Channel 5 - Controlling performance (part 1) Flashcards
When does the H&S at Work Act apply?
UK companied employing more than five people
What are the keys areas of a health and safety policy statement that orgs need to prepare?
Provision and maintenance of risk free plants and systems of work
ensuring the safety in use, handling, storage and transport of articles and substances
provision of information, training, instruction and supervision
maintenance of a safe workplace
provision of a safe working environment.
What are the benefits of health and safety controls?
Employers’ legal obligations for health and safety are being met.
Cost savings – accidents and illness cost the employer money – legal damages and operating costs.
Company image – company does not want to be associated with a poor health and safety record.
To preserve the well-being of employees and others, improves employee morale, trust and motivation.
What is the main purpose of taking disciplinary action?
Achieve a change in behaviour of employees so that future action is unnecessary.
What situations where work norms might not be adhered to and which would cause problem if no remedial actions taken?
leaving work early, lateness, absenteeism
defective and/or inadequate work performance
breaking safety or other rules, regulations and procedures
refusing to carry out a legitimate work assignment
poor attitudes which influence the work of others or which reflect on the public image of the firm, such as improper personal appearance.
What is the disciplinary process?
Informal talk
Oral warning
Written or official warning first; second
Disciplinary layoffs or suspension
Demotion or transfer
How do you handle discipline?
Encourage improvement
Act promptly
Gather the facts
Is disciplinary action necessary?
Stay calm
Be consistent
Consider each case on its merits
Follow the disciplinary procedure
Suspension with pay?
What is a grievance?
Grievance procedures are not the same as disciplinary procedures. A grievance occurs when an employee feels they are being wrongly treated by superiors or colleagues e.g. unfair appraisal, discrimination, being picked on etc.
What is the grievance process?
The employee discusses the grievance with a colleague, staff or union representative
If the grievance is warranted, it is taken to the employee’s immediate superior
If that superior cannot help, then it is referred to the superior’s manager, at which stage HR should be informed
Distinction should be made between an individual and a collective grievance
The colleague, staff or union representative should be permitted to be involved
Timeframes and deadlines should be stated to resolve the issue or submit an appeal
What are employment tribunals?
Employment tribunals are independent judicial bodies, less formal than a court, established to hear and determine claims to do with employment matters. Their aim is to resolve disputes between employers and employees over employment rights
What three techniques could be used to resolve disputes without a tribunal?
Arbitration – an independent arbitrator hears the case and delivers a legally binding decision in favour of one party. It is used to decide cases of alleged unfair dismissal or claims under flexible working legislation
Mediation – an impartial third party facilitates discussion between the parties and encourages them to reach a mutually satisfactory conclusion.
Conciliation – this can be used to settle a dispute before it gets to a tribunal hearing. It involves trying to build a positive relationship between the disputing parties
What is a dismissal?
dismissal is described as termination of employment with or without notice by the employer, or in the case of constructive dismissal, resignation by the employee because the conduct of the employer was sufficient to be deemed to have terminated the contract by the employer’s actions. Dismissal without notice is usually wrongful dismissal, that is breach of the contract of employment; it may or may not also be unfair dismissal.
When is a dismissal fair?
a reason related to the employee’s conduct
a reason related to the employee’s capability or qualifications for the job
because the role was redundant.
because a statutory duty or restriction prohibited the employment being continued
some other substantial reason
What is redundancy and when is it justified?
Redundancy is a dismissal.
cessation of business
cessation of business in the place where the employee was employed
cessation of the type of work for which he or she was employed
What has globalisation changed in terms of staff?
the end of the ‘job for life’ ideal
a move from employee’s effort due to loyalty to the company towards effort expecting appropriate rewards
employees willing to look outside of the company for advancement opportunities
