Employer/Employee Relationships Flashcards

1
Q

What is the difference between dismissal and redundancy?

A
Dismissal = leaving the business due to a breach of the agreed terms and conditions this could be absenteeism, gross misconduct, theft of property or company money 
Redundancy = leaving due to restructuring of business this is less forced as sometimes volunteers as employees leave as the job becomes obsolete
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2
Q

What is dismissal?

A

Because of break of contract or unacceptable behaviour. May be considered unfair and subject to legal claims.

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3
Q

What is redundancy?

A

Losing a job as it isn’t required which required consultations and redundancy payments.

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4
Q

What is a financial difference between a dismissal and redundancies?

A

Not entitled to a payout
Dismissal = not entitled to a payment
Redundancy = legally required to pay after leaving for a short while depending on the staffs input.

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5
Q

What is industrial action?

A

Action taken by the employees of a company as a protest.

- example this could be a strike or work-to-rule

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6
Q

What are the main methods of industrial action?

A

1) industrial action
2) overtime ban
3) go-slow
4) strike

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7
Q

What is working-to-rule?

A

Employees following strict conditions of their employment contract - no voluntary overtime, no participation in supporting activities

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8
Q

What is an overtime-ban?

A

Employees refuse to work additional hours. Can have a significant effect on production capacity during period of peak demand.

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9
Q

What is go-slow?

A

Employees work at the slowest or least-productive pace that is allowable under their employment contracts.

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10
Q

What is a strike?

A

The action of last resort; fraught with danger for both employer and employee and strictly policed by legislation.

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11
Q

How do the business suffer from industrial action?

A
  • lost sales and profits from the lost output
  • damage to customer satisfaction
  • an internal distraction for a management and business from the main aim
  • damaged relationship with staff , affecting motivation, productivity
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12
Q

How do the employees suffer from industrial action?

A
  • lost pay
  • potential loss of jobs if the action results in action to cut costs
  • risk that illegal action with result in legal proceedings
  • disruption and potential tension within the working environment following industrial action
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13
Q

How does a company avoid industrial disputes?

A

REGULAR COMMUNICATION :

  • regular consultation with trade union
  • staff forums -> pass on info
  • employee consultative body -> discuss major issues
  • team and group meeting and feedback sessions
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14
Q

What is work council?

A

A group of employees representing a workforce in discussions with their employers

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15
Q

What do work councils have in their agenda?

A
  • business objectives and performance
  • workforce planning issues (eg recruitment)
  • employee welfare issues (eg working condition)
  • compliance with legislation
  • Training and Development programmes
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16
Q

What is A.C.A.S?

A

Advisory
Conciliation
Arbitration
Service

17
Q

What do A.C.A.S do?

A

Help manage industrial disputes through :
Conciliation
Arbitration
Mediation

18
Q

What is Mediation?

A

Where the aim is to restore and maintain the employment relationship
Used in early stages
Agreement aren’t legally required but usually carried out.

19
Q

What is conciliation?

A

When the parities to come to an agreement between themselves and avoid stress and expensive if contesting the issues at an employment tribunal.

20
Q

What is an employment tribunal?

A
Responsible for hearing claims from people that believe they have been treated unfairly by their employer,
This could be :
Unfair dismissal
Discrimination
Unfair dedications to pay
21
Q

What is arbitration?

A

Where the two parties involve an outsider that is asked to make a decision based on information gathered on a dispute.

  • this is alternative to court of law
  • this is voluntary
  • this is final and has to abided by
22
Q

What is the power of each stage that A.C.A.S do?

A

Most power = arbitration
Middle - conciliation
Least power - mediation

23
Q

What is employee representation?

A

Arises when employees are involved as part of a formal structure in the decision-making process of a business.

24
Q

Why must employees be consulted?

A
  • Its a legal requirement
  • Useful in redundancy programmes
  • When employees are transferred from one employer to another
  • On changes to pension arrangements
  • Proposed changes to working conditions
25
Q

What benefits to employee representation?

A
  • Increased empowerment and motivation of the workforce
  • Employees become more committed to the objectives and strategy of the business
  • Better decision making because employee experience and insights taken into account
  • Lower risk of industrial dispute
26
Q

What are drawbacks of employee representation?

A
  • Time-consuming potentially slows decision-making
  • Conflicts between employer and employee may be a block to essential change
  • Managers may feel their authority is being undermined
27
Q

What is the difference between collective bargaining and individual approach?

A
Individual = individual approach, worker and manager sits face to face discussing issues, including pay, hours, responsibilities
Collective = a representative off all workers meeting with manager to discuss terms of employment, this ma be a union representative, the representative has great power, if this negotiation fails then there may be more action eg strikes, sit ins, work-to-rule
28
Q

What is collective bargaining?

A

negotiation of wages and other conditions of employment by an organised body of employees.

29
Q

What is individual approach?

A

is the process by which an employer and an employee negotiate an individual contract of employment

30
Q

What is a sit-in?

A

form of direct action that involves one or more people occupying an area for a protest, often to promote political, social, or economic change.

31
Q

What are facts about individual bargaining?

A
  • look after individual needs
  • paid according to input rather than group sum
  • better for employees with substantial skill and negotiating skills
  • develop employees through training and development
  • some firms font recognise the Trade Unions so follow this
32
Q

What are facts about collective bargaining?

A
  • between managers and representatives
  • trade unions
  • over pay and conditions
  • Employer has to recognise right of Trade union
  • Any deals are for the entire company
  • Employment Relations Act 2000 said representing 50% of workforce must be given recognition
33
Q

What is a trade union?

A

an organisation of workers established to protect and improve economic position and working conditions of its members eg National Union of teachers

34
Q

What are the main functions of a trade union?

A

To represent and negotiate

35
Q

What is representation in a trade union?

A

represent and protect interest of employees

36
Q

What is negotiate in a trade union?

A

negotiate of behalf of employees with employer.

37
Q

What are the main roles of trade unions?

A
  • protect and improve the real incomes
  • job security
  • protect against unfair dismissals
  • better working conditions
  • offer range of work-related services
38
Q

What are methods of communicating with staff?

A
  • regular consultation with trade union
  • staff forums -> pass on info
  • employee consultative body -> discuss major issues
  • team and group meeting and feedback sessions
39
Q

What is the only authority an employer has over employees?

A

To have a lockdown - employees aren’t allowed into work