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The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Concerns about the overuse, misuse and potential abuse of restrictive interventions used to manage people who may exhibit behaviour described as challenging led to revised guidance in England. The purpose of this paper is to examine the implementation of this guidance in organisations providing services for people with learning disabilities.

A survey collected data from professionals, on leadership, data use, staff issues and post-incident review.

Most senior leaders were seen as acting on the guidance. Data collected were regarded as generally accurate, but less than half of the managers were seen as likely to respond to consistently high or increasing use of restrictive practices. Frontline staff and managers were seen as very significant for reducing restrictive practices. Uncertainty was shown regarding the goals and activities needed to provide post-incident review.

This exploratory survey may be useful for organisations wanting to audit their implementation of government policy and/or for research on a wider scale to indicate how well societies are implementing policy to reduce restrictive practices. Further research on the survey’s validity and reliability is required.

Further action is needed to encourage all organisations to implement best practice and government policy. This survey showed that some organisations appear to be committed to and potentially achieving reductions in restrictive practices.

This paper describes the first survey designed to evaluate organisational efforts to implement an important policy initiative.

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

This study aims to investigate the characteristics of learning environments and the related human resource (HR) practices in two Hungarian information technology (IT) companies. The aim of the contribution is to provide an empirical in-depth analysis of how learning environments are being created and managed in knowledge-intensive small- and medium-sized enterprises.

This study is based on the analysis of two company case studies. Relying on semi-structured interviews, the following research question was formulated: Are knowledge-intensive organisations necessarily accompanied by an expansive learning environment and HR practices consistent with that?

The lessons learned from the two case studies indicate that there is no direct link between knowledge-intensive work and an expansive learning environment. The establishment of a specific type of learning environment is rather connected to the types of knowledge being used in the labour process and the management’s perspective on learning and development. It also implies that companies, instead of representing unified models, may combine various elements of an expansive and restrictive learning environment.

The originality of the findings of this study lies in the interpretative linking of learning environments and HR practices in medium-sized IT companies.

The majority of previous studies on parental feeding practices have focused on the effect of controlling feeding strategies on child eating and weight (i.e. parental influence on children). The present study turns the arrow in the opposite direction, and it aims to test a child-responsive model by exploring the process in which child weight status might influence parental feeding practices, addressing potential mediating effects of parental concern for child weight (i.e. child influence on parents).

A cross-sectional survey was performed among parents of 10- to 12-year olds (n = 963). The survey questionnaire included measures of parental feeding practices and parents’ reports of child weight and height. Stepwise regressions were performed to reveal potential mediating effects of parental concern for child weight status on the associations between child BMI and a wide range of parental feeding practices.

Our results suggest a mediating effect of parental concern for child overweight on the associations between child body mass index and controlling feeding practices such as restriction for weight and health purposes and responsibility for determining child portion sizes.

This study provides an extension of previous research on parental feeding–child weight relationship. It includes a wider spectrum of feeding variables, and integrates parental concern for both child who is overweight and child who is underweight as potential mediators of the associations between child weight and parental feeding practices. Moreover, it has its focus on preadolescent children, while previous studies have focused on infants and young children.

Resistance to technological change is less violent now than the machine‐smashing episodes of the last century. But the actions — or inactions — of today's ‘Luddites’ are potentially more damaging to industrial development. Stanley Alderson looks at the background to the latter‐day men versus machines conflict and suggests ways in which it can be resolved.

During the recent recession, Australian organizations have undergone major changes focused on improvement of organizational competitiveness. In Australian public sector organizations, strong government control, stringent legislation and powerful trade unions make it extremely challenging to bring about meaningful restructuring. Describes how successful reform and restructuring was implemented in the public transit system in New South Wales. In 1988, the State Transit Authority of New South Wales had 6,600 staff and incurred an operational loss of more than $70 million. Five years later, it had only 3,800 employees and in the financial year 1991‐92, returned a dividend to the government. Discusses the general management and human resource management strategies which were used successfully to implement change at the State Transit Authority of New South Wales.

This paper aims to provide new evidence that the US phytosanitary regime is associated with a restrictive market access environment for fruit and vegetable products. One chief reason seems to be that the US regime uses a positive list approach, under which only authorized countries can export.

The methodology of the paper is primarily qualitative. This paper reviews the US sanitary and phytosanitary measures (SPS) system and its scope for use to protect markets, in addition to protecting life and health. The approach is institutional and political economic.

For most products, only a portion of global production is authorized for export to the USA. Even among authorized countries, only a small proportion is actually exported. As a result, the number of countries exporting fresh fruit and vegetables to the USA is far lower than those exporting to countries like the EU and Canada, but it is on a par with markets known to be restrictive in this area, such as Australia and Japan. Using a data set of fruit and vegetable market access and political contributions, this paper also provides evidence showing that domestic political economy considerations may influence the decision to grant market access to foreign producers.

The US SPS system has not previously been analyzed in this way, and the distinction between negative and positive list approaches is highlighted in terms of its implications for third-party exporters. Similarly, the analysis of political contributions is novel and suggestive of an important dynamic at work in the determination of the US policy.

The subject of resale pricing is a hot topic in franchising, due to its links with chain homogeneity and franchisee autonomy. The franchisee is bound by current legislation and regulations, in addition to respecting the franchise contract clauses, to the extent that they are lawful, and potentially opposing contentious professional practices. Focusing on resale prices, we cover these three perspectives, that is, legal, contractual, and professional constraints, using a dual approach based on managerial and legal perspectives and illustrating our arguments using examples from European and French cases.

We illustrate our arguments using examples from European and French cases.

We pointed out that the ban on the practice of imposed resale prices presents several advantages (e.g., integrity of franchise chains, chain’s commercial dynamism).

Our paper contributes to the stream of franchising literature dealing with resale prices.

Our paper can be viewed by franchisors, franchise experts, franchisees, and franchisee candidates as a synthesis of the impact of European and French regulations on resale price-based practices to be adopted in franchise chains. It also highlights practices to be avoided in order to prevent potential conflicts.

We use a dual approach based on managerial and legal perspectives to explore resale prices in the context of franchising.