Transfer of undertakings: the tension between business rescue and employment protection in corporate insolvency

Where a business becomes insolvent and its rescue is predicated on a going concern sale or transfer to another employer, there is a tension between employee protection and the rescue of insolvent but viable businesses. There is a consensus that employees deserve protection when the business that employs them becomes insolvent and is transferred to another employer on a going concern basis, yet extensive levels of employee protection can jeopardise going concern business sales by increasing the level of liabilities assumed by the purchaser. Business rescue and employee protection goals of insolvency law and employment law respectively are not inevitably incompatible. Opinions are divided, however, on the best means for achieving compatibility. This thesis uses theory to establish how the tension between these goals may be addressed. There is a perception that the European-derived provisions concerning the protection of employees’ rights, in the context of insolvent business transfers, are inimical to the rescue culture in the United Kingdom. While the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are necessary in ensuring that employees’ rights are not walked over during transfers of insolvent businesses, it is equally important that policy makers take into account the fact that the rescue and continuity of such businesses would yield a better result for the employees, in terms of job security, than would be the case if they are liquidated

Progress Notes

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Optimising the primary mental health care workforce: how can effective psychological treatments for common mental disorders best be delivered in primary health care?

The research reported in this paper is a project of the Australian Primary Health Care Research Institute, which is supported by a grant from the Australian Government Department of Health and Ageing under the Primary Health Care Research, Evaluation and Development Strategy

The Relationship Between Principal Longevity and Student Achievement in Middle Schools in New Jersey

The purpose of this study was to determine the strength of the relationship between principal longevity in New Jersey public middle schools (Grades 6, 7 & 8) and students scoring at Levels 4 (meets expectations) and 5 (exceeds expectations) on the 2016-2017 Partnership for Assessment of Readiness for College and Careers (PARCC) assessment in both English language arts and mathematics. This study used existing empirical data from the New Jersey School Report Card and Data Universe. To put this relationship into better context, eight independent variables were examined in this study: principal’s length of time in a school, principal’s overall experience as a building principal, total number of students in a school, percentage of students who receive free and reduced lunch, percentage of students in a school with disabilities, percentage of students in a school who are English language limited, percentage of students in the school who are chronically absent, and percentage of teacher attendance. The two dependent variables in this study were: percentage of students who meet/exceed expectations in English language arts and percentage of students who meet/exceed expectations in mathematics. As part of the conceptual framework, I built upon the work of Louis, Leithwood, Wahlstrom, Michlin & Mascall, Investigating the Links to Improved Student Learning (2010). I examined their summative findings in that principal turnover has a significant negative impact on student achievement. Moreover, their recommendation for further research in determining what length of continuity results in students’ highest academic achievement and if there is an upper limit of a principal’s tenure where academic performance declines warranted investigation. Results from this study revealed that three of the variables were statistically significant in all simultaneous and hierarchical regression models: percentage of students who receive free and reduced lunch, percentage of students in a school with disabilities, and percentage of students in the school who are chronically absent. In all instances, both variables of interest, principal’s length of time in a school and principal’s overall experience as a building principal did not have a statistically significant impact on the dependent variables, percentage of students who meet/exceed expectations in English language arts and percentage of students who meet/exceed expectations in mathematics. Insights gained by this research can provide policy makers, school boards, superintendents, and principals with a better understanding of the degree to which various factors impact student academic achievement. Variables that most impact student academic achievement can be utilized as guidance when developing future legislation and policy and in the intricacies surrounding principal selection, training, and retention

Developing a supplemental resource for trauma-focused cognitive behavioral therapist working with black American adolescents

The prevalence of trauma for Black American youth is disproportionate to other cultural groups. Child and adolescent exposure to interpersonal trauma has been found to increase the risk for both immediate and long-term mental health impairment. Research of childhood trauma has made clear the adverse effects of childhood trauma, and its’ lifelong impact in domains of psychological, interpersonal, and cognitive functioning. Trauma-Focused CBT (TF-CBT) is an evidence-based treatment that has repeatedly proven to be efficacious in the treatment of childhood trauma. By offering culturally mindful recommendations for treatment, this dissertation lends a potentially useful supplement to providers utilizing TF-CBT with Black American adolescents

Beliefs about worry and pain amongst adolescents with and without chronic pain

Funding: This work was supported by Bath Spa University funding (grant number HEQREW, to EW). Acknowledgments: We sincerely thank all the young people who completed our survey.Peer reviewedPostprin

Modeling Focused Ultrasound Exposure for the Optimal Control of Thermal Dose Distribution

Preclinical studies indicate that focused ultrasound at exposure conditions close to the threshold for thermal damage can increase drug delivery at the focal region. Although these results are promising, the optimal control of temperature still remains a challenge. To address this issue, computer-simulated ultrasound treatments have been performed. When the treatments are delivered without taking into account the cooling effect exerted by the blood flow, the resulting thermal dose is highly variable with regions of thermal damage, regions of underdosage close to the vessels, and areas in between these two extremes. When the power deposition is adjusted so that the peak thermal dose remains close to the threshold for thermal damage, the thermal dose is more uniformly distributed but under-dosage is still visible around the thermally significant vessels. The results of these simulations suggest that, for focused ultrasound, as for other delivery methods, the only way to control temperature is to adjust the average energy deposition to compensate for the presence of thermally significant vessels in the target area. By doing this, we have shown that it is possible to reduce the temperature heterogeneity observed in focused ultrasound thermal treatments