Employer/employee relations Flashcards

1
Q

Explain what is meant by employer/employee relations

A

The relationship between the employer and employee.

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2
Q

What is employer/employee relations also known as?

A
  • Industrial relations/ employment relations.
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3
Q

What legislation affects the employer/employee relationship?

A
  • Contracts of employment
  • Minimum wage
  • Health and safety
  • Equality act
  • Data protection
  • Dismissal
  • grievance
  • Relevant European directives
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4
Q

What does The Equality Act of 2010 state? and what is the definition of discrimination?

A

The equality act 2010 legally protects people from discrimination in the workplace and in wider society.

-Discrimination - treating a person unfairly because they possess certain characteristics.

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5
Q

What are the protected characteristics for the equality act?

A

It is illegal in the UK to discriminate on the basis of any of the following:

  • sex
  • gender reassignment
  • pregnancy and maternity
  • marital/civil partnership status
  • disability
  • race/ethnicity
  • age
  • sexual orientation
  • religion/belief
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6
Q

What is the definition of dismissal?

A

Termination of the contract of employment of an employee, often as the result of a disciplinary procedure.

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7
Q

What is the definition of grievance?

A

A grievance exists when an employee has a concern, complaint or problem.

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8
Q

What is the Health + Safety at Work Act (1974)?

A

An employee’s health, safety and welfare at work are protected by law.

  • Since 1993 all employers have been required to make estimates of workplace health + safety risks and to take steps to manage and minimise them.
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9
Q

What must a business do in order to comply with the Health + safety law?

A
  • Ensure the building is safe - entry + exit.
  • Co-ordinate the whole system of work so that it is safe.
  • Ensure temperature in the working environment is within certain limits.
  • Fit guards onto machinery to prevent accidents.
  • Provide training in any hazards associated with the work.
  • etc
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10
Q

What must employees do in order to comply with the Health + safety law?

A
  • Take reasonable care of their own health + safety and other who could be affected by their actions.
  • Comply with lawful instructions relating to safety matters.
  • Not interfere/misuse anything provided for health + safety purposes.
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11
Q

What is the Data Protection Act 1984?

A

Businesses will need to keep employment-related records on its employees, but it is not allowed to disclose this information to other individuals within the business or another organisation.

  • The Act is designed to prevent harm resulting from the misuse of any data that is held.
  • The Act tries to balance the need for a business to process essential information with the individual’s right to privacy.
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12
Q

What are the principles of holding data.

A
  • Data must only be kept for the specified purposes.
  • Individuals are entitled to reasonable access to any data relating to them.
  • Data can only be passed to a third party with the consent of the individual concerned.
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13
Q

What does an employer have to provide an employee with legally?

A

Anyone who is classes as an employee has the right to a written document summarising the main terms of their employment.

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14
Q

What is a contract of employment?

A

A written statement of employment particulars.

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15
Q

Explain what is meant by employee participation

A

Employees have the ability to participate in the decision making process at work.

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16
Q

What is employee participation also known as?

A

Industrial democracy.

17
Q

What are two benefits of employee participation?

A

1) Increased levels of motivation - if employee feels their view counts. This may increase productivity + lead to greater acceptance of decisions since they have been a part + understand what the business is trying to achieve.
2) Improved quality of decision making - managers don’t know it all, employees know from direct experience where the real problem is. This information would be very useful especially planning for change. Therefore management decision making on issues like training is improved.

18
Q

What are the types of employee participation?

A
  • Industrial democracy

- Works council

19
Q

What is meant by works council?

A

A formal meeting of managers and employee representatives to discuss pay and working conditions, and to negotiate on issues like changes in working practices.

20
Q

Explain what is meant by a trade union

A

An organised association of workers often in a particular industry.

21
Q

Explain the role of a trade union

A

To resolve workplace issues by being the voice for employees and acting as a bargaining representative during negotiations.

-They provide assistance + services to their members as well as bargain for fairness.

22
Q

How do trade unions negotiate?

A

They negotiate fairness and issues like pay and working conditions with their power (usually large number of members).

23
Q

What is collective bargaining?

A

The official process + representative by which trade unions negotiate with employers, on behalf of their members.

24
Q

What are the two main functions of trade unions?

A
  • To represent their members and to negotiate with employers (collective bargaining).
  • Basic concept is that increased bargaining + negotiation power comes from acting together.
25
Q

What are two benefits of trade unionism to an employer?

A
  • Negotiating with trade unions saves time and costs rather than dealing with all employees individually.
  • Employee morale and motivation may be improved if they know that their interests are being protected by a union.
26
Q

According to UK law do businesses have to recognise a trade union? Explain the legal position of a business in relation to this matter.

A
  • Employers must recognise a trade union in pay and employment discussions when a majority of the workforce want to be represented and has voted for it.
  • If the majority vote for it then they have to recognise it.
27
Q

Outline reasons that membership of trade unions has declined.

A
  • There is significant growth in flexible working e.g. part time, temporary, seasonal - where employees see less need for union protection.
  • Growth in the number of small firms which tend not to recognise (or need) trade unions.
  • Decline in employment in manufacturing - where it is traditionally strong + increased employment in service sector where unions are less established.
  • Don’t need it as much as employers do the right thing.
  • Improved employee involvement in workplace so less perceived need for competitive bargaining.
28
Q

what are disadvantages of trade union membership to a business?

A
  • Wage costs- if productivity doesn’t rise as much as wages, firms unit cost will increase so less profits meaning less jobs.
  • Speed of change - negotiation takes time so will slow processes meaning change is slow + if no technology then change will be slow - less innovation. Takes longer because business has to go through the union to make changes.
  • Competitiveness - stops competitiveness as stops processes that may replace workers with technology + automation, so unit costs won’t decrease, so prices can’t be decreased.