Marina Gana Vida Essay

Issue: What could Jonah Nobleza do to adjust the business and creation of MGV? Destinations: To have the option to locate an elective method to scale-up the creation without giving up the mission of MGV. To demonstrate to the financial specialists that MGV is an effective social venture with feasible monetary. To have the option to detect the most ideal arrangement adjusting work versus creation. Zones OF CONSIDERATION: Qualities The staffs of MGV are for the most part expertly prepared. Giving wellbeing items to customers Advancing ecologically well disposed fishing rehearses Very much created offices Gives solid fish cultivating Ladies are talented in fish preparing Openings Giving business chances to Muslim ladies in Davao people group Having increasingly steadfast clients Receive innovation Shortcoming Constrained limit of creation Absence of financial specialists Not utilizing synthetic pesticides that diminishes the amount of fish Dangers Rivalry of other fishing enterprises Normal or man-made cataclysms Elective COURSES OF ACTION: Adhere to their objectives to recruit more specialists by including another preparing plant Consolidation machine work and difficult work underway procedure Supplant the difficult work into robotized work process while the laborers will fill in as circuitous representatives. Proposal: The best elective strategy is the subsequent arrangement, which is converging of manual and robotized work process which is underway there will be a machine to help affix their creation for better work process and to keep up the business, there ought to likewise be a manual procedure for the laborers to help control and screen the machines. End: We in this way reason our suggestion can enable the organization to build their creation without destroying laborers taking into account the way that they can likewise help in checking the hardware to accelerate creation and we can allot them in controlling the machines. Including more machines likewise implies recruiting more laborers and because of having quicker creation. As they will likely give work to numerous helpless family they had the option to keep up their social endeavor.

Austrian School Cost Essay

Our practices and choices in our day by day lives are influenced by financial aspects. When deciding, we will utilize financial hypotheses either deliberately or subliminal to choose if we will settle on or dismiss that choice. The equivalent can likewise be utilized to clarify our activities and practices when settling on a financial choice to buy a house. This paper will assess how financial aspects influence one’s choice to buy another house. To start with, the choice to buy another house is viewed as a huge and significant choice by many. This is on the grounds that the costs of houses are generally exceptionally high, and along these lines buying another house will significantly drain the reserve funds of a person. The interest of houses is exceptionally value versatile. Financial hypotheses express that the bigger the extent of pay a specific buy requires, the more value flexible the interest will be. On account of the acquisition of another house, it will require the spending of a huge extent of a normal person’s pay, subsequently this will incredibly bring down the buying intensity of the person when the choice is made to buy the house. Moreover, purchasing another house will expect individuals to move from a recognizable situation to a less natural condition and this can be a groundbreaking encounter which might be alarming to a few. Thus, these are generally factors which make the acquisition of another house a troublesome choice to make. There are different standards of financial matters that can be applied to a choice to buy another house. Initial, one of the standards will be that of exchange offs which individuals need to confront. Each choice includes some major disadvantages. For this situation, the choice to buy another house will drain individuals of a huge extent of their reserve funds. The tradeoffs which they face will be choices which they get the chance to appreciate with a similar measure of cash. For instance, a similar measure of cash spent on another house can be utilized on sending a kid to college, going on an extended vacation or buying another vehicle. I need to recall despite the fact that the APR’s might be low and I have my initial installment or regardless of whether I am utilizing HUD as a first time purchaser to dispense with shutting cost or no expenses at all there may at present be one relying upon my circumstance. Buying another house is a major advance the budgetary piece of if as well as the zone I picked and the economy now and time. I should think ahead to how the economy will be presently and later, just as the lodging zone I picked. Will the area be a decent decision for my children, and will my home be a shrewd interest as far as proficiency and value? I have to decide whether a downturn will put my choice in buying a home an inappropriate chance to purchase. A downturn could cause employment lose and no salary to pay my home loan or in any event, putting me in default to apply for a new line of credit on my home. Taking a credit on my home to make a decent living would make me pay twofold for my home and never really own it. Tradeoffs are significant when buying another home since you must be eager to surrender different things to get where u need to be, additional costs are not a smart thought when buying another home.

BUS503 - Org. Change and Transformation Mod 5 Case Assignment Essay

BUS503 - Org. Change and Transformation Mod 5 Case Assignment - Essay Example Bahe (2005) discloses to us that the normal representative reacts to each adjustment in the accompanying manner, doubt and refusal, outrage and fault, hesitant acknowledgment, and the last stage. In every one of these stages the workers are extremely poor and should be kept educated. Shockingly today, change happens so quick that the worker regularly just has the opportunity to traverse this procedure and afterward start again making change a tedious procedure for chiefs too (Sherman, 2009). The potential wellsprings of opposition from the auxiliary perspective are many. Bahe (2005), reveals to us that there are six wellsprings of obstruction that are run of the mill of most associations. Those are distinguished as basic idleness, constrained focal point of progress, bunch latency, saw danger to mastery, and danger to set up asset designations. Basic dormancy is the procedure of really maintaining the business, approaches and methodology and so on. The thought is to stay with the pushing ahead so the inquiry is, is there a danger to that? The focal point of progress, we have all observed. This happens when no everybody rolls out the improvement. For instance, one office chooses to go on and do it the manner in which they generally have despite the fact that the remainder of the divisions have changed. It may even take a short time to find. At the point when bunch dormancy occurs, there is generally a specific gathering that endeavors to stop the change, for example, an association. There is obviously the apparent danger to ability. In the event that we roll out this improvement will my insight not be significant any more, will a robot carry out my responsibility? Force connections are what administration is about. It tends to be acceptable force or terrible force however everybody needs certain measure of capacity to take care of business. It isn't unordinary for a pioneer to have invested some energy developing various types of intensity in his position. On the off chance that that is conceivably going to be influenced there is, at that point gigantic opposition and a great deal of that will originate from supervisors.

E-Marketing Mix on the Tourists

Question: Examine about the E-Marketing Mix on the Tourists? Answer: Presentation Roy Thomson set up Thomson make a trip with an end goal to differentiate its current business in 1965. From the earliest starting point, Thomson Holiday has claimed the sanction carrier - Britannia that permitted them to guarantee flexibly of trips for its days off. Thomson Travels obtained the movement office Lunn Poly in1972 that permitted it to guarantee its items are found at each high road of UK (Thomson Holidays 2016). Thomson Holidays is based at UK and is the auxiliary of TUI gathering. Thomson Travel Group was possessed by the Thomson Corporation of Canada however was skimmed on the London Stock Exchange in 1998. In 2000 Thomson Holiday Group was obtained by Preussag AG. In 2002 Pressuag AG was renamed TUI AG (Thomson Holidays 2016). The organization oversees more than 18,000 workers to serve its clients viably (Thomson Holidays 2016). The working benefit of the organization is 612million. The complete income of the organization is 14.6. Situational Analysis Clients Thomas Holiday Group works under the umbrella brand of TUI, which carters to a scope of clients in the UK advertise. Holidaymaking is probably the most compelling motivation for individuals in UK to travel abroad. The Thomson Holiday Group sells bundled occasion administrations to a scope of clients, for example, adolescents, youthful couples, families, and more seasoned individuals in various goals around the globe (Thomson Holidays 2016). Any person who needs to go on a vacation is the potential client for the organization. Generally, the socioeconomics of clients included families with kids and more established individuals; yet the ongoing patterns of the business show that an enormous number of clients are single voyagers and young people. The movement and occasion advertise is changing because of the changing socioeconomics and inclinations of the clients. The clients are getting all the more requesting; they no longer lean toward the normal occasions. The emphasis is on the getting an interesting encounter which includes a specific movement. Clients are looking for estimation of their cash where they can get more altered and individual encounters. Qualities The estimations of the organization are implanted in the way of thinking of giving an all encompassing encounter to the clients; by how the organization capacities as a business and the manner in which it carries on as a people (Hollensen 2015). Thomson Holiday has consistently strived to fulfill the need of clients from each fragment at a reasonable rate. Consumer loyalty drives the organization vision and mission. Clients structure the middle for any choice of the organization and giving one of a kind encounters to the clients is the center of associations esteems. Full scale condition The ecological investigation of an organization comprises of full scale condition examination, microenvironment examination and interior condition examination. With the assistance of PESTLE examination, the large scale condition of an association can be estimated. As indicated by Alon et al. (2013), political components moderaty affect the development and execution of the travel industry. As of late fear based oppressor assaults like Paris assault adversy affect the worldwide the travel industry business. At present, the downturn has affected the matter of Thomson Holiday in UK. It has crippled the degree of fixed resource of the association. The change of fuel costs, cash variance, and the swapping scale has expanded the showcasing danger of the travel industry. Likewise, the development of ease aircrafts has developed the financial danger of the travel industry part (Veseli et al. 2012). By and by the travelers of UK are getting extremely cognizant about their wellbeing and securit y. Thus, Thomson Holiday needs to upgrade its emphasis on improving security in their Hotels. Thomson Holiday has built up its site, where vacationers can book their rooms ahead of time (Taylor 2012). There are different acts like wellbeing and security guidelines, work act and natural assurance act adversy affect the travel industry business. For PESTLE examination allude to reference section 1. Small scale condition The danger of new contestants in the travel industry advertise is medium. At the point when another inn needs to enter the market, it needs to put high in the market. Dealing intensity of clients in the travel industry showcase is considered as high. As Evans (2012) referenced that the changing needs of vacationers substantially affect the travel industry. Bartering intensity of providers of Thomson Holiday is considered as low. Thomson Holiday utilizes the method named as in reverse coordination. It implies that Thomson Holiday has their own providers (Sotiriadis et al. 2014). The danger of replacement is viewed as high in the travel industry. By and by, the need of administration separation is expanding in the worldwide the travel industry (Schawel and Billing 2012). The danger of serious competition is viewed as vehicle for Thomson Holiday inn. This inn is viewed as the market chiefs of UK the travel industry (Veseli et al. 2012). There are numerous other adversary inn networks li ke Britannia Hotel, Premier Inn; Travelodge UK is fit for giving a tight rivalry to Thomson Holiday. For watchmen five power investigations allude to reference section 2. Inside Mckinsey 7S investigation System: (High) The Thomson Holiday has followed the technique of cost administration. Structure: (high) The Company utilizes coordinated and cross stage data innovation to offer better types of assistance to the clients. Frameworks: (high) System utilized by the staffs to play out their activity is effective and objective arranged. It gives customers various choices to look over and conveys answers for questions in effective way (Alshaher 2013). Mutual Values: (high) The client frames the focal point if business esteems. The organization puts stock in advancement, intensity and objective arranged technique to furnish clients with esteem included and one of a kind occasion understanding (FitzRoy et al. 2012). Staff: (low) The Company doesn't focus especially on the preparation and improvement of staffs as they are the people who have direct contact with the clients. Abilities: (low) Average aptitudes of representatives of the association are low. The representatives of the Thomson occasion are equipped as offers a solid help to the organization in accomplishing its targets (Evans 2015). Style: (High) Style alludes to the conduct of key people in the association. The administration style of the Thomson Holiday is to become showcase pioneer by exceeding expectations in client support conveyance process. For Mckinsey 7S examination, allude to reference section 3. SWOT investigation SWOT investigation has been done on the organization to examine the quality and shortcoming of Thomson. Thomson is an efficient and profoundly perceived brand. It has an unrivaled supervisory crew, who are a lot of equipped for doing their activities adequately. The significant defect of the inn is that it is profoundly reliant on innovation. Consequently, on the off chance that there is any issue happens in the innovation, at that point it can intrude in general business action. The inn business needs to build their emphasis on eco-the travel industry. They need to grow new the travel industry related items and administrations, for example, overnight boardinghouse inns (Prud'homme and Raymond 2016). The significant danger to the travel industry is the downturn (Sotiriadis et al. 2014). The monetary vacillation of UK advertise highly affects the solidness of the organization. For SWOT investigation allude to index 4. Key issues and difficulties From the informative supplement 1,2,3,4 the significant difficulties of the organization have been found. The travel industry is confronting downturn. It likewise has sway available of Thomson Holiday. The inn is that it is exceptionally subject to innovation. Henceforth, in the event that there is any deficiency happens in the innovation, at that point it can interfere with the entire business movement. Expanding worry of vacationers about psychological warfare is another significant issue of lodging industry. Structure of the market The market of movement and occasion industry in UK is in the condition of immaculate rivalry. There are various purchasers and venders. The movement and occasion advertise has gotten forcefully serious. The significant contenders of Thomson Holidays are the Thomas Cook, Virgin Holidays, First Choice and Expedia. The piece of the pie of Thomas Cook is 31%, First decision is 7%, Expedia is 9% and Virgin Holidays is 13% (Alshaher 2013). Goals (SMART) Contingent upon the data accumulated from the SWOT investigation, there are some particular goals set for the Thomson Holiday. They are set with the assistance of SMART model. Expanding wellbeing measures Increment the organization piece of the overall industry by 5% toward the finish of 2016 because of the chance of growing our vacation bundle to Africa. Expanding limited time movement To improve gainfulness by 10% inside 1 year. To build income by 20% inside 2 years. To increment ecological manageability by lessening contamination by 20% inside a half year. Explicit The organization needs to improve its safety efforts for their workers and clients. They need to execute surveillance cameras at each fundamental zone like yards, lifts. They likewise need to present unique finger impression filtering framework. They additionally need to build their business sectors share in different nations like Africa. It requires expanding their limited time exercises also. Quantifiable It very well may be estimated from the client criticism. With the expansion of safety efforts, client's grievance will diminish consequently. Attainable The organization can accomplish this goal by putting resources into the cutting edge innovations like GPS, following framework, unique mark locking, CCTV cameras. Limited time methods like online life promoting can be utilized. Reasonable With the expansion of fear monger assaults, voyagers are directly exceptionally worried about their security. So as to expand piece of the overall industry the organization needs to look outside Europe. Consequently, this targets are practical Timescale Every one of these goals can be accomplished inside the time span of a half year to 1 year. Table 1: SMART goal for the association (Source: Created by creator)

History of Germany Essay Example | Topics and Well Written Essays - 1500 words

History of Germany - Essay Example Albeit ostensibly a class of equivalents, by and by the realm was commanded by the biggest and most remarkable state, Prussia. The time of Bismarck was viewed as a brilliant period under whom, Germany rose to get one among the best powers of the world. The royal crown was innate in the House of Hohenzollern, the rulers of Prussia. The last lord in the Prussian period was William II. William turned out to be globally known for his forceful international strategy positions and vital bungles which drove the German Empire into political segregation and later into World War I. Under William II, Germany not, at this point had long-administering solid chancellors like Bismarck. William II needed Germany to have its place in the sun like the British Empire and set Germany to start provincial endeavors in Africa and the Pacific. With much region in Africa colonized, Germans got just a little offer. This made a battle for power, which in the long run activated World War I. Ruler William II abandoned the honored position and afterward Government got a peace negotiation on November 11, 1918 which denoted the finish of World War I. It additionally marked the Humiliating Versailles settlement. The government was prevailing by the majority rule, yet imperfect, Weimar Republic. It was bound from the earliest starting point since even conservatives hated it and fanatics on both the left and right abhorred it. It in the end brought Nazis drove by Adolph Hitler to control. Nazism or National Socialism alludes basically to the belief system and practices of the Nazi Party under Adolph Hitler; and the arrangements embraced by the legislature of Nazi Germany from 1933 to 1945. It set up a sort of dominion on Germany and scorned Jews and socialists. It controlled Germany during the pre-war period and Hitler turned into The Fhrer. He began World War II refering to the mortification of Germany in World War II. Germany was vanquished by partnered powers in the War. Following Germany's thrashing in World War II and the start of the Cold War, Germany was part, speaking to the focal point of the two worldwide coalitions in the east and west. Global designs for the unification of Germany were made during the early years following the foundation of the two states, yet without much of any result. Throughout the late spring of 1989, fast changes occurred in East Germany, which at last prompted German reunification. Just in 1990 would Germany be brought together. Towards century's end, Germany turned into the focal point of fascination in European Union. It is one of the most industrialized and created countries of the world. (The Causes of World War One (2004)) German Education: The German Empire affected German culture, including its training. Realm of Prussia was among the principal nations on the planet (if not the first by any means) to present free and by and large necessary essential instruction, comprising of an eight-year course of essential training, Volksschule. Under the German Empire the educational system turned out to be progressively unified. Increasingly auxiliary schools were built up, and the state reserved the privilege to set guidelines and to manage the recently settled schools. Four unique kinds of optional schools created: A nine-year traditional Gymnasium (concentrating on Latin and Greek or Hebrew, in addition to one present day language), a nine-year Realgymnasium

How Self-Esteem Affects Social Anxiety Disorder

How Self-Esteem Affects Social Anxiety Disorder Social Anxiety Disorder Symptoms Print How Self-Esteem Affects Social Anxiety Disorder By Arlin Cuncic Arlin Cuncic, MA, is the author of Therapy in Focus: What to Expect from CBT for Social Anxiety Disorder and 7 Weeks to Reduce Anxiety. Learn about our editorial policy Arlin Cuncic Reviewed by Reviewed by Amy Morin, LCSW on November 29, 2019 facebook twitter instagram Amy Morin, LCSW, is a psychotherapist, author of the bestselling book 13 Things Mentally Strong People Dont Do, and a highly sought-after speaker. Learn about our Wellness Board Amy Morin, LCSW Updated on February 23, 2020 Social Anxiety Disorder Overview Symptoms & Diagnosis Causes Treatment Living With In Children Pixabay/avi_acl Self-esteem is known to play a role in social anxiety disorder (SAD) and general anxiety disorder (GAD). While lowered self-esteem may put you at risk of later social anxiety, having an anxiety disorder can also make you feel worse about yourself. In this way, these two afflictions interact to continue a negative cycle. If you wish to overcome your social anxiety, start by taking a good hard look at how you view yourself. Low self-esteem can create anxiety and loneliness, which only reinforces your negative self-image. Core Beliefs and Self-Esteem If you live with SAD, you likely have core beliefs about yourself such as I cannot control my anxiety around people, and I do not have adequate skills to cope with social and performance situations. As you can see, these core beliefs help to maintain your anxiety and may be rooted in low self-esteem. While most people have transient feelings of making mistakes, they usually bounce back. On the other hand, if you have low self-esteem, how you feel in a particular situation may determine how you feel about yourself overall.?? Your beliefs about yourself are dependent on the momentâ€"so any misstep can send you spiraling into negativity. In contrast, people with healthy self-esteem are able to accurately assess themselves, their strengths, and their weaknesses, and still believe that they are worthwhile people. Origins of Low Self-Esteem If you have low self-esteem, you might wonder how it developed. Or, perhaps you have a good idea when you started to feel this way. Experiences that can lead to lowered self-esteem include the following events during childhood and later life: Criticism from parentsPhysical, emotional, or sexual abuseNeglect or being ignoredBullying or teasingRidicule by peersUnrealistic expectations or impossibly high standards of others On the other hand, people who grow up being heard, respected, loved, celebrated, and accepted are less likely to develop a poor self-image. Of course, many people with challenging upbringings can have good self-esteem, and even those with loving parents and good experiences with peers may develop self-esteem problems. This emphasizes that low self-esteem is not something you have to live with. Your Inner Voice What does your inner voice say to you? This is one way to evaluate your self-esteem. If that voice in your head is accepting and reassuring, then your self-esteem is likely healthy. On the other hand, if you say things to yourself that are harshly critical or belittling, then you may suffer from low self-esteem. Research shows that patients with social anxiety disorder are more likely to be highly self-critical.?? People who were highly socially anxious were less likely to associate positive words with themselves than were people who were not socially anxious. Studies have also  shown that self-esteem is lower among those with social phobia compared to those without the disorder. Even more importantly, a 2011 study published in  Behavioral and Cognitive Psychotherapy  showed that people with social anxiety have negative social self-esteem and actually seek out and prefer negative social feedback through a process called self-verification.?? For some people with SAD, those negative voices in your head telling you that you are no good in social and performance situations  are actually a self-fulfilling prophecy. The more you think them, the more you seek out confirmation in the world around you that they are true. In other words, you stop looking for evidence that conflicts with your beliefs about yourself. You stop looking to discount that voice in your head that tells you that you are not good enough. Instead, you feed that voice what it wants to hear, and it continues to grow stronger. To silence the voice, you need to first acknowledge that it is there. How to Reduce Negative Self-Talk for a Better Life Cycle of Low Self-Esteem If you live with social anxiety disorder, you likely have unrealistic social standards and trouble choosing goals that are attainable.?? For example, you may believe that everyone must like you and that you must never say or do the wrong thing. In social and performance situations that you find challenging, you are likely to shift your attention inward toward your anxiety, view yourself negatively, and overestimate the negative consequences of making mistakes. You probably then fall back on strategies that you feel have worked for you in the past, such as avoiding situations or using safety behaviors. Then, when its all over, you probably repeat in your head everything you did wrong, over, and over again. In this way, low self-esteem and social anxiety perpetuate each other in a vicious cycle. While it may feel safer to stay home from that party or avoid a meeting at work, how does it make you feel about yourself as a person? 3 Coping Strategies That Actually Make Social Anxiety Worse Boosting Self-Esteem and Lowering Social Anxiety If you have low self-esteem, its not a life sentence. Even if youve been held back in your life because of your low self-esteem, you can begin to make small changes that will improve your outlook on yourselfâ€"which can only have positive outcomes in terms of your social anxiety. While treatment such as cognitive-behavioral therapy (CBT) is advised to manage symptoms of SAD, and may help your self-esteem as well, you can also do things on your own to help boost your ability to accurately view and accept who you are: Challenge That Inner Voice Get in the habit of listening to what you say to yourself. Then, when you are critical, try to acknowledge what you did right instead of beating yourself up over what you did wrong. Be Compassionate Treat yourself as well as you would treat a close friend or family member. Remember what we already said? If you are  heard, respected, loved, celebrated, and accepted  you are more likely to develop healthy self-esteem. THINK When you speak to yourself, ask yourself is it True, Helpful, Inspiring, Necessary, and Kind (THINK)? If not, find something else to say. Stay in the Present See past your mistakes. One mistake doesnt mean a lifetime of failure. See past transient situations such as a person frowning at you. It may have nothing to do with you. Why not ask instead how you can help or if something is wrong? Dont look too far into the future and expect things to go badly. None of us know or can predict what is going to happen tomorrow, a week from now, or a year from now. Forgive Yourself Most importantly, forgive yourself for anything thats been holding you back. This is your chance to wipe the slate clean. Know that you are human and will not do everything perfectly. Accept bad emotions as they come, but dont let them sweep you away in their current. How to Forgive Yourself A Word From Verywell If you find yourself living with low self-esteem and social anxiety that is difficult to overcome on your own, consider reaching out to a friend, family member, doctor, or other person in the community to explain how youve been feeling. Sometimes feelings of low self-esteem and anxiety are so severe that they require professional help, in the form of therapy and/or medication. There is no shame in reaching out for help. Rather, reaching out for help may allow you to move forward and help others in the same position as you.

Critical Assessment On Justification Defence To Both Direct And Indirect Age Discrimination - Free Essay Example

In view of a justification defence to both direct and indirect discrimination, the law will continue to do little to prevent age discrimination. Critically evaluate this statement as a reflection of the current position of the law in this area. Date authored: 21 st July, 2014. The current law on discrimination is laid down in the Equality Act 2010. Age is one of the protected characteristics within the Act. [1] The term Age refers not only to a persons age, but also to persons in a particular age group.[2] The Equality Act stipulates that direct discrimination occurs where a person treats less favourably another due to the latters protected characteristic. [3] Thus, there must be a comparator to compare with. If one does not exist, the court would create an imaginary comparator. The comparator must be in the same or not in a materially different position from the plaintiff in all aspects with the exception of being a member of the protected class.[4] The comparison exercise must be reasonable. [5] The Tribunal applies an objective test for less favourable treatment.[6] Indirect discrimination can be claimed where there is an ostensibly neutral provision, criterion or practice which indirectly discriminates against the claimant. [7] The indirect discrimination provisions are aimed to tackle disguised age barriers rather than barriers stemming from retirement. Thus, the fact that a n individual cannot obtain a qualification needed for a promotion before retirement does not mean that he has been discriminated against. [8] In contrast to other forms of direct discrimination, direct age discrimination can be justified. Although the motive for discriminating is irrelevant, [9] the employer could raise a defence that the discriminatory acts were proportionate means of achieving a legitimate aim. [10] Legitimate aims and proportionality are distinct issues which must be examined by separately by the Tribunal.[11] Indirect discrimination is justified using the same principle. The Tribunal must strike an objective balance between the discriminatory effect of the provision and the reasonable needs of the business. There must be a need for the provision and it must be reasonably necessary. [12] The peculiarities of age as a protected characteristic should be pointed out. Age discrimination includes a wide range of objective justifications unlike sex discrimi nation where there are very few and race discrimination where there are virtually none. This is logical given the fact that age discrimination is related to many complex issues such as retirement, business needs or working culture. Such peculiarities superficially imply that in most occasions, the employers policies would be justifiable and age discrimination claims should be a response only to the most heinous conduct. Even though direct discrimination claims are becoming a rare phenomenon as most companies have developed solid equal opportunities policies and training, there have been several recent direct age discrimination cases where managers have made discriminatory remarks in view of the employees performance. [13] Furthermore, a 2012 DWP report pointed out that age-related assumptions and stereotypes are still prevalent in the UK. [14] Thus, a careful balancing act between the employers legitimate aims and the severity of the discriminatory measure is prudent. The b ackground of the current legislation should also be considered. The Equality Act 2010 is a consolidating legislation, replacing the provisions of the Employment Equality (Age) Regulations 2006 which implemented the Equal Treatment Directive. In that regard, the objective justification defence is a recognised concept in EU Law. InIncorporated Trustees of the National Council on Aging v Secretary of State for Business, Enterprise and Regulatory Reform (the Hayday case) [15] The European Court of Justice acknowledged that it is acceptable to derogate from the provisions of the Equal Treatment Directive [16] relating to age discrimination in situations where there are legitimate public interest objectives. The means of implementing the objectives must be appropriate to the aim and reasonably necessary for its achievement. [17] The Court has recognised legitimate objectives such as inter-generational fairness and dignity. A policy, criterion or provision which is justified based on staff retention and workforce planning meets the inter-generational fairness objective. Avoiding the necessity to dismiss older workers on the basis of incapacity or underperformance has been directly related to the dignity objective. Avoiding the need for expensive and divisive disputes about capacity and underperformance would also meet said aim. However, it is recognised that direct and indirect age discrimination cannot be identically justified. [18] Age Discrimination and Retirement An example of a discriminatory but justifiable provision is a legislation permitting compulsory retirement on the ground of age. The European Court has held that said legislation was necessary for checking unemployment and encouraging recruitment. [19] A compulsory retirement clause for partners in a law firm has also been justified on the grounds that it allowed associates of the firm the opportunity of partnership after a reasonable period; facilitated the planning of the partnership by having a realistic long term expectations as to when vacancies would arise; and limited the need to expel partners by way of performance management, which contributed to the collegiate environment within the firm. [20] In Harrod v Chief Constable of West Midlands Police the authority applied a compulsory retirement provision within the Police Pensions Regulations 1987 to force a large number of officers to retire. Generally, a discriminatory practice is not justifiable on the basis of cost but may be justified on the basis of efficiency. However, the distinction between the two can sometimes be blurred. Improving efficiency was accepted by the Tribunal as a legitimate aim. However, the measure was disproportionate. The discriminatory practice was applying the Regulation to all officers only because they were within its ambit. There were other less discriminatory alternatives such as voluntary retirements, part-time working and career breaks, which were not considered.[21] In Bloxham v Freshfields Bruckhaus Deringer[22] the Tribunal held that Bloxham had been treated less favourably than partners aged 55 or over as, being only 54, he was subject to a 20 per cent reduction. However, modification of the pension scheme to make it more financially sustainable and fairer to younger partners was held to be a legitimate and necessary aim and the firm had successfully demonstrated that the amendments were a proportionate means of achieving this aim. Access to Employment Another example of a justifiable policy is restricting a job position to applicants over a certain age. [23] This constraint may be reasonable considering the requirements of the job in question. In the same spirit, the Equality Act recognises an exception to some of its provisions [24] relating to promotion and access to employment if the employer can demonstrate that age is an occupational requirement and that said requirement is a proportionate means of a achieving a legitimate aim. [25] This is particularly relevant for professions within the film or sports sectors. Enhanced Redundancy Payments The Equality Act permits employers to consider age as a factor when deciding whether to make an enhanced redundancy payment. [26] Although such practices may be prima facie discriminatory, there have been many cases of recognised justifications. For example, a redundancy scheme whereby payments are raised depending on age and length of service was held to meet legitimate aims.[27] Such aims were: encouraging loyalty, supporting older workers who are more vulnerable in the job market and providing an incentive to older workers to volunteer for redundancy, which would free senior posts for younger employees. In another example, the employer, DWP, justified an enhanced payment for older employees as part of a scheme by presenting evidence which demonstrated that older employees were unemployed for a longer period of time and had more family and financial responsibilities.[28] The aim of the enhanced payment policy was to provide proportionate monetary support until the empl oyee finds other employment or retires. The court recognised that even though the scheme could have been made non-discriminatory at no extra cost by reducing the payments, this did not render the scheme disproportionate. This implies that there is no requirement that it is absolutely necessary to take into account whether there are alternative, less discriminatory measures. It was also recognised that due to the nature of the scheme, the individual circumstances of the claimant could not be taken into account. The caveat is that such subtleties may serve as a carte blanche for employers to discriminate on the grounds of age. Dismissal due to Age Although in both direct and indirect discrimination the Tribunal employs the same test, following Seldon v Clarkson Wright and Jakes [29] the employer must demonstrate a social policy aim not merely a private business aim to justify direct discrimination. Because of the more severe nature of direct discrimination, it is not illogical to argue that more scrutiny should be placed on the legitimacy of the employers objectives and the proportionality of its measures. In OReilly v BBC[30] the plaintiff was successful in her claim for age discrimination. The company dismissed her in order to change the image of the Countryfile program to appeal to a younger audience. The tribunal acknowledged that this was a legitimate aim, but it held that the measure was disproportionate as it was not necessary to replace the plaintiff with younger presenters to achieve the aim. Similarly, in McCririck v Channel 4 Television Corporation [31] the claimant was dismissed in order to change the ima ge of the program. An important distinguishing point in that case was that the defendants conducted a research exercise which identified negative views associated with the claimants image and character. No such research was carried out in OReilly. Moreover, Channel 4 considered the plaintiffs personal qualities, particularly his reputation as holding old-fashioned views, which were indirectly linked with his age. [32] The Tribunal concluded that the defendants have used proportionate means. An interesting point is that in McCririck, the decision to dismiss was justified by evidence and based to a larger extent on the plaintiffs style and to a lesser extent on his age. In contrast, in OReilly, the decision was based primarily on the stereotype that the plaintiff could not appeal to a younger audience because she was older. This serves as an example of a situation where the law should intervene to protect the employee from counterproductive stereotypes which may, in certain situations, by disguised under neutral, ubiquitous policies. In conclusion, the cases examined demonstrate the wide array of justifications within different contexts. Some of the justifications appear to be specific only to age discrimination. Objectives such as dignity may be unnecessarily vague particularly against the background of a company policy or scheme where the employees individuals circumstances are seldom a relevant consideration. Justifications such as avoiding the need for costly and divisive disputes can be controversial in light of the potential harm suffered by the plaintiff. Medical research by Florida State University College of Medicine demonstrated that older people who perceive age discrimination experience lower physical and emotional health than people who perceive sex or race discrimination.[33] In that regard, cases such as OReilly and McCririck represent an illustrative example of the very thin line between a proportionate measure based on evidence and a measure based on stereotype. Word Count: 1774 BIBLIOGRAPHY Books Bell, A; Employment Law (2nd edn; Sweet Maxwell, London 2006) Honeyball, S; Honeyball Bowers Textbook on Employment Law (11th edn; Oxford University Press, Oxford, 2010) Slewyn, N; Selwyns Law of Employment (16th edn; Oxford University Press, Oxford, 2011) Online Resources: The Lawyer, Age Discrimination Time for Revision https://www.thelawyer.com/download.aspx?ac=68830 accessed 20 July 2014 Legal Week Law, More than just a number three key age discrimination lessons from recent cases https://www.legalweeklaw.com/download/-key-age-discrimination-lessons-recent-20289 Legal Week Law accessed 20 July 2014 Richard Lister, Channel 4 dismissed John McCririck because of style, not age [2013] Lewis Silkin https://www.lewissilkin.com/Knowledge/2013/December/Channel-4-dismissed-John-McCririck-because-of-style-not-age.aspx#.U8w07vumXlQ accessed 20 July 2014 Table of Statutes EC Directive 2000/78/EC Employment Equality (Age) Regulations 2006 Equality A ct 2010, c.5, c.13, c. 13(2), c.19, c. 39(1) (a); c.39 (1) (c); c.39 (2) (b); c. 39(2) (c); Schedule 9, paragraph 1; Schedule 9, paragraph 13 Table of Cases Bloxham v Freshfields Bruckhaus Deringer ET 2205086/2006 Clements v Lloyds Banking plc UKEAT/0474/13/JOJ Eweida v British Airways [2010] EWCA Civ 80 Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 Incorporated Trustees of the National Council on Aging v Secretary of State for Business, Enterprise and Regulatory Reform (the Hayday case ) [2009] All ER (EC) 619 James v Eastleigh BC [1990] 2 AC 751 James v Gina Shoes Ltd UKEAT/0384/11/DM Lockwood v Department of Work and Pensions [2013] EWCA Civ 1195 MacCulloch v ICI plc [2008] ICR 1334 McCririck v Channel 4 Television Corporation ET 2200478/2013 OReilly v BBC ET 2200423/2010 Network Rail Infrastructures v Gammie (EAT (Scotland), 6 March 2009) Palacios de la Villa v Cortefiel el Servicios SA [2008] All ER (EC) 249 Seldon v Clarkson Wright Jakes [2012] UKSC 16 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11 Smith v Safeways Stores [1996] IRLR 456 Wolf v Staldt Frankfurt am Main [2010] IRLR 244 [1] S. 5 Equality Act 2010 [2] N Slewyn, Selwyns Law of Employment (16th edn; Oxford University Press, Oxford, 2011) p.141 [3] S.13 Equality Act 2010 [4] Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11 per Lord Scott of Foscote [5] See Eweida v British Airways [2010] EWCA Civ 80 [6] Smith v Safeways Stores [1996] IRLR 456 [7] S.19 Equality Act 2010 [8] Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 [9] James v Eastleigh BC [1990] 2 AC 751 [10] S.13(2) Equality Act 2010 [11] MacCulloch v ICI plc [2008] ICR 1334, EAT [12] Network Rail Infrastructures v Gammie (EAT (Scotland), 6 March 2009) [13] Clements v Lloyds Banking plc UKEAT/0474/13/JOJ; James v Gina Shoes Ltd UKEAT/0384/11/DM [14] The Lawyer, Age Discrimination Time For Revision https://www.thelawyer.com/download.aspx?ac=68830 accessed 2 0 July 2014 [15] [2009] All ER (EC) 619 [16] EC Directive 2000/78/EC [17] Seldon v Clarkson Wright Jakes [2012] UKSC 16 [18] Seldon v Clarkson Wright Jakes [19] Palacios de la Villa v Cortefiel el Servicios SA [2008] All ER (EC) 249 [20] Seldon v Clarkson Wright Jakes [21] Legal Week Law, More than just a number three key age discrimination lessons from recent cases https://www.legalweeklaw.com/download/-key-age-discrimination-lessons-recent-20289 Legal Week Law accessed 20 July 2014 [22] ET 2205086/2006 [23] Wolf v Staldt Frankfurt am Main [2010] IRLR 244, ECJ [24] s.39(1) (a); s.39 (1) (c); s.39 (2) (b) and s.39(2) (c) Equality Act 2010 [25] Equality Act 2010, Sch 9, para 1 [26] Equality Act 2010, Sch 9, para 13 [27] MacCulloch v ICI plc [2008] ICR 1334 [28] Lockwood v Department of Work and Pensions [2013] EWCA Civ 1195 [29] [2012] IRLR 590 [30] ET 2200423/2010 [31] ET 2200478/2013 [32] Richard Lister, Channel 4 dismissed John McCririck because of style, not age [2013] Lewis Silkin https://www.lewissilkin.com/Knowledge/2013/December/Channel-4-dismissed-John-McCririck-because-of-style-not-age.aspx#.U8w07vumXlQ accessed 20 July 2014 [33] The Lawyer, Age Discrimination Time For Revision https://www.thelawyer.com/download.aspx?ac=68830 accessed 20 July 2014