Marketing research Assignment Example | Topics and Well Written Essays - 2000 words

Marketing research - Assignment Example ... This corporate combination has become popular because it enhances competition, limiting of trade barriers and free flow of resources across countries. Acquisition or takeover even enhances the globalization of business also. Takeover or acquisition is a strategic decision taken by the think tanks of the company, for optimizing the growth of the company, enhancing its production and marketing operations. When the acquisition is forced or unwilling in the sense of the term, then it is called take over. Acquisition: Acquisition means taking control of the target firm by another firm. This corporate action is now a part of company strategy. The control is accessed by buying the most of ownership stakes of the targeted company. Acquisition is also called takeover, which is a â€Å"process through which one company takes over the controlling interest of another company. Acquisition includes obtaining supplies or services by contract or purchase order with appropriated or non-appropriated funds, for the use of federal agencies through purchase or lease† (Venture Capital Glossary: Definition of Acquisition 2001). Friendly Acquisition: In some cases, the board of directors approves a buyout offer from an acquiring firm. The stakeholders of the company may vote,  to pass the decision  as well.  The most important matter is whether the buyout will happen at the price offered per share. The acquiring company (The company which offers the buyout) will recommend a premium to the existing market price, but  the amount of this  premium  will be settled on the overall support for the buyout, from the shareholders within the target  company. In friendly acquisition, the managers of both companies hold a meeting in order to take decisions. â€Å"The acquisition of

Long-Term Financial Options Term Paper Example | Topics and Well Written Essays - 4500 words

Long- Financial Options - Term Paper Example A safe investment is one, which offers reasonable protection against the risk of capital loss. Success in minimizing investment risks really depends on you, your temperament, and the approach you decide to adopt towards investment matters. Two other ways to minimize investment risks and ensure greater safety are diversification and liquidity. The principle of diversification is best stated in the oft-quoted maxim: never put all your eggs in one basket. Spread your money over a number of widely different assets; buy real state, shares, debentures, government securities, silver paintings or whatever else you consider to be an attractive investment. Diversify geographical in-law does to concentrate all your investments in one city, state or region of the country. On the stock market, diversification can be achieved by buying shares in a number of companies, manufacturing different products, operating in different lines of business, belonging to different business houses and catering to different markets. Diversification has the additional advantage of protecting you against your own prejudices and errors of judgemen1It also enables you to hedge your bets, reduce your potential losses, and provides you with an-built insurance against unforeseen dangers and pitfalls. However, despite many points in its favor, diversification does not provide a satisfactory answer to many investment problems. In the final analysis, diversification is nothing more than average investing. It helps you to get average, or close to average, returns-nothing more, nothing less. Diversification is of little use to you, if you aim to beat market averages and get high returns. For that, you will have to deploy your investments in potentially high-return assets and investment media. Moreover, excessive diversification greatly enhances the problem of investment management and control. The more diversified your investments, the greater will be the problems you face in exercising effective managerial control over them. Therefore, as in risk versus return, the successful investor has to balance the advantages and disadvantages of diversification as against concentration.

Issues Involved In Attracting Visitors To Museums Tourism Essay

Issues Involved In Attracting Visitors To Museums Tourism Essay In addition to its collection, preservation and educational role museums must also attract the largest possible audience to survive. Discuss this statement with reference to Heritage Tourism and a major London museum. Heritage tourism is a sector inside the tourism industry that has strong historical importance. It covers an area or object that can symbolize a culture, nature or just a specific environment that is important to remember and preserve throughout history. Widely mentioned in the 1990s the importance of heritage tourism grew becoming one of the most important sectors in the tourism industry, Palmer (1999) Heritage tourism is a very broad and multifaceted. It attempts to preserve the past for the benefit and interest of future generations. It can be represented through many forms such as literature, culture and traditions, architecture, landscapes and a variety of other objects. Heritage tourism is quite a new concept in tourism and it is complex because it differs from person to person depending on their beliefs, culture, traditions and/or nationality. It is easy to understand that heritage tourism is related to museums. Museums have a strong link with heritage tourism. Museums are meant to preserve all kinds of things that are relevant to history and make them available throughout the years. The main purpose of a museum is to sell history through an exhibition, preservation and storage of symbolic objects. Museums attempt to explain the importance of these objects and make it a enjoyable experience to its visitors. Most of the facts and events that we know about our history are because of the role that museums have in preserving history as well as explaining it Marstine (2006). Museums can be owned by the public and private sector and this can influence they way they operate and interact with the public and what they exhibit. Museums focus on many specific areas of history and, as they are business and they are managed in order to make profit, many exhibitions are prioritized according to the visitors interests, Garrod, (2008.) Museums focus primarily on visitors who are interested and are receptive to changes on their views and opinions about the world Langer (1993) Visitors of museums should understand the topic that the museum is trying to cover by questioning and reasoning. There can be two types of museum visitors defined by Langer (1993) and Moscardo (1996): the mindful and the mindless. A mindful visitor accepts information through various interpretations and is able to contextualize them. Being a mindful visitor means that one is able to accept that there is no single correct way to interpret a single historical situation. A mindless visitor finds other interpretations besides the one he or she possesses irrelevant as these visitors are not receptive as the mindful ones. They are not receptive to other interpretations or viewpoints because they are unable to question the information they already possess. Usually they are subject to believe and follow a single definition and/or stereotype. They are usually not interest, do not really know about the exhibition and do not care much about it. A good museum has to be entertaining for both types of visitors. A museum has to consider different morals, cultures, ideologies, traditions and political views from its visitors in order to offer them a good experience and make their visit interesting and worth their time and money spent. The Natural History Museum The Natural History Museum is located in London, England on Exhibition Road, in South Kensington, together with the science museum and the Victoria and Albert Museum. The museum is sponsored by the Department for Culture, Media and Sport and has charitable purposes. It has been called The Natural History Museum since 1992 due to the Museums and Galleries Act. The museum has five specific collections related to botany, entomology, mineralogy, palaeontology and zoology. These five collections have around 70 million objects in total. The Natural History Museum is famous worldwide for its dinosaur exhibition that includes a large diplodocus dinosaur skeleton. The Natural History Museum is referred to in many research projects, focusing on areas such taxonomy, identification and preservation. Some of the items are as important scientifically as they are historically since Charles Darwin has worked with them directly. The museum has a large library that holds many scientific research books, articles, hand written documents and art collections. However this library is only accessible by appointment. Geological Museum The Natural History Museum joined the Geological Museum in 1986 from the British Geological Survey. The museum is internationally known for its James Gardiner exhibitions of the active volcano and earthquake devices. The museum has also hosted the first electronically generated exhibition called Treasures of the Earth. The galleries in the museum were redeveloped in 1996 and renamed The Earth Galleries. The galleries in the Waterhouse building were also renamed as The Life Galleries The Geological Museum shows examples from the 19th century of display techniques used in the Waterhouse building. Neal Potter designed the central atrium, where visitors are transported to this area through an escalator made out of plates that symbolize earth. The walls were made out of recycled materials with representations of the major stars and planets. The background has six imagines that demonstrate how older generations viewed earth. Darwin Centre Named after Charles Darwin, the Darwin Centre holds a collection of preserved animals, a work place for scientific researchers and recent educational visitor experiences. It was built in two phases and it is one of the most important ventures in the Natural History Museum. Phase one hosted the zoological items, mainly preserved in alcohol. Phase two holds the botanical exhibits. Phased two opened in 2009 and it is in a shape of a giant cocoon. The Darwin Centre became famous for Archie an eight meter long giant squid that hangs in the middle of the centre. The Attenborough Studio Named after Sir David Attenborough, a prestigious broadcaster and presenter, the Attenborough Studio holds the most important footages on natural History. In collaboration with the British Broadcast Corporation (BBC) the Attenborough Studio has as its main goal to share science education and preservation efforts through multimedia material, becoming a vital part of Darwin Centre. The West side of the building also keeps a wildlife garden, where various types of plants are on display and a possibly new type of insect species similar to the ant was discovered in 2007. The Museum also holds four different galleries that are differentiated by colour and contain different things, they are as follows: Red Zone: Earth Lab, Earths Treasury,Lasting Impressions, Restless Surface, Earth Today and Tomorrow, From the Beginning, The Power Within, Visions of Earth. Green zone: Birds, Creepy Crawlies, Ecology, Fossil Marine Reptiles, Giant Sequoia and Central Hall, Minerals, The Vault, Our Place in Evolution, Plant Power, Primates, Investigate. Blue zone: Dinosaurs, Fishes, Amphibians and Reptiles, Human Biology, Marine Invertebrates, Mammals (Blue Whale), Nature Live. Orange zone: Wildlife Garden, Darwin Centre. The Natural History Museum has become incredibly popular with its visitors over the years, because of its range of diverse things to see. It is not only popular for educational school trips but all kinds of people can come and find something they will be interested in. Politics The issue of politics in Museums can show in a clear way the attitude a certain nation may feel toward an issue in history, or how people have different ideas about what happened. For example, visiting a museum that has exhibits and galleries regarding past conflicts, these museums will portray their countries military objectives and assets as positive, this aides in the nations patriotism and makes nationals of the country proud when they visit. The recreation for some galleries and exhibits in the Natural History Museum rely mainly on the accuracy of the way that certain things are shown, as not many exhibits depict conflict in the past but are more focused on science, astrology and the earth as well as its living plants and animals. Dallen and Boyd (2003) say that One persons landmark may be an object of hostility to another Individuals may disagree the way that certain things are explained in the Museum, however the museum has had input from many reliable scientists and professor s over the years whose opinion on some exhibits and galleries cannot be argued. It is important to listen and understand the views that all individuals have regarding how things were in the past. For example issues that revolve around how the Earth came to be formed, some organizations disagree with the well known theory of the Big-Bang. Although not all organizations agree with each other, these are the kind of politics that are relevant to The Natural History Museum. Authenticity Authenticity is very important for museum visitors. According to Halewood and Hannom (2001) museums are appreciated by their visitors due to some of their characteristics, such as: Originality; Workmanship; Cultural and historical accuracy; Aesthetics Functions and use. In order to grant authenticity and organization academic expertise is essential for the success of any museum Shenhav-Keller (1993). The study of authenticity is a critical success factor for museum visitor management. The feeling of being in front of something that has been preserved since its creation is what most museums expect to offer to their visitors Marstine (2006). Visitors expect to see the objects on the museum as they were originally, this provides authenticity and should be prioritized in order to get full satisfaction from the museum visitors. Sometimes authenticity cannot be achieved because objects might not be in their original state and museums should try to restore them or create similar pieces to the originals (replicas). The Natural History Museum contains a number of authentic objects both old and new in its galleries and exhibits. For example the River Thames Whale that managed to get stuck in the River Thames in 2006, this whales bones have been arranged together and are now temporarily on display. The Darwin Centre also holds tens of millions of specimens that were once alive, most famously is the giant squid named Archie that hangs in the middle of the centre. The Museum also contains many authentic ancient fossils that have been found over the years, they are on display in the Green Zone area, as well as a completely authentic wildlife garden in the Orange Zone. A lot of the things to be seen in the Natural History Museum have also been manufactured or been made from originals so they are not entirely authentic. However the fact that they are replicated gives the visitor an idea of what an authentic original would have been like. Visitor Management The Natural History Museum received over 832,000 visitors during the year of 1958, and in 2009 visitor arrivals reached four million. Of course the museum was not so advanced in 1958 and has expanded dramatically since then, but the opening of such areas of the museum as the Darwin Centre and the Geological Museum have increased the amount of visitors over the years. The museum did not allow free entry until 2001, during the year 2000 visitor arrivals were only 1.7million but rose 42% during the month October, 2009, thanks to the help of the new and exciting Darwin Centre, this was the Museums busiest ever month. The following months even more visitors came to visit the National History Museum, this unusually high attendance of visitors was known within the museum as the Darwin effect. Hall McArthur (1996) stated that visitor management is the Management of visitors in a manner which maximises the quality of the visitor experience whilst assisting the achievement of an areas overall objectives The Natural History Museum has a dedicated Visitor Services team that makes sure that the needs of all visitors are adequately met during their visit. It is possible to call the customer services team before you arrive at the museum to find out when a good time to visit might be. For example elderly or disabled individuals may wish to visit the Museum when it is not so busy. The fact that the staff at the Museum can provide information on a good time for the individual calling to visit maximises their experience. The Museum also contains a cafe and other areas where visitors can refresh themselves with a drink or something to eat, as well as numerous bathroom facilities should they need to use them. Most exhibits and galleries are interactive and allow the visitor to get involved with what they are learning making it a more enjoyable experience. Should the visitor speak another language other than English there are also translations in other languages for many of the Museums descript ions and galleries. It is essential for Museum directors to take into account not only the comfort of the visitors who are being welcomed to the museum, but of course the valuable artefacts that are inside the museum as well as the condition of the museum itself. It is important that these museum directors manage their museum so that it remains in a good condition, and does not get damaged by an overflow of too many visitors at a particular time. Enough money must also be spent on restoring any damage that may have occurred due to too many visitors or lack of respect from individuals towards the museum site and its content. For this reason museums must limit the amount of visitors that are inside at any one time, or a daily limit in order to preserve the building for future use. Garrod and Fyall (2000) say that Conceivably, the higher weighting that is generally accorded to conservation might be the result of the particularly strong notion of futurity that is often associated with heritage assets. It is easy for this Museum in particular to become a victim of over-use as the admission is free, so managers must look carefully into the methods they use to control the flow of visitors coming in and out. The Visitor Services team at the National History Museum has many stewards both inside and outside that make sure everyone who is waiting in line is comfortable and aware of the time they must wait. The Museum directors make sure that they let the same proportion of people in the Museum that are also leaving the Museum. Conclusion We can see from this report the issues that are involved when attempting to attract the most visitors possible to a Museum. These issues revolve around Politics, Visitor Management and Authenticity of the contents of the Museum. We have seen that it is very important to control visitor management, not only for the comfort and safety of the visitors but also in order to uphold the quality of the Museum, its galleries and exhibitions. If a Museum becomes too crowded it is not a pleasant experience at all and will deter the visitor from returning. Authenticity is another issue that some visitors find of great importance if they feel that what they are seeing is not genuine, or has not been replicated to look genuine they will feel cheated and not return to the Museum again. Finally the politics involved are something that attracts visitors depending on the nature of the Museum as there are not much politics involved with The Natural History Museum. The Natural History Museum has had a good plan to accommodate visitors when they arrive at the Museum, they have had a very long time over the years to perfect their visitor management plans. The general management of this Museum has made it one of the most popular in the United Kingdom, attracting four million visitors in 2009 and has been very successful in attracting maximum amount of visitors whilst preserving and sustaining the contents of the Museum and the building itself.

Global Warming is False Essay -- Environment Climate Change

A Flawed Opinion Whenever someone thinks of CO2, they think of global warming. They are reminded of Al Gore and his stance on global warming and they automatically think it is true. He has a lot of evidence to back up his theory about how global warming exists and that it is the reason animals are going extinct and also why the climate is changing. Well these facts are wrong and there is evidence to prove it. Global warming is not real and the Earth might even be in a cooling period. There so many reasons to blame people for the epidemic of this false global warming. CO2, a naturally produced gas absorbed by oceans and trees could not be the reason, so what could? Well, nothing can, none of man’s efforts to control the climate will ever succeed against the power of Earth’s natural system of warming and cooling itself. Three great reasons to discredit the theory of global warming are the reason CO2 is not a greenhouse gas, the natural climate change of the earth throughout the ages, and liberal based media’s false facts and propaganda. The great thing about CO2 is that it is not a produced greenhouse gas. John Coleman states plainly in his article to the San Diego Chamber of Commerce about the real story about CO2: â€Å"Here is the deal about CO2, carbon dioxide. It is a natural component of our atmosphere. It has been there since time began. It is absorbed and emitted by oceans. It is used by every living plant to trigger photosynthesis. And we humans, we create it. Every time we breathe out, we emit carbon dioxide into the atmosphere. It is not a pollutant. It is not smog. It is a naturally occurring invisible gas† (3). In this quote he distinguishes the difference between smog and CO2. Smog, a blend of both smoke and fog is... ...problems on fraudulent matters and it is up to the intelligent of the Earth to tell them they are wrong. Works Cited Appenzeller, Tim. â€Å"Signs From Earth.† National Geographic. 4 Feb. 2009. http://ngm.nationalgeographic.com/ngm/0409/feature1/. "Snopes.com: John Coleman on Global Warming." Snopes.com: Urban Legends Reference Pages. 20 June 2008. 4 Feb. 2009. . â€Å"Global Warming: Not So Fast." World Climate Report. 12 Feb. 2009 . Haley, James. Global Warming. New York: Greenhaven P, Incorporated, 2001. Nizza, Mike. â€Å"Failing to Deliver a Jolt on Global Warming.† 21 Apr 2008. 4 Feb. 2009.

Baby Bloomers

Time Context The case under study covers the period of the 1980’s (particularly 1987) wherein the Philippine economy is experiencing difficulty due to the political turmoil.Summary A family enterprise known as the Baby Bloomers specializing in floral arrangement was founded in 1977. It was inspired by the Three Flowers Florists which is considered as the leading supplier of flower arrangements during the previous years. It became widely known floral trade to the market because of the imported materials they use. Also, their standardized outlet, with luxuriant interior and overall air of quality, has a great impact to the customer. This led to a large amount of cash inflows incurred by the company, mainly because of its high price being charged in their high-quality products and services. With this tremendous success, owners take into consideration business expansion.They started establishing restaurants, automobile dealership, wine importation business, cocktail lounge, jewelr y shop, European sporting goods dealership, and store specializing in remote-controlled toys. However, not all of the newly established businesses were doing too well, except the restaurant which was moderately successful. Large amount of investments was incurred and much of the funds available were being use as working capital instead of servicing of the loans. During 1983, a consequential challenge was faced by the enterprise, when devaluation of the dollar exchange rate set in. Unfortunately, expenses increase because some of their businesses were import-oriented.It became a greater liability for the Baby Bloomers flower boutiques for it is the only enterprise generating high income. Many of its loans were defaulted, and since personal funds were not sufficient to meet the payment, troubled businesses were eventually sold to settle the problem, leaving only the flower boutiques and the restaurant.Mission StatementTo provide a high-quality floral products offering imported materia ls, and a standardized outlets for the convenience and satisfaction of our customers.To pursue business expansion of many unrelated ventures under the Baby Bloomers Commercial Corporation.Vision Statement To preserve the status of the company as the leading supplier of flower arrangements in the floral industry by providing good quality products and services.I. Statement of the Objective/s The primary objective of the study is to assist Baby Bloomers regain its success by devoting more time and effort in managing the money-generating flower boutiques, in order to recover the financial losses the company suffers.Specific Objectives: To understand the background of the company. To know the causes of troubled businesses. To suggest means of settling pending loan obligations. To identify businesses need to continue and discontinue operation.II. Central Problem How would Baby Bloomers bring back its normal condition and how would it recover from financial losses it suffers to maintain bu siness’ soundness?III. Areas of Consideration Strengths Prestige that came with Baby Bloomers brand name Sufficient experience in the florist trade High pricing power Standardized outlets Strong management of flower shops Weaknesses High debt burden Rapid sequence of expansion of unrelated businesses Weak management of other businesses Use of imported materials Opportunities International expansion New markets Baby Bloomers’ brand name serves as a goodwill to the newly-established businesses.Threats Volatile dollar exchange Intense competition in other established enterprises Government tax regulations Bad reputation brought by enterprises not doing too well Political risksIV. Alternative Courses of Action These are the possible solutions to the problem with the corresponding advantages and disadvantages:1. Not to expand floral boutiques and focused first in managing existing ones.AdvantagesLesser expenses may incur because the company do not need to hire new employees .Mrs. Picache may have an idle time to train her daughters in order to continue the family business traditions. ImprovementDisadvantagesLetting go of the chance of successful business expansion where it can put the firm in a positive place when it comes to acquiring necessary financing.It cannot place the company in the forefront of many customers’ mind.Sacrificing the income coming from expansion of other boutiques.2. Foreclosed the restaurant with moderate earnings and continue to expand immensely profitable flower boutiques.AdvantagesThere will be more time can be devoted in well-management of the flower boutiques because the company will be focusing on one kind of business.Greater chance of improving and innovating their products and services because they will stick to business which the family knows best.DisadvantagesProducts of this kind of business are not necessaries which customers consumed almost everyday.In case demand for flower arrangements decrease the company m ight suffer additional losses because there will be no other sources of income.3. As the company regains its success, take into consideration expansion of unrelated ventures.AdvantagesAn opportunity to staff new businesses with qualified people. These people can help streamline processes, bring fresh ideas to the organization.Exposing the brand name Baby Bloomers to a wider audience. This increased pool of potential customers can improve sales, resulting in increased profitability.DisadvantagesRapid sequence of business expansion can lead to declining quality of products and services.Expansion requires major financial investments that can turn sour if a company cannot keep up with the resulting obligations.May encounter the same problems faced before.V. Strategy Formulation/RecommendationWe therefore conclude that the best solution to the problem is alternative course of action no. 2, â€Å"Foreclosed the restaurant with moderate earnings and continue to expand immensely profitable flower boutiques.† Generally, expansion of unrelated ventures like the Baby Bloomers Restaurant is advantageous because of the additional income it may provide, but Picache’s family area of expertise does not lie in managing that kind of business,  they are specializing in floral arrangements. Foreclosure of restaurant may result to more time and effort to be spent on the preservation and improvement of the high-class quality products and services of flower boutiques which will ensure a much higher profit, thus easily regaining its success.It is also advisable that as early as possible, daughters of Mrs. Picache must be trained to continue the family business since she almost reached the age of seniority. As the company recovers, and plans to do expansion of unrelated ventures, by this time they need to be wiser, taking into consideration the past causes of their fall down, also the future problems they may encounter. Expansion must not be in a rapid sequence because expansion does not always connote additional profit because of the presence of economic and political risks. Additionally, there should be a defined reason for the expansion – entering into new, potentially profitable market segments, for example.VI. Plan of Action1. Focus on incurring cash inflows to settle part of loan obligations still unpaid. 2. Devoting more time and effort in managing Baby Bloomers floral boutiques to recover from financial difficulties, thus maximizing profit. 3. Expand the number of money-generating floral boutiques and sell the restaurant. 4. Aid in first the assistance of business consultant when making expansion of unrelated ventures.VII. Potential Problems1. What if Mrs. Picache has no longer personal funds to cover the unpaid loan obligation? 2. What if Mrs. Picache can no longer devote much of her time to manage the flower boutiques because of her age? 3. What if prices of imported materials become doubled and Mrs. Picache could not offer its p roducts in a much higher price than the usual because customers are also suffering financial difficulties? 4. What if the trend for floral arrangements enterprise decreases due to innovative culture?VIII. Contingency Plan1. The company may sell the restaurant, at the first place she hardly knows anything about restaurant management because her family is sticking to what  it knows best, the floral arrangements. 2. She may assign Mrs. Bengco to help her managing the flower shop, after all Mrs. Bengco is one of her loyal employees, working for her for almost ten years. Furthermore, she has three daughters; they can be trained to manage the business in the future. 3. The company must try to deal with local materials which will ensure her of the same quality products she is currently providing to her customer. Local materials are less costly than imported materials. 4. The company must try to come up with new ideas on how to improve its products and services to preserve the loyalty and patronage of customers to their products.

Employment Law Essay

Early this year, there are reports that the number of employees calling in sick has risen to staggering levels. According to an absence management company, there are about 3. 6 million employees who called in sick the first week of January (Pitcher, 2008). The United Kingdom ranked as second as having the most number of employees with long term sickness in a survey conducted by the European Community (Tehrani and Rainbird, 2005). The level of absence for UK was 27. 2% as against an average of 16. % of the European Union (Tehrani and Rainbird, 2005). An approximate figure of 14. 1 million days ‘were lost to stress and anxiety in 2001† (Tehrani and Rainbird, 2005). Absences due to stress and mental problems significantly affect both the employer and the employees. This matter apparently has been taken for granted and unaddressed for sometime until the enactment of the Disability Discrimination Act 1995 (DDA), Employment Act 2002, Employment Rights Act 1996, and the Health and Safety at Work etc Act 1974. This paper shall show the manner by which the pertinent provisions of these pieces of legislation are applied to a hypothetical case and it shall also seek to identify and explain the remedies of an employee in case of violation of the provisions. Disability—Sickness Absence The Disability Discrimination Act 1995 defines disability as one having a ‘physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’ (Section 1(1), Part 1, DDA 1995). The Industrial Tribunal has applied the definition to the different cases brought before it. For instance, in the case of Greenwood v. United Tiles Limited; the employee concerned was suffering from diabetes and was held to be disabled by the Tribunal (Greenwood v. United Tiles Limited 1101067/97/C). In the case of O’Neil v Symm & Company Limited, the Tribunal considered ME or chronic fatigue syndrome as a disability (O’Neil v Symm & Company Limited, 2700054/97). Even abdominal pains which had no medical diagnosis with respect to its origin was declared as a disability by the Tribunal in the case of Howden v Capital Copiers (Edinburgh) Limited (400005/97) (Thompsons Solicitors web site, 2007). Anent mental disability, Walton v LI Group Limited case involved an employee who had learning difficulties. The Tribunal ruled that the employee is considered disabled under the DDA basing its conclusion on the testimonial evidence of the employee’s parents and the fact that the employee was receiving disability living allowance (Walton v LI Group Limited, 1600562/97). The increased awareness for mental health and issues associated with it has accelerated in time, clinical depression is in fact already considered as a disability. Clinical depression is a ‘common mood disorder in psychology and psychiatry in which a person’s enjoyment of life and ability to function socially and in day-to-day matters is disrupted by intense sadness, melancholia, numbness or despair’ (Farlex Free Dictionary web site, n. d. ). In the recent appealed case of O’Hanlon v Commissioners for HM Revenue & Customs, the Employment Appeal Tribunal ruled that clinical depression is considered a disability and therefore falls within the coverage of the DDA 1995 [O’Hanlon v Commissioners for HM Revenue & Customs (2007) EWCA Civ 283]. Applying the above discussed legal principles to the given hypothetical case, Vangeer has been diagnosed to be suffering from clinical depression. This was brought about by the incident when she accidentally pricked herself with a needle which she picked up while cleaning a bus in the depot of her employer. This caused panic attacks and anxiety and for which she was given a year off from work. At this juncture, it is important to stress that the Health and Safety at Work etc Act 1974 requires the employers to ensure the health and safety of its employees in the place of work. Towards its realization, the law imposes upon the employer the duty to make ‘the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health’ (Section 2 (2)(a), HSWA 1974). This means that Snail Pace Bus Company should have provided a system of work including protective gear for those who clean their buses (Health Safety Executive, 2006). In addition, the employer is also supposed to take measures to protect their employee who may return to work considering that there is more likelihood that the employee may be weak because of the injury or disability (Health Safety Executive, 2006). Vangeer went on sickness absence for about a year. Sickness absence may be short term or long term. A long term sickness absence connotes serious medical reasons such as in the case of Vangeer. Long-term absence is ‘usually defined as a period of absence in excess of two weeks’ (Corcoran, 2006). When she returned for work, a new team leader made discriminatory remarks about her race. In hindsight, this may be considered as a violation of the Race Relations Act 1976. It may be shown that there is direct discrimination of Vangeer because she is black such as when she is treated less favourably than another (Thompsons Solicitors, n. d. ). Moreover, it may be shown that there is some form of harassment under the Race Relations Act 1976 as amended by the New Regulations of 2003 (Thompsons Solicitors, n. d. ). Harassment is broad as to include ‘abusive language, excessive monitoring of work, excessive criticism of someone’s work etc. ’ (Thompsons Solicitors, n. d. ). It may be claimed that Vangeer suffered by because she was degraded, intimidated and her dignity violated. The violation of her dignity is subjective and the Tribunal would need to rule using the ‘reasonableness’ standard (Thompsons Solicitors, n. d. In this case, the effect of Bob’s conduct has caused Vangeer to go on sickness absence for three weeks more based on the recommendation of her psychiatrist. Her transfer to another team was also suggested. Even before the period of sickness absence has lapsed, Snail Pace Bus Company was bought by Slow Coach Ltd. and Vangeer was called to a meeting about her absence. Thereafter, she was dismissed from her employment with pay. Her dismissal is illegal. ‘In relation to long-term sickness absence, the employer who dismisses an employee faces three potential legal risks’ (Lemon & Co. 2008). Vangeer may file for a claim for unfair dismissal, for disability discrimination and for violation of her contract of employment. It is axiomatic that there exists between the employer and the employee, a contract of employment. It is an agreement whereby the rights and obligations of both the employee and the employer are specified (Direct. Gov web site, 2008). When the employee accepts employment, there is an automatic contract of employment that is created regardless of whether this has been reduced into writing (Direct. Gov web site, 2008). Generally, employment contracts contain the following clauses: ‘commencement, term, job title and duties, place of work, hours of work, pay, holiday entitlement, pension, sickness absence, intellectual property, confidentiality, termination disciplinary, dismissal and grievance procedures, and collective agreements’(Clickdocs web site, n. d. ). The terms of employment in respect of hours of work, pay, termination of employment and other benefits are provided by the statutes. This being the case, the employer is mandated to comply with the provisions of the statutes. For instance, dismissal procedures should be observed. In the instant case, Vangeer was invited to a meeting to discuss her absence and after a day she was dismissed from employment with pay. The Employment Act 2002, Part 3, Section 30 (1) provides that, ‘Every contract of employment shall have effect to require the employer and employee to comply, in relation to any matter to which a statutory procedure applies, with the requirements of the procedure’ (EA 2002). The law requires that the employer observe the procedure in cases of dismissal as provided for under section 29, Schedule 2 Statutory Dispute Resolution Procedures, Chapter 1 and 2. Substantially, the employer is required by law to put into writing the circumstances and acts of the employee which he led him to initiate disciplinary or dismissal steps and invite him to discuss it in a meeting. The employee must have notice and reasonable opportunity to be apprised of the same. After the meeting, the employer must inform the employee of his decision and inform him of his right to appeal. Should the employee opt for an appeal, another meeting should be scheduled before the dismissal or the disciplinary penalty shall have been effective (Section 29, Schedule 2, Chapter 1, EA 2002). In the instant case, Vangeer apparently may have been given an unfairly short notice and was not informed of her right of appeal if she was not satisfied with the decision. In retrospect, the jurisdiction over wrongful dismissal cases were lodged in courts until 1994 when jurisdiction was given to the Employment Tribunals which were authorised to grant only up to GBP25,000 (British Employment web site, 2007). A contrary rule is observed with respect to unfair dismissals and discrimination cases, where the courts can award greater amounts of monetary damages. Wrongful dismissal results when employer fails to give the employee notice in accordance with the employment contract and without appropriate pay (British Employment web site, 2007). It has been observed though that it is better for the ‘employee to sue if the contract provides a fairly long notice period’ (British Employment web site, 2007). Monetary damages in these cases are computed based on the amount of loss in terms of compensation and other benefits. Unfair dismissal occurs when the employee is terminated from employment and the employer in doing so had no valid and justifiable reason (Direct. gov web site, 2008). The Employment Rights Act 1996, specifically Part X sections 111 to 132 provide for the remedies in case of unfair dismissal. In a nutshell, there are three options: an order for reinstatement, an order for re-engagement or an order for compensation. Reinstatement is when the Tribunal orders the employer to put the employee back to work with the same position and assigned tasks. There is re-engagement when the employee is placed back to work with a new post and tasks but under the same employer ((British Employment web site, 2007). In cases where the Tribunal issues an order for reinstatement or re-engagement, it cannot also order compensation [Wilson (HM Inspector of Taxes) v Clayton (2003) EWCA Civ 1657]. In the instant case, Vangeer was unlawfully dismissed because of her long absence. The Employment Rights Act 1996 provide for the employer’s responsibilities in case sickness absence and dismissal are due to ill-health (Mace & Jones web site, 2007). Bad health may be considered a good basis for dismissal of an employee because it affects the ability and capacity of the employee to perform his assigned duties and tasks. The law mandates that in order for a dismissal based on ill-health can be considered as fair, the employer must observe and comply with the legal requirements (Mace & Jones web site, 2007). The employee must be given the reasonable opportunity to recover and return to work before they can be dismissed’ (Lemon & Co. web site, 2008). In the instant case, Snail Pace Bus Company gave Vangeer about a year to recover from her clinical depression. A return to work programme was drawn up for her. Her relapse was instigated by her new manager. She was given a three week off from work and before the lapse of that time she was dismissed after the discussion with Slow Coach Ltd. Vangeer apparently was not given a reasonable opportunity to even use her three week off when in fact, the relapse was caused by management. However, it should be pointed out that not in all cases shall the employer be liable even if he partly or wholly was responsible for the incapacity of the employee. In the case of McAdie v Royal Bank of Scotland [2007] EWCA Civ 806, the Employment Appeal Tribunal reversed the decision of the Employment Tribunal when it ruled that the dismissal was justified even if the employer, partly or wholly caused the employee’s incapacity because based on the medical evidence obtained ‘there was no prospect of the employee returning to work’ [McAdie v Royal Bank of Scotland (2007) EWCA Civ 806]. Another requirement would be is for the employer to seek evidence of the medical status of the illness of the employee. The employer must request for medical reports from the employee’s physician upon the authorisation of the former (Lemon & Co. web site, 2008). The employer may also request for the examination of the employee by the employer’s own physician. The meeting should be for purposes of assessing the current medical state, the existing medical advice and medical evidence. In the case of Vangeer, Slow Coach Ltd. ailed to request the medical reports from her physician. Moreover, the employee must be consulted through a series of meetings for purposes of exploring ways and issues for alternative options and reasonable adjustments (Lemon & Co. web site, 2008). Albeit, there is one meeting conducted with Vangeer, no exhaustive discussion seemed to have been made. Finally, ‘The employer must consider the possibility of making adjustments to the working environment in order to permit the employee to return to work’ (Lemon & Co. eb site, 2008). When Vangeer was ill the first time, the employer made a programme which allowed her to start work late and go home early. However in the case of relapse, the suggestion that she be re-assigned to a different team was not deliberated upon and carried out by Slow Coach Ltd. It is the responsibility of the employer to seek and accept suggestions from the employee on how she can work when she returns. In a complaint for unfair dismissal, the Employment Tribunal shall take the following factors into consideration: ‘nature of the employee’s illness, the likely duration of the illness, the nature of the job, the needs of the employer, the employee’s length of service, the type (and amount) of sick pay paid to the employee and alternative employment’ (Lemon & Co. web site, 2008). The most important factor that will be considered is whether the employer took measures in gathering information and ascertaining medical reports from which he would base a fair and reasonable conclusion and decision. There must be recent, comprehensive and competent medical findings (Direct. gov web site, 2008). He must also comply with the procedures in dismissing an employee in accordance with the Employment Act 2002 and the Dispute Regulations 2004 (Direct. gov web site, 2008). Failure to follow the â€Å"statutory minimum dismissal and disciplinary procedure† shall make him liable to ‘a minimum basic award of 4 weeks pay. Furthermore, any compensation awarded by an Employment Tribunal may increase by 10-50%’ (Direct. gov web site, 2008). There is no distinction between sickness absence and disability. In the case of Clark v Novacold (18901661/97) ‘the Industrial Tribunal concluded that there should be no distinction between the two, and dismissal for sickness absence does in fact relate to the disability and accordingly is prima facie unlawful’ (Thompsons Solicitors web site, 1997). According to Solicitor Michael Corcoran, if the disability is the cause of the long term sickness absence and the employee was in fact dismissed, such dismissal is tantamount to discrimination unless it is shown that dismissal is justifiable (Corcoran, 2006). The lack of knowledge of Slow Coach Ltd. may have on the disability would be irrelevant and immaterial to the issue of whether Vangeer was treated less favourably (Corcoran, 2006). Under Section 20 of the Discrimination Disability Act 1995, direct discrimination is committed when the employee is ‘treated less favourably’ than another not suffering from such disability and that such treatment is by reason of the employee’s disability (DDA 2005). Moreover, the employer shall also be liable if he failed to make reasonable adjustments so that the disabled employee can continue his or her employment (HSE, n. d. ). The law requires that the employer ‘go an extra mile’ for the disabled employee, albeit the law does not set parameters of its extent. However, case law has laid down legal principles based on each of the precedent-setting case (HSE, n. d. ).