Employer/Employee Relationships Flashcards by Andrew Sharman

What is the difference between dismissal and redundancy?

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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What is dismissal?

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

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What is redundancy?

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

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What is a financial difference between a dismissal and redundancies?

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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What is industrial action?

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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What are the main methods of industrial action?

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

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What is working-to-rule?

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

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What is an overtime-ban?

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

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What is go-slow?

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

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What is a strike?

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

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How do the business suffer from industrial action?

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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How do the employees suffer from industrial action?

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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How does a company avoid industrial disputes?

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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What is work council?

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

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What do work councils have in their agenda?

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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What is A.C.A.S?

Advisory
Conciliation
Arbitration
Service

What do A.C.A.S do?

Help manage industrial disputes through :
Conciliation
Arbitration
Mediation

What is Mediation?

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

What is conciliation?

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

What is an employment tribunal?

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

What is arbitration?

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

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

Most power = arbitration
Middle - conciliation
Least power - mediation

What is employee representation?

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

Why must employees be consulted?

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

What benefits to employee representation?

- 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

What are drawbacks of employee representation?

- 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

What is the difference between collective bargaining and individual approach?

``` 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 ```

What is collective bargaining?

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

What is individual approach?

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

What is a sit-in?

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

What are facts about individual bargaining?

- 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

What are facts about collective bargaining?

- 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

What is a trade union?

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

What are the main functions of a trade union?

To represent and negotiate

What is representation in a trade union?

represent and protect interest of employees

What is negotiate in a trade union?

negotiate of behalf of employees with employer.

What are the main roles of trade unions?

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

What are methods of communicating with staff?

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

What is the only authority an employer has over employees?

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