Lecture 11 End of Employment Flashcards
What are industrial relations/ employment relations?
A study between the ongoing relationship and interaction between employees and employers
Relation based on the formal contract and the psychological contract
What do Walsh and Bott say in Leopold et al 2005 about managers rights?
Managements right to manage and dispose of human resources… obliged to conform to a legal definition or interpretation of ‘reasonable’ standards of management conduct (Walsh and Bott in Leopold et al 2005)
What does redundancy signify according to Walsh and Lugsden in Leopold et al, 2005:250?
Redundancy signifies the contract of employment that hitherto has bound both parties in a work-based relationship of mutual obligation and responsibility (Walsh and Lugsden in Leopolld et al 2005:250)
What are reasons for the employer initiating the end of the relationship?
- end of contract
- dismissal- capability/conduct
- redundancy
What are reasons for employees initiating the end of the relationship?
- resignation
- retirement
- natural wastage
What factors might affect employee leaving decisions?
Push and pull factors
Give some pull factors that might make the employee leave
Better prospects in terms of career and salary
Improved work life balance
Give some push factors that might make an employee leave
Working conditions
Stress
What do Armstrong and Taylor say about dismissal?
‘Dismissal takes place when an employer terminates the employment of someone with or without notice’ (Armstrong and Taylor, 2014:258)
What conditions of dismissal should be followed according to Armstrong and Taylor?
‘Dismissals should be handled in accordance with the following principles of natural justice:
-individuals should know the standards of performance that they are expected to meet and the rules of which they are expected to conform and should be given a clear indication of where they are failing or what rules have been broken
Except in cases of gross misconduct, they should be given an opportunity to improve before disciplinary action is taken (Armstrong and Taylor 2014:259)
What are the 3 types of dismissal?
Fair dismissal
Unfair dismissal
Constructive dismisal
What is the impact of dismissal on the rest of the workplace?
Positive (carrying out an equitable and fair process)
Negative (perception of unfairness in decisions taken)
Importance of natural justice
On what grounds can an employee be dismissed?
Misconduct (gross misconduct) Incapability or lack of qualifications Continued employment in breach of statute 9e.g driving without a licence, work permit breaches) SOSR Redundancy
What does SOSR stand for?
Some other substantial reasons
Give some examples of SOSRs
Pressure from an external source to dismiss
Re-organisation of the business
Mistaken belief
Breakdown of the working relationship
What are the rights of dismissal under UK law?
Every employee (UK) has the right not to be unfairly dismissed if: They have a contract of service They have 2 years service if employed after 6/4/2012 (not in discrimination cases-rights from day 1) Some exceptions Compromise agreements (confidentially clauses)
What does Lewis et al (2013) say that unfair dismissal is usually due to?
Trade union membership/ activities or non-union membership
Pregnancy or maternity grounds
Health and safety grounds
Assertion of the employee’s statutory rights
Spent convictions
TUPE
Not following procedure