Varieties of Judgment in the Critique of Pure Reason Assignment

Varieties of Judgment in the Critique of Pure Reason - Assignment Example As a result, while synthetic judgments are informative, they must be justified by referring to external or outside principles. On this theme, Kant begins by supposing that both Hume and Leibniz had not properly between the two distinct forms of judgment and that, in fact, they had made only one distinction, which was the difference between uninformative truths on the basis of pure reason and factual matters on the basis of sensory experience (Kant 37). Kant argues that the two distinctions were not wholly coextensive; also stating that all four combinations that are logically possible should be taken into consideration. The first combination, analytic a posteriori judgments, is not logical because one does not need to use experience in order to support an assertion that is purely explicative. Secondly, synthetic a posteriori judgments would be considered as generally uncontroversial facts that humans come to know of because of their sensory experience (Kant & Hatfield 45). Thirdly, analytic a priori judgments are those that are necessarily true because they include all straightforward definitions and merely logical truths. Finally, synthetic a priori judgments can be considered as the most crucial case from Kant’s arguments, specifically because they can only provide necessarily true new information.

How Does the Legacy of Colonialism Contribute to Some of the Economic Essay

How Does the Legacy of Colonialism Contribute to Some of the Economic Issues Facing Caribbean Countries Today - Essay Example Colonialism can be defined as â€Å"the domination of people another country† (Osterhammel & Frisch, 1997, p15). This involves suppressing the inferior culture. These Caribbean countries include Jamaica, Haiti, Cuba, Dominican Republic, and Puerto Rico among others. Caribbean countries have common problems, which include financial stress and lack of sufficient investment; as a result, they face crisis in the credit markets. Nevertheless, colonialism impact on the Caribbean countries is felt up to date. Cuba and Puerto Rico gained independence in 1901 whilst Jamaica and Trinidad gained their independence in 1962 (History of the Caribbean 2012). Colonial governments were mostly undemocratic, and emphasized on divide and rule, which weakened the local power institutions. This paper will discuss the legacy of colonialism in relation to some of the economic issues facing the Caribbean countries. Legacy of colonialism and its contribution to some of the economic issues facing Caribb ean countries today The Caribbean countries struggled, but were full of courage for many years to attain their freedom and democracy as well. These countries have been a target to many developed countries due to their natural resources. However, the Caribbean countries have, over the years, tried to improve their economy to no avail; they have also tried to engage in clothes production, processing of food, and manufacturing of sugar, all of which have ended up in failure. The effects of colonialism have been felt on the Caribbean economy, which have contributed to its weakness. Though the Caribbean countries have attained their independence, some colonial policies hinder the Caribbean economy from excelling, posing as a ground for exploitation. According to The Michael Manley foundation (2006), colonizers of the Caribbean countries benefited greatly from controlling these countries; for instance, slave trade impacted positively on the industrialization of Britain, and as a result, e merging as the wealthiest nation. The colonized countries did advanced partially, as all the profits extracted from their resources benefited the mother countries of the colonizers. In addition, the Caribbean countries were not in a position to produce what they required, but they produced what the colonizers needed (The Michael Manley foundation, 2006). Today, the developed nations continue to benefit from the natural resources of the Caribbean countries with insignificant returns. For instance, Trinidad produces oil while Jamaica produces coffee, bananas, and sugar, all of which are exported to the developed countries. The developed nations use these raw materials to the benefit of their countries, and export the finished goods to the Caribbean countries; as a result, they make huge profits, while the Caribbean countries receive fewer returns. Colonialism encouraged the exportation of agricultural goods; as a result, the Caribbean countries have continued to lay more emphasis on t he exportation of such goods rather than investing in their manufacturing industries by expanding them. If the Caribbean countries would expand on their manufacturing industries, they would gain more profits through exporting finished goods, rather than raw goods, and as a result, boosting their economy. Importing more and exporting less is the trend of the Caribbean countries, this trend began in the colonialism era, where these colonized nations imported goods from the colonizing

Member of Parliament Essay Example for Free

Member of Parliament Essay Delegation is to give another person authority and responsibility of a certain task that you would normally do yourself but you still take accountability for the outcome. In order to delegate effectively you need to first decide what tasks to delegate. You need to track what you can delegate by making a list of tasks that you do and from this the things that you can give to others. It is a more cost effective way of giving others responsibility rather than hiring someone else to do the work. Planning is essential when you are delegating. You need to identify the individual’s knowledge on the task, the skills they have to do it efficiently. Give them control of the task completely but follow it up regularly by meetings and asking them how it is going, what is going good and what they need help on. Communication between the other person and you has to be very clear and precise. You should have their full attention. They need to have a clear understanding of what needs to be done and by when. SMART objectives need to be set for them and discuss the standard that you expect from them. Ask them how they will do it and what help you can give them in the task. Give them reassurance, confidence, offer them your support and appreciate them. Believe in them. When delegating tasks there are several levels of delegation to consider. Everyone is different, not everyone can handle or respond well to certain styles. A good manager knows which level to use with each member of staff when assigning a task. Level 1- this is when the manager asks the staff member to look into the situation, get all the facts needed and come back to him/her. The decision of what to do is made by the manager. This type of delegation is usually used for new employees who have no experience in the business. It is also used when you cannot physically do it yourself as you are handling quite a few other things at the same time. For example, at SS during a busy patch at lunch time, if there is a customer who comes in who has problems with his glasses. You cannot see him as you are already dealing with two other customers. You ask a member of staff to check the glasses thoroughly, find out what problem they are having by getting all the facts from the customer. You have delegated this task out to that member of staff but you make the final decision on what should be done. You control the delegation. Level 2- this is when the manager asks the member of staff to look into the situation but also come up with possible solutions to the problem. For example, in the above example, the manager  would have asked the member of staff to come up with reasons why the customer is having problems and ways to fix the problem. However, the final decision is still made by the manager. The manager still controls the delegation. This level offers opportunities for more instruction, coaching, and development of the employees. It is often used for employees who may be changing companies but staying in the same career, so they are familiar with the task but not with the new employer’s working style and requirements. Level 3 –this is when the manager asks the member of staff to look into the situation and come up with possible solutions. The staff member picks the best solution for the customer but gets the manager to approve before going ahead with it. For example the above mentioned member of staff would have the measurements rechecked by the manager before he remakes the customer’s glasses. The manager still controls the delegation but it conveys more trust and faith in the chosen employee, it also facilitates training, improves the overall experience and increases educational opportunities for the employee. This is a good happy medium for both new and experienced employees and works well in large workplaces where the tasks must be managed properly for structural purposes. Level 4 – this is when the manager asks the member of staff to look into the situation and carry on and finish it till the end of the solution unless he says not to. For example, in the above example, the member of staff would be able to finish it off unless the manager said not to. The staff member controls this type of delegation. It shows a lot of faith and pays a compliment to the staff as to their manager’s level of confidence in their ability to complete the task successfully. It is often left for experienced employees, particularly those who have performed the repeated task successfully in circumstances prior. One problem to this approach is it can also be a source of frustration for an employee who is told they have the expertise and capability to do what is requested the way their manager wants it done, but then if they lack the confidence in their manager to follow through or if something goes wrong, then it makes this person almost entirely accountable. This Level requires trust, rapport, confidence and understanding. Level 5 – this stage is when the managers asks the staff member to complete the task and to report back to him when it is done and what was done. For example in the above situation, the manager will want to know when the problem is sorted and what the member of staff  did to solve it. The manager doesn’t even require a heads-up or check-back before the staff member starts work on the task. Many companies who have experienced staff members use this type of delegation to accomplish more. It can also be beneficial for smaller companies who trust in their employees to help them perform at maximum potential. They control the delegation. Level 6 – this is when the manager tells the staff member to take action and follow it up if needed. For example in the above example, the manager gives full authority for that staff member to deal with the customer. He does not get involved at all. This is not only complete freedom, but also the ultimate compliment in terms of a manager’s confidence in the staff member’s ability to complete a task to the manager’s complete satisfaction. When it comes to effective delegation, you cannot just order people around. Each individual is different and responds differently to different styles of delegation, criticism and praise. This means in order to be most effective, and get the best results from staff chosen to have tasks and projects delegated to them, employers must be both creative and knowledgeable when it comes to picking the right person for the right kind of delegated assignment.

Arguments For And Against Use Of Precedent Law Essay

Arguments For And Against Use Of Precedent Law Essay One very important element of the law in the United Kingdom is the precedent. The precedent is a  legal case  establishing a principle or rule that a  court  or other judicial body may utilize when deciding subsequent cases with similar issues or  facts.  [1]  These decisions can be used as a map to help the judges navigate through the English legal system. Despite the fact that the precedent can be very useful in the English law in some special cases it can only make things more difficult and it can lead to false results. Generally it is argued that the precedent introduces unnecessary rigidity into the law, thereby preventing legal doctrine from developing as society develops. The first thing that we should consider is why this is happening. To examine this issue we should first start from the meaning of the word >. The word precedent refers to an action that has already happened and that could be argued to be the greatest disadvantage of the precedent. Judges that use precedent to help them make their decision are heavily basing the result of the trial on a decision that was made a lot of years ago and thats the most important problem. Especially when we talk about cases that happened hundred years ago its unorthodox to use them as guidance in modern cases. The reason is that through the years the way that people act and think is changed and something that was radical in 1900 can turn into something normal in 2011. Also we can see that modern society develops and with it the law develops too. So mod ern law cant always be compatible with old decisions. Finally one more issue that rises is that we cant be certain about the thinking of the judge that took the final decision in an older trial or about the reasons and the circumstances under which he took his decision. In addition the application of precedent may sometimes cause injustice. The overruling of an earlier case may cause injustice to those who have ordered their affairs in reliance on it. Precedent may produce justice in an individual case but injustice in the generality of cases. It would be undesirable to treat a number of claimants unjustly simply because one binding case had laid down an unjust rule. The use of precedent also has as a result to limit the development of the law. The doctrine of stare decisis is a limiting factor in the development of the law made by judges. Practical law is founded on experience but the scope for further experience is restricted if the first case is binding. Moreover it could be said is that there are too many precedents resulting to the loss of time and money and sometimes leading to confusion due to the large number of cases that should be considered. The citation of authority in court should be kept within reasonable bounds because it can be costly in terms of time and money. Also Lord Diplock has warned of the danger of so blinding the court with case law that it has difficulty in seeing the wood of legal principle for the trees of paraphrase. In order to avoid all those consequences the House of Lords has decided that it will not allow transcripts of unreported judgments of the Court of Appeal, civil division, to be cited before the House except with its leave. Finally one more disadvantage of the precedent is that it makes the law inflexible. The case-law method is sometimes said to be flexible. However a judge is not so free where there is a binding precedent. Unless it can be distinguished he must follow it, even though he dislikes it or considers it bad law. His discretion is thereby limited and the alleged flexibility of case law becomes rigidity. Judges are forced to apply binding precedents that blocks them from making a new decision about a case. This action introduces an unnecessary rigidity on case-law that doesnt allow for the law to develop. One great example that the precedent cant be used in certain cases can be found at the case of R v R [1992] 1 AC 599. In this case a husband appealed against his conviction of the attempted rape of his wife. The defense of the husband supported that a husband cannot be guilty of rape upon his lawful wife because of the marriage contract. Upon marriage the wife consents to her husbands exercise of his marital rights. They based their defense on case law using : Hale, History of the Pleas of the Crown, 1st ed. (1736), vol. 1, ch. 58, p. 629; Archbold, Pleading and Evidence in Criminal Cases, 1st ed. (1822), p. 259; Rex v. Audley (Lord) (1631) 3 St.Tr. 401;  Reg. v. Cogan [1976] Q.B. 217  and  Reg. v. Kowalski (1987) 86 Cr.App.R. 339 The wifes consent could only be withdrawn in certain circumstances, such as her death, or if the marriage was avoided by a private Act of Parliament, a separation order (see  Rex v. Clarke [1949] 2 All E.R. 448), a decree nisi (see  Reg. v. OBrien (Edward) [1974] 3 All E.R. 663), an undertaking (see  Reg. v. Steele (1976) 65 Cr.App.R. 22), a deed of separation (see  Reg. v. Roberts [1986] Crim.L.R. 188), or a family protection order (see Reg. v. S. (unreported), 15 January 1991, which did not follow  Reg. v. Sharples [1990] Crim.L.R. 198). As none of those factors existed, the appellants immunity was not lost by what happened between his wife and himself. Accordingly he should not be tried for or convicted of rape. However appeal was dismissed. Overturning the principle set out in Hales History of the Pleas of the Crown (1736), that a wife irrevocably consented to sexual intercourse with her husband on marriage, their Lordships confirmed that the assumption was no longer applicable in modern times when marriage was viewed as a partnership of equals. The  Sexual Offences (Amendment) Act 1976 s.1(1)  defined rape as unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it. Th eir Lordships rejected submissions that unlawful meant outside the bond of marriage. It was unrealistic to describe extramarital sexual intercourse as unlawful, particularly as unlawful normally meant contrary to some law or enactment or without lawful justification or excuse. The word unlawful was superfluous in the context of s.1(1). The husband was guilty of attempting to have sexual intercourse with his wife against her will contrary to s.1(1) of the 1976 Act. On the other hand despite the fact that precedent has some disadvantages it also has a lot of advantages because in its favor, the use of precedent is said to bring certainty to the law by enabling people to know how issues will be resolved in the future. At first with the use of precedent people are aware of the law and its consequences and they can predict with exactitude their penalties if they make any unlawful actions and they can avoid them by knowing that its illegal and that they will receive a penalty. Also the precedent is a convenient timesaving device. If a problem has already been answered and solved it is natural that a similar case will reach the same conclusion. The judges can use the precedent to deal with minor offences that came to the jury and that will save a lot of time so that they can deal with more cases in a smaller time period. One of the most important advantages resulting from the use of precedent is that it gives greater certainty in the law and helps the judges to avoid mistakes. The existence of a precedent may prevent a judge making a mistake that he might have made if he had been left on his own without any guidance. Generally the precedent is a very important tool for the judges. When they face a difficult case they can search for similar cases in the past and see what decisions were made. That can help them make a decision and be sure that their decision was lawful and fair. In addition the use of precedent prevents injustice. The doctrine of precedent may serve the interests of justice. It would be unjust to reach a different decision in a following case. Everyone should be equal against the law. In order to realize this we should all be judged as equals and receive the same penalties for the same crimes. The precedent helps with that because the decision is taken based on a previous decision for a similar or same crime. That helps the judges and works like a guidance to help them make right decisions. Also it ensures impartiality of judge. The interests of justice also demand impartiality from the judge. This may be assured by the existence of a binding precedent, which he must follow unless it is distinguishable. If he tries to distinguish an indistinguishable case his attempt will be obvious. Judges that are not loyal to their duty are easy to be corrupted and make decisions that are in favor of one part. The use of precedent helps to limit the pheno menon of corruption of the judges and it ensures a fair legal system. Judges cant make decision and penalties out of their minds. They should follow the precedent if it is binding or if they have worries about taking a decision. Every radical attempt to support one side at the expense of another would be obvious and would be stopped. Finally one more great advantage is that it offers opportunities to develop the law. The making of law in decided cases offers opportunities for growth and legal development, which could not be provided by Parliament. The courts can more quickly lay down new principles, or extend old principles, to meet novel circumstances. A wealth of cases illustrative of a vast number of the principles of English law has built up over the centuries. The cases exemplify the law in the sort of detail that could not be achieved in a long code of the Continental type. The precedent give the opportunity to review old decisions and from reform or create new laws that are representing better the modern time. The use of precedent can become very useful for the judges and is obvious through the case of C v DPP [1995] 2 All ER 43. In that case a boy which was at the age of 12 at the time of the offence appealed against the Queens Bench Division ruling (Times, March 30, 1994; [1994] 3 W.L.R. 888) that the presumption that children aged 10-14 were doli incapax (incapable of committing a crime) no longer applied because the court believed that the common law presumption was superseded and against the public interest. In that case the appeal was allowed because the court believed that except the the actus reus and the mens rea the prosecution must adduce additional evidence to prove the minor knew that what he was doing was not merely naughty but seriously wrong. Especially the court added that proof that the minor had done the acts charged could not per se establish that he had guilty knowledge, however bad the acts. The additional evidence must be obtained from a witness who knew the minor we ll, by interviewing the minor or by psychiatric examination. In para 8.4 of Crime, Justice and Protecting the Public (1990, Cm 965) the government approved the presumption on the grounds that allowance must be made for childrens developing faculties. To change the law by judicial ruling would be inadvisable because Parliament had rejected the opportunity to clarify a known difficulty. Its obvious especially in this trial that the precedent played a very important role in order to reach justice. It was clearly visible that the decision of the court was merely wrong. During the trial, the presumption that children aged 10-14 were doli incapax that means that they were incapable of committing a crime was not taken into account and this mistake led them to a false and unfair decision. The appellant mentioned this mistake and appealed against their decision because it was obvious that it was wrong. This case is a very good example of what happens if during a trial the judge decides or forgets to apply a decision because he judged differently than previous people have judged. In conclusion, the precedent as was firstly argued is a very important and useful tool for the English law. It may have some disadvantages but however problematic we may find the use of precedent in many occasions it can be really helpful in order for justice to come to light. It sometimes prevents legal doctrine from developing as society develops and introduces an unnecessary rigidity but its obvious that its use brings certainty to the law by enabling people to know how issues will be resolved in the future. We cant just decide that the use of precedent should be stopped or should be continued because no matter what its disadvantages are it also has a lot of advantages that have been proved really helpful in everyday life.

The Days :: essays research papers

It all happened so fast; it felt like a dream. I wish I could tell everybody my story but no one is listening now. Yeah, that was the best: the dreams we had. Nothing mattered except for those otherworldly dreams. Every day, Louie and I would wake up, whether it be in a high school boiler room or a urine-soaked alley, and talk about what we dreamt. He used to always have dreams with that Marshmallow Man from Ghostbusters in them. We talked about it for a while and came to the conclusion that Louie probably just wanted to sleep on a pillow. A long time ago I had a dream that Louie and I were rabid monsters and we beat each other into bloody pulps. We had a good laugh about that one. That's what kept us going day after day: dreams. Well, dreams and our "business partnership." See, we didn't hobble up to you like sick dogs and beg you for a nickel or a cigarette. We took whatever the hell you had on you. We were so good at it, too. It was all about picking the right people at the right time. Friday nights, we used to drink a 12-pack and approach people in a raging frenzy using a toy squirtgun as a concealed weapon. It was hilarious. Don't get me wrong, though: being nineteen and homeless wasn't "fun." Checking 45 year old women's pockets for money was the closest I had been to getting some in three years. I looked like the garbage that I slept in. The only time I showered was when Louie and I could afford to rent a cheap hotel room for the night. But above all, Louie and I hated being cold. Those biting Detroit winters used to suck the life out of us and not give it back until April. The date and time didn't matter in the winter; all that mattered was that you were cold. Our dreams really did keep us alive at those times. Your mind is all you've got when the rest of your limbs are numb with frostbite and hunger pulsates through your body. Louie was such a great guy. I just wish I could go back down there and talk to him. We could talk about nothing for hours upon hours. Louie would make me forget that I hadn't eaten in two days. In February, we would get wasted in parking structures and take turns smac king each other across the face until the pain and laughter made the cold go away.

Economic Systems Of Different Countries :: essays research papers

Economic Systems of Different Countries Canada: The Government of Canada is a Federal Parliamentary Democracy and a member of the Common Wealth. The Prime Minister of Canada is the Honorable Jean Chretien. The Deputy Prime Minister is Sheila Copps and the Governor General is Romeo LeBlanc. There are five major political parties in Canada they are; the Progressive Conservatives, the Liberal Party, New Democratic Party, the Reform Party, and the Bloc Quebecois. The GNP per capita (1991) was $19,934 (in millions). The annual GNP growth was 3.4%. The amount of GNP for defence was 2.2%. The majority of workers in Canada are in the Service field (73%), Industry has 23% of the workers, and Agriculture has the remaining 4% of the labour workforce. Canada has an unemployment rate of 9.5% and an inflation rate of 2.3%. Canada's top three natural resources are Nickel, Zinc and Copper. Canada's top three agricultural products include Wheat, Barley, and Corn. The three major Canadian industries are automobile manufacturing, lumber industry, and petroleum products. Canada has a healthy trading market with major partners such as the United States, Mexico, and Japan. The top three imported products are vehicles, foodstuffs, and animal feed, while the three major exports include vehicles, petroleum products and natural gas. Canada's exports vastly outweigh their imports. The balance of trade is $9,823,000,000 (more exports than imports).   Ã‚  Ã‚  Ã‚  Ã‚  Canada's economy is a market economy based on free enterprise and the ideology of capitalism. As a Canadian citizen you are free to buy and sell as you please on the open market, so long as you are within the law. Since Canada is a democratic state we are guaranteed these rights and freedoms. Canada has a very efficient economy. We have an unemployment rate of only 9.5% and a reasonably small inflation rate. Canada has been rated as one of the best countries in the world – Coincidence? Niger:   Ã‚  Ã‚  Ã‚  Ã‚  The Government in Niger is a republic in which there is a President and a Prime Minister. The President of the Republic of Niger is Mahamane Ousmane. The Prime Minister is Hama Amadou. There are five major political parties. They are; The National Movement for the Developing Society, The Democratic and Social Convention, Nigerian Party for Democracy and Socialism, The Nigerian Alliance for Democracy and Progress, and The Union of Progressive Patriots and Democrats.   Ã‚  Ã‚  Ã‚  Ã‚  Niger has a Gross National Product per capita of $550 (in millions). There is an annual GNP growth of 1.4%, 0.1% more then the allotted funds for defence. The majority of the labour force works in agriculture (45%), the service field represents 39% of the workers, and the remaining 16% are employed

Researching And Managing A Variety Of Resources Essay

Introduction Throughout this task I will be researching and managing a variety of resources. The three main types are human, physical and financial resources. In this section of my coursework I will explain where I will find these resources and how they will be managed to create a profitable and successful business. Human resources include my staff and their needs. Physical resources include location, fixtures and fittings, raw materials and equipment. Financial resources include profit, sources of money and liquidity. Human Resources Businesses employ people, these are known as human resources. In a small business, the owner may be the only human resource. In larger businesses where many people work, everyone has a specific job relating to their qualifications such as manual workers or administration staff. If a business wants to succeed it is vital for them to have an organised human resource manager. Human resource is vital in forecasting how many employees they need and what qualifications they should have. A big business which is growing will need to find out how many new employees they need and how they will recruit them over the following year. The human resources are a part of the human resources management and is mostly the responsibility for the personnel or human resources department. Legislation has laid down laws to protect people in the workplace. These include: * Health and safety * Employment protection for example, dismissal, leave of absence and redundancy. * Training * Wage Protection * Recruitment These laws that have been put in place are to ensure that a business makes the right decisions and protects its employees correctly. If employees are happy within the workplace they are more likely to achieve goals. Health and Safety For 100 years now health and safety laws have been around which are updated every now and then as work conditions change. The Health and Safety Act 1974 is aimed to raise the standard for all the employees and to protect those whose safety could be at risk outside the business. Businesses need to make sure they have a safe and healthy environment. This can include: à ¯Ã‚ ¿Ã‚ ½ Providing and maintain safety equipment and clothing. à ¯Ã‚ ¿Ã‚ ½ Maintaining workplace temperatures. à ¯Ã‚ ¿Ã‚ ½ Ensuring adequate work space. à ¯Ã‚ ¿Ã‚ ½ Ensuring adequate washing and toilet facilities. à ¯Ã‚ ¿Ã‚ ½ Guaranteeing hygienic and safe conditions à ¯Ã‚ ¿Ã‚ ½ Providing breaks in the work time table. à ¯Ã‚ ¿Ã‚ ½ Providing protection for the use of hazardous substances. à ¯Ã‚ ¿Ã‚ ½ Providing protection from violence, threats or bullying. à ¯Ã‚ ¿Ã‚ ½ Providing a relatively stress free environment. Employers of a business are required to write a written statement of the policy on health and safety in the workplace. Management is responsible for carrying out the policy. This policy puts a duty on the employees so they take care of their safety and others whilst at work as they are legally obliged to comply with the rules drawn. If the employees of the business do not follow these rules they can be fined or even worst, taken to court. Not only do employees have to follow these rules but they are required to have training to ensure the health and safety of employees at work. At any time The Health and Safety Inspectors (HSE) have the right to carry out investigations in the workplace to make sure the health and safety is correct and up to their standard. The HSE have power to issue codes and protect people in various situations. For example: à ¯Ã‚ ¿Ã‚ ½ The control of pollution at the workplace. à ¯Ã‚ ¿Ã‚ ½ Control of substances that are hazardous to health à ¯Ã‚ ¿Ã‚ ½ The protection of individuals against radiation. à ¯Ã‚ ¿Ã‚ ½ Time off for safety representations and training. For my business I will have to make sure I follow the Health and Safety Act 1974. I will not be employing anyone so I will not have to worry about training them but I will have to make sure that my partner and I have the training required. The premises will have to be kept clean to make sure it meets the requirements also to make sure it is kept at the right temperature. UK Regulation When new work situations arose, regulations were introduced to deal with them. The most important regulation is the Working Time Directive 1998. It was introduced as there was concern with long working hours and employee rights. Such as: à ¯Ã‚ ¿Ã‚ ½ 20 minutes break after 6 hours work. à ¯Ã‚ ¿Ã‚ ½ 4 weeks annual paid leave a year. à ¯Ã‚ ¿Ã‚ ½ 11 consecutive hours rest in any 14 hour working period. à ¯Ã‚ ¿Ã‚ ½ A maximum working week 48 hours a week. à ¯Ã‚ ¿Ã‚ ½ An average 6 hours work in any 24 hours for nightshift workers. These regulations were amended in 2003 so that it could exclude people that worked in road, sea or rail transport. Also an employee is allowed to work longer than 48 hours a week if they agree with their employer. Because I will own the business with my partner I will not need to abide by these regulations as I am not employing anyone else. But in case my business expanded and I did need to recruit I would have to take these regulations into perspective to make sure I do not break the law. Training A new way to settle employees into their new job is to use induction training. They will not only be learning how to do their job but they will learn how the business works. For example: à ¯Ã‚ ¿Ã‚ ½ Personnel policies. à ¯Ã‚ ¿Ã‚ ½ Employee benefits and services. à ¯Ã‚ ¿Ã‚ ½ The organisation and management activity. à ¯Ã‚ ¿Ã‚ ½ History development. à ¯Ã‚ ¿Ã‚ ½ Terms of employment. à ¯Ã‚ ¿Ã‚ ½ General information that has to be done. à ¯Ã‚ ¿Ã‚ ½ Physical facilities. à ¯Ã‚ ¿Ã‚ ½ The role of a supervisor. à ¯Ã‚ ¿Ã‚ ½ Safety measures and department rules. à ¯Ã‚ ¿Ã‚ ½ Detailed description of the employee’s job. à ¯Ã‚ ¿Ã‚ ½ The values that a business feels are important such as good attendance. à ¯Ã‚ ¿Ã‚ ½ Follow up after several weeks. The aims of training What training tries to achieve is training employees to learn new skills or improve old ones. It has been proven that a well trained workforce has benefits for a business: à ¯Ã‚ ¿Ã‚ ½ Well trained workers are more than likely to be more protective. This helps a business fulfil its overall objectives like increasing profits. à ¯Ã‚ ¿Ã‚ ½ It will help create a more flexible workforce. à ¯Ã‚ ¿Ã‚ ½ It helps the introduction of new technology. This means that new machinery or productions processes could be introduced. à ¯Ã‚ ¿Ã‚ ½ It could lead to increased job satisfaction. If the workers are well motivated employees will be more productive. à ¯Ã‚ ¿Ã‚ ½ Accidents should be reduced if employees are trained in health and safety. à ¯Ã‚ ¿Ã‚ ½ The image of the business may be improved. Customers will trust the employees more if they are confident and have knowledge on products or processes. Good applicants will be attracted to the job if there is a training programme. à ¯Ã‚ ¿Ã‚ ½ There could be more of a chance of employees being promoted. The business should qualify people in important posts. à ¯Ã‚ ¿Ã‚ ½ Training may give the business an advantage over rivals as it is important in competitive markets. à ¯Ã‚ ¿Ã‚ ½ Training is important if a business wants to be able to operate in international markets. The need for training Many businesses say that if it was up to them then they wouldn’t pay for training as it is too expensive and it won’t give them many benefits. If this was the case then there would be a market failure. When this happens the government tries to fix the problem either by: If this is the case there is a labour market failure. When market failure happens the government usually attempts to solve the problem by either: à ¯Ã‚ ¿Ã‚ ½ Providing incentives for individuals or to encourage businesses to encourage employees to train. Or à ¯Ã‚ ¿Ã‚ ½ Providing government training courses. The government sets training, education or learning targets in the UK. There is a major problem in the UK with supply of labour skills shortages among workers. This is when there are a great number of vacancies because people do not have the skills, abilities, qualifications or experience needed to do the jobs which the employers are requiring. Methods of training There is a variety of different methods used when it comes to training an employee. Some types are on the job, others are away from the workplace. Sometimes it is a combination of both. On-the-job training is the traditional way of doing it as an experienced worker can show the new employee what to do so they do it the right way and also this way they will not need to hire a specialist from outside the business to train the new employee, this will save the business money. -Coaching: A coach will guide the trainee through a process or use of equipment in the same way a footballer is trained. -Mentoring: In this case the trainee is paired with the most experienced worker. The trainee will carry out the job but will discuss problems with tutor to help solve them. -Job rotation: This is when an employee works in different departments for short periods in order to pick up skills from each. This is so whenever the employee is promoted and reaches the top of the business they have a range of experiences. -In-house courses: A business may put on courses for their employees. Personnel departments may run courses for marketing and finance managers within the business. This could be to help them improve staff motivation. Some businesses even have their own training facility. -Self-awareness training: This is when the trainee completes self-assessment questionnaires, the questions may be about personal values and individual styles of learning, personality and how the individual interacts with others. The trainee will then receive feedback from the person who is carrying out the questionnaire. -Traditional and modern apprenticeships: Businesses in the past have took on trainee workers. They would have done an apprenticeship over a period of time. When they qualified they would have become employees of the business. Some of these schemes do not operate today. -Graduate Training: Business may run graduate training. These are for graduates with a degree and qualifications and are mostly used to train employees to become senior or management positions. -Vocational courses: There are a number of organizations that provide vocational training. This is when trainees work towards a vocational qualification. This is also known as hands on job. -E-learning: This is when trainees make use of multimedia to learn. It takes a number of forms. A business may use software to teach all its employees how to use Microsoft word for an example. Trainees can also learn by using materials. If ever my partner and I have to recruit we will use on-the-job training as it is cheap and easy. They will be provided with the knowledge to operate all the machines efficiently. I will ensure that all my employees know how to: * Operate all machines. * Take temperature readings and record on a time sheet. * Clear simple faults. * Ensure that all machines are configured appropriately. * Cash up correctly * Ensure the machine are clean and hygienic * Make the milkshakes efficiently * Monitor waste, litter and use by dates. Payment Methods All employees must be rewarded for what they do as no employee is going to work for free. There is many ways in which this can be done. -Time rates: These are used when workers are rewarded because of the amount of time they spend at work. Employees can be paid wages weekly or monthly. Employees who work longer than normal should be paid overtime or even a higher pay rate. In the UK, holidays with pay are included for most British industries. -Piece rate: This is the easiest method to use. This is when employees are paid an agreed rate for every product that they produce. This is why it is also known as Payment by Result system. This is mostly used in the textile industry. The more the workers produce the more they earn. But this system can cause problems. If machinery fails or if the quality is poor employees have no basic pay to fall back on. Because of this most organizations are made up of two elements. They have a basic pay on the amount of time worked and when a target has been reached. -Commission: This makes up the total earnings of the employees. Commission is like piece rate, it is a reward for the value of work. Employees are paid a percentage of the value of each service or good that is sold. It indicates the level of business that is won rather than just the output achieved. -Fees: These are the payments for people one-off tasks. Tasks tend to be geared towards the needs of the customer instead of the standard of service or product. The amount paid will depend on the time taken to finish the task. -Fringe benefits: These are payments instead of wages or salaries. They include things like profit related bonus schemes. Fringe benefits have become more important. Some employers think providing benefits is cheaper than pay as they do not have to pay National Insurance contributions. Ongoing Management I will undertake ongoing management so that I am sure every task is undertaken efficiently. My partner and I consist of all marketing and financial skills. These skills are vital for increasing the knowledge and are the key to opening new doors to the future of my business. I also need these skills so that I can get a good understanding of the running and expanding of our business, my skills will also help me to make better decisions for my business for instance, making better use of financing and reinvesting in my business. Although once the business has expanded the business will need a book keeper as they provide financial support to small to medium sized businesses. The book keeper will keep track of all the revenue and all the costs of the business, the book keeper will also have to keep records of the entire payroll and do the accounting for all stock. The book keeper will at least have to attain NVQ Levels 2, 3 and 4 and produce performance criteria to show previous experience as a high quality book keeper will only be employed as we do not want an inexperienced book keeper as they may not keep track efficiently of all the costs. Recruitment of Employees The four most popular ways of recruiting externally are: Job centres – These are paid for by the government and are responsible for helping the unemployed find jobs or get training. They also provide a service for businesses needing to advertise a vacancy and are generally free to use. Job advertisements – Advertisements are the most common form of external recruitment. They can be found in many places (local and national newspapers, notice boards, recruitment fairs) and should include some important information relating to the job (job title, pay package, location, job description, how to apply-either by CV or application form). Where a business chooses to advertise will depend on the cost of advertising and the coverage needed (i.e. how far away people will consider applying for the job Recruitment agency – Provides employers with details of suitable candidates for a vacancy and can sometimes be referred to as ‘head-hunters’. They work for a fee and often specialize in particular employment areas e.g. nursing, financial services, teacher recruitment Personal recommendation – Often referred to as ‘word of mouth’ and can be a recommendation from a colleague at work. A full assessment of the candidate is still needed however but potentially it saves on advertising cost. Any recruitment will be undertaken by the business owners as they will be responsible for any employees within the business. As both the owners have a professional manner and excellent communication skills with the ability to spot appropriate employees that are confident with a positive attitude. Business owners will also be responsible of all the legal aspects and will have to know all the age categories for employment and pay at least the minimum wage to any employees. Every employee will have to be issued with the terms and conditions of the business that will have to be signed and returned to the business owners, which will then confirm the employee agrees with the conditions of employment. In order for quality control and quality assurance to be maintained I will ensure to provide a good standard of equipment such as blending machines, and employees are of a high standard. If we did ever need to recruit we would use job advertisements as it is cheap and effective as many people look in the newspaper and in shop windows for jobs. Minimum wage The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. The national minimum wage has risen around two percent in each age category. The government has extended the adult minimum wage rate to 21 year olds from October 2010. Previously the qualifying age for the National minimum wage was 22. The National Minimum Wage threshold applies to the following: * à ¯Ã‚ ¿Ã‚ ½5.93 an hour for workers aged 21 and over * à ¯Ã‚ ¿Ã‚ ½4.92 an hour for workers aged 18 to 20 * à ¯Ã‚ ¿Ã‚ ½3.64 an hour for workers aged 16 to 17 Once my business has expanded and I feel that I can start employing new staff, it is vitally important that I acknowledge and apply the national minimum wage rates to all my employees so that I am not breaking the law. To ensure staff are kept happy we will always pay them an amount over the national minimum wage to each age category, this is because I want to gain respect and trust from my staff. I will make sure my staff receive a Christmas bonus and in times where my business is making a lot of profit I may offer them bonuses. National Insurance Business owners will also be responsible for ensuring that all of the employees hold a national insurance number otherwise we could be breaking the law. If I did end up employing staff they would have to pay into the National Insurance contribution to HMRC. NICs are calculated and deducted within an employer’s payroll system. Due to my business being small this would have to be paid on a regular basis. Physical Resources Physical resources are the resources that are available to a business. This could be the things that are needed to run the business each day for example machinery. Physical resources include machinery, equipment, premises and materials. If a business does not have premises they may not be able to establish and customers will not know about them, this is why it is important for a business to have premises. Premises are important as businesses need to sell products or run a service. If this isn’t the case then people may decide to run their business from home as it is cheaper and you don’t need to buy or rent new premises. There are drawbacks to this though as the customer may find it hard to find the house as it may be in an area that is not so familiar to them or it may cause problems within the family. I chose to locate my premises in Almancil. The rent per month is à ¯Ã‚ ¿Ã‚ ½600 and the premises are in good condition. There is a customer car park, a kitchen, a bar area and toilets for both customers and staff. The reason for choosing these premises was because it is relatively cheap and in the middle of the town which is very busy. Customers will not have to park their cars on the road as there is a car park and also I could advertise my business in the town. I live close to the premises so I will have easy access to it and it is nearby the motorway. I will have to abide by some rules to keep the business safe and secure: à ¯Ã‚ ¿Ã‚ ½ To be on the safe side I am going to have CCTV to do this I need to tell the information commissioner. à ¯Ã‚ ¿Ã‚ ½ As my business grows I may need to hire more people. I will have cleaning materials that are highly flammable so because of these I will need a fire certificate. à ¯Ã‚ ¿Ã‚ ½ Because my business is a milkshake bar and I am putting food into the milkshakes I will need a food premises registration. à ¯Ã‚ ¿Ã‚ ½ I will also need a performing right society. This is a license that allows me to play music in the background I can’t play music in the background because it is copy right I can’t play someone else’s music without a license. If I don’t get a license I can always just play the radio. I also have to abide by the rules of the food industry this is also required by law: à ¯Ã‚ ¿Ã‚ ½ The General Food Regulation. This is the legalisation in the UK in line of requirements of the EC regulation and to keep human health. It also helps attract customers. à ¯Ã‚ ¿Ã‚ ½ Food safety. I am required to keep certain foods at a certain temperature. à ¯Ã‚ ¿Ã‚ ½ Food colouring regulation. It helps control and limits the/use of colouring in the food I sell. à ¯Ã‚ ¿Ã‚ ½ Genetically modified novel foods. A novel food is defined as a food or food ingredient that does not have a significant history of consumption within the EU before 15 May 1997. Machinery With my loan I will purchase three blending machines at the start up of my business. The machines are a vital necessity to my business and it is my job to make sure that they are of a high quality and in full working order. My blending machines will need to be eye catching and appealing to the customers as they will be surrounded by chocolate bars, otherwise I may not make as many sales as expected and this could lead to debt because if I am not making enough money I will not be able to pay back the bank loan which will then lead to a bad credit history. I will have a fridge and freezer to keep the milk and ice cream cold. Stock It is not good to have too much stock as it can go off but in my case the chocolate bars normally last for a while so that shouldn’t be a problem but milk and ice cream can go off easily so I need to make sure it is kept in the fridge or freezer and does not go out of date. On the other hand I don’t want to have too little stock as a customer might ask for something and we may not have it and this can mean a loss in profit as the customer may go somewhere else. Throughout my research into stock I found it extremely hard to find a supplier that provides milkshake ingredients. When I found a suitable supplier I found that it was a little high in price. So I decided that I would continually research the milkshake market place to source new stock to find the most extensive range of high quality products and provide a comprehensive choice of chocolate. I am aware that a healthy balanced diet is important to help maintain a healthy body weight and reduce the risk of diseases such as heart disease, cancer and diabetes. A healthy diet should include bread, potatoes, cereals, fruits and vegetables, together with moderate amounts of milk, dairy products, meat, fish and small amounts of foods containing fat and sugar. Food from the largest groups should be eaten most often and foods from the smallest group should be eaten least often. My milkshakes will mostly contain milk which is a vital ingredient that the body needs; Vitamin A. I will visit lots of different wholesalers such as Costco, Makro, Break brothers etc., to find the highest quality ingredients and also to get the best value for money. However quality is the key. Finding the best products is as important to me as it is to the customers, which is why I will always look for food whose origin is recognized worldwide for its excellence. Financial resources A business requires finance to survive. All new businesses start up differently, some find that they need help from outside such as bank loans, others start up without borrowing a penny. If a business does decide they want to borrow money they should know how much they need, what it will be used for and how they will repay it. Cash flow forecast is what the business predicts to spend and it’s not likely that it will be an exact reflection of the way the businesses financial year works out to be. It will however serve as a plan to work for the future. Breaking down the first year into a monthly financial period will help the business work out their income and outgoings will compare in each period. This lets the business know when their borrowing requirement will be at its best. The business needs to be confident that it will generate enough money to repay the lender. The forecast will also help with this. It is a tough economic climate at the minute with the credit crunch. So lenders are more reluctant to lend new businesses money. In order to get them to give businesses money they need to be sure that they will get their money back. So if a business is not clear about how much they want to borrow, how you it’s going to be paid back and if there is no security on the offer they will not hand out any money. This is why it is vital that the business has an idea of they need. A good way to do this is to have a business plan. When we first start up our business we need to know how much start up capital is needed. Start up capital is the money that my partner and I invest into the business to start it off. A loan can be taken up to pay off the start off capital or me and my partner can pay, or if the owner can only afford a certain amount then the bank will contribute and pay the rest of the money needed. The legal form of the business will determine how much capital can be invested. A public limited company can raise capital from a stock market issue of share, when it ‘floats’ as a new company, the public can buy shares. A limited company can also raise capital through a specialist ‘Venture Company’ which can purchase shares, but conditions are attached. /limited companies can also raise capital from Business Angels. This is a picturesque term used for wealthy individual who invest in the start-up and growth of businesses in return for a share and sometimes an active part in the company. Business Angels will often have already made a fortune through other business ventures and will possible run a business of their own. A loan may also be taken out for the start up costs of the business and the bank will match whatever the sole trader has put into the business. When decided which source of finance I am going to use for my business I will need to take into consideration that there are many different things I can choose from. So to choose the right Loan for my business I need to do a lot of research into what each source does. Term loans are the most common general purpose loan. They are used for working capital, expansion, refinancing, and acquisitions. You can repay them monthly over a term based on the expected lifespan of the assets you’re purchasing. This straightforward loan is most common for larger amounts. Short term loans are almost always set up for terms of one year or less, and are repaid in a lump sum at the end of the term, instead of monthly. They’re usually for smaller amounts – less than à ¯Ã‚ ¿Ã‚ ½100,000 – and are best for seasonal inventory build up or small investments with quick returns. Equipment financing is generally easier to obtain than general lines of credit, simply because the equipment you buy serves as direct collateral for the loan. It is also less risky, in that if you are unable to make your payments, you don’t have a lien against your entire business or your personal real estate: all you lose is the equipment you bought. Depending on the size of your business, equipment financing can cover huge expenses into the millions of dollars. Bank Business Loan A Business loan is a fixed medium-term loan, typically for between 3 & 10 years, it only covers the purchase of the capital items such as machinery and initial start up stock, as well as any vehicles needed to run and provide the business. Interest is charged on any bank loan and the rate depends on UK base rate. Private Loans A member of family may provide a loan towards the capital, however this only normally occurs when a small business is owned by a sole trader, except if a sole trader has an extremely wealthy member of their family. I may need some assistance when investing my half of the capital and may borrow from a relative; this then means I will not be paying any interest and I will be able to pay back any money I can afford to when I like. Long terms of finance Share capital: This is the most important source of finance. Share sales can raise large amounts of money known as issue shared capital. The maximum amount of money stakeholders want to raise is known as authorized share capital. This is because it is not repaid by the business. When the share has been sold the buyer is entitled to dividend. Sometimes a business may need to retain profit to help with future activities. Share holders can make a capital gain by selling their share for a higher price. Shares are usually sold back to the business. Public limited shares are sold in a market called the stock exchange. Loan capital: This can come from a number of resources: à ¯Ã‚ ¿Ã‚ ½ Debentures- This is a creditor of the company meaning that holders are entitled to an agreed rate but have no rights to vote. The amount that was borrowed must be repaid on a certain date. à ¯Ã‚ ¿Ã‚ ½ Mortgage- Limited companies can raise money from share and debentures. Small enterprises need long term funding, in order to buy premises. à ¯Ã‚ ¿Ã‚ ½ Industrial loan specialist- Many organizations provide funds for business and commercial purposes. These specialists cater for businesses with difficulties in raising funds from conventional sources. Over the years there has been a growth on venture capitalists. The give funds to small and medium sized businesses that have potential but are too risky for investors. Government assistance Another form of financing for business start-ups is promoted by the UK Government, through the DTI (Department of Trade and Industry) which provides assistance to new and expanding businesses in the form of grants and loans. This assistance is known as SFI (Selective Finance for Investments in England) it is designed for business operating or planning to operate in the designated assisted areas. However there is another newer scheme called the Enterprise Capital Funds which provides share capital finance for small growth orientated businesses. Short terms of finance Bank Loan Loans require an agreement between the borrower and the bank. The borrowed amount must be repaid over a certain period of time. Usually bank loans are short or medium term. Banks aren’t keen on long term lending because of their need for security. Banks will sometimes change overdrafts into loans so that businesses are forced to repay at regular intervals. Hire Purchase This is mostly used by small businesses to purchase machinery and plants. A higher purchase agreement needs a down payment by the borrower. They agree to repay the remainder in instalment over a certain payment. If the buyer falls behind on payments the finance house can repossess the item. Finance houses are less selective than banks. Trade Credit Businesses often buy raw materials and pay for them later. They usually pay within in 30-90 days. Paying using trade credit appears to be an interest free way of raising finance. It is profitable during periods of inflation. Many companies encourage early payment by offering discounts. Leasing- This is a contract for a business that requires the use of resources such as property machinery or equipment but in return they must get regular payments. The ownership never passes to the business in this type of finance. With a finance lease the agreement is usually for three years or more and at the end the business is given the choice of buying the resource. An operating lease is a short agreement and the payments are treated as revenue expenditure. Capital is the money invested in a business made by the owners. The legal form of my business will determine how much capital can be invested. Since my business is a partnership we will have to make up our capital with a personal contribution as well as a loan from the bank. It is vital for me to show the bank that I am also making a contribution to the start up of my business otherwise the bank will not provide me with the loan that I need. I will be taking out a bank loan of à ¯Ã‚ ¿Ã‚ ½12,000 to cover some the start up costs of my business. This is due to the fact that I need machines: to make my product, initial stock: to start up with, EPOS and money to advertise. What is a Bank Business Loan? A Business loan is a fixed medium-term loan, typically for between 3 & 10 years, it only covers the purchase of the capital items such as machinery and initial start-up stock, as well as any vehicles needed to run and provide the business. Interest is charged on any bank loan and the rate depends on UK base rate. For my business I will be taking out a Bank Business Loan of à ¯Ã‚ ¿Ã‚ ½12,000. The loan has 4 year term paying à ¯Ã‚ ¿Ã‚ ½250 a month. I decided on a four year loan as I did not want my business to go into a negative cash flow. As I would then not have enough money to restock and could lead to my business failing also making a less amount of repayments each month allows me to keep on track of my finances. I believe that taking out a business bank loan is the best option for me because I can pay the money back monthly instalments and to keep track of my financial resources I have created a cash flow forecast along with a table to show the money coming in and going out each month. To ensure that I am managing my resources properly at the end of each month I would analysis the table and make a summary of the situation I am in at that time (whether or not I am ‘financially healthy’). I will also be able to determine what I can do with the business in order to improve and progress it. I can do this using my cash flow forecast which has an estimated recording of my income and expenditure and can be changed at any time for instance if I realised my stock was costing me less than I thought I am able to justify it with the correct amount. It is vital for me to monitor my finance due it enabling me to make more sensible choices when investing my money back into the business.