to 35% of our PALB estimates are made from double Gaussian fits to latitudinal intensity profiles, in preference to single Gaussian fits, in nightside magnetic local time (MLT) sectors. The accuracy of our PALBs as a proxy for the location of the OCB is evaluated by comparison with particle precipitation boundary (PPB) proxies from the DMSP satellites. We demonstrate the value of this technique in estimating the total rate of magnetic reconnection from the time variation of the polar cap area calculated from our OCB estimates.last_img read more

Read More