Management, Dismissal And Tribunals Flashcards
Define management
The process of coordinating the activities of a business in order to achieve defined objectives
What is meant by functions of management
The set of core activities which define the role of managers in a business environment
What are the functions of management
- Planning
- Organising
- Directing
- Controlling
What is meant by planning
Deciding what they want to achieve (making decisions)
What is meant by organising
Taking action to proceed with the plan
What is meant by directing
Giving duties to people
What is meant by controlling
Ensuring the work is done
Is a manager and a leader the same thing?
No, a manager is In a position of authority, but may still have traits of a leader
A leader is not in a position of authority over others
What is meant by management constraints
Limitations or restrictions
How might a managers success be measured
- Ability to make decisions
- Ability to motivate team
- Level of labour turnover/absentee
- Profit
- Customer feedback
What constraints could prevent a manager from being successful
- Resources available
- Structure of organisation
- Budget
- Strength of competition
- Own ability to manage and motivate
What is meant by redundancy
A form of dismissal that occurs when employers need to reduce their workforce and so a position no longer exists
What is meant by dismissal
Termination of the contract of employment of an employee, often as the result of a disciplinary procedure
What is meant by unfair dismissal
Where an employee is dismissed without a valid reason or without the employee following the correct disciplinary procedure
What is meant by fair dismissal
Where an employee is dismissed with a valid reason and the employee follows the disciplinary procedure
What 2 actions can lead to on the spot fair dismissal
- Gross misconduct
- Gross negligence
Examples of gross misconduct
Stealing
Being drunk
Physical violence
What is meant by gross negligence
A lack of regard for safety
What are the 4 actions valid for fair dismissal, assume disciplinary procedures are followed
- Poor conduct
- Incapacity
- Capability
- Reduncdancy
What is meant by poor conduct
Failing to perform tasks requested by manager or lateness
What is meant by incapacity
Being too ill to work on a regular basis or for a long period of time
What is meant by capability
Repeated inability to do the work required, or a major incident such as losing a valuable client
How may any other substantial reason for fair dismissal be decided
Through employment tribunal
What are examples of reasons for unfair dismissal
- Maternity/paternity leave
- Whistle blowing
- Discrimination
- Trade union membership
- Industrial action
What is meant by whistle blowing
Bringing to attention a worry or reason to believe that malpractice has taken place in an organisation, to a person in authority
What is the correct dismissal procedure, according to ACAS
1) First verbal warning
2) First written warning
3) Final written warning
4) Dismissal
All action should be in writing and result in a formal meeting
Is this dismissal procedure in law?
No, but it is suggested by ACAS and is often used as a template during a tribunal
What does ACAS stand for
Advisory, Conciliation and Arbitration service
What does advisory concern
Impartial advice and support
What does conciliation concern
A mediation service
What does arbitration concern
Making a final decision in disputes
What is unconscious bias
When certain employees are favoured over others, due to many factors such as personal relationships, background, ethnicity and age
What are examples of advised methods to avoid unconscious bias
Not rushing decisions, being aware of any bias and not stereotyping people
What is a greivance
When an employee has a complaint, concern or problem
What does ACAS suggest an employee does if a grievance exists
- Raise issue informally
- Formally our this in to writing if no action is taken
- Consider a tribunal
What is an employment tribunal
A special court dealing only with employment law
What is the purpose of an employment tribunal
- Resolve disputes that can’t be settled out of court
- Clear businesses of wrongdoing or compensate employees for wrongdoing
- Act as a deterrent to employees so prevent unfair practices
Examples of impacts of employment tribunals to business
- Time and resources
- Legal costs
- Compensation costs (possibly)
- Possible reputation damage (if it is settled outside of court it is not in public knowledge)
