Management, Dismissal And Tribunals Flashcards

1
Q

Define management

A

The process of coordinating the activities of a business in order to achieve defined objectives

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2
Q

What is meant by functions of management

A

The set of core activities which define the role of managers in a business environment

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3
Q

What are the functions of management

A
  • Planning
  • Organising
  • Directing
  • Controlling
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4
Q

What is meant by planning

A

Deciding what they want to achieve (making decisions)

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5
Q

What is meant by organising

A

Taking action to proceed with the plan

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6
Q

What is meant by directing

A

Giving duties to people

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7
Q

What is meant by controlling

A

Ensuring the work is done

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8
Q

Is a manager and a leader the same thing?

A

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

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9
Q

What is meant by management constraints

A

Limitations or restrictions

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10
Q

How might a managers success be measured

A
  • Ability to make decisions
  • Ability to motivate team
  • Level of labour turnover/absentee
  • Profit
  • Customer feedback
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11
Q

What constraints could prevent a manager from being successful

A
  • Resources available
  • Structure of organisation
  • Budget
  • Strength of competition
  • Own ability to manage and motivate
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12
Q

What is meant by redundancy

A

A form of dismissal that occurs when employers need to reduce their workforce and so a position no longer exists

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13
Q

What is meant by dismissal

A

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

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14
Q

What is meant by unfair dismissal

A

Where an employee is dismissed without a valid reason or without the employee following the correct disciplinary procedure

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15
Q

What is meant by fair dismissal

A

Where an employee is dismissed with a valid reason and the employee follows the disciplinary procedure

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16
Q

What 2 actions can lead to on the spot fair dismissal

A
  • Gross misconduct

- Gross negligence

17
Q

Examples of gross misconduct

A

Stealing
Being drunk
Physical violence

18
Q

What is meant by gross negligence

A

A lack of regard for safety

19
Q

What are the 4 actions valid for fair dismissal, assume disciplinary procedures are followed

A
  • Poor conduct
  • Incapacity
  • Capability
  • Reduncdancy
20
Q

What is meant by poor conduct

A

Failing to perform tasks requested by manager or lateness

21
Q

What is meant by incapacity

A

Being too ill to work on a regular basis or for a long period of time

22
Q

What is meant by capability

A

Repeated inability to do the work required, or a major incident such as losing a valuable client

23
Q

How may any other substantial reason for fair dismissal be decided

A

Through employment tribunal

24
Q

What are examples of reasons for unfair dismissal

A
  • Maternity/paternity leave
  • Whistle blowing
  • Discrimination
  • Trade union membership
  • Industrial action
25
Q

What is meant by whistle blowing

A

Bringing to attention a worry or reason to believe that malpractice has taken place in an organisation, to a person in authority

26
Q

What is the correct dismissal procedure, according to ACAS

A

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

27
Q

Is this dismissal procedure in law?

A

No, but it is suggested by ACAS and is often used as a template during a tribunal

28
Q

What does ACAS stand for

A

Advisory, Conciliation and Arbitration service

29
Q

What does advisory concern

A

Impartial advice and support

30
Q

What does conciliation concern

A

A mediation service

31
Q

What does arbitration concern

A

Making a final decision in disputes

32
Q

What is unconscious bias

A

When certain employees are favoured over others, due to many factors such as personal relationships, background, ethnicity and age

33
Q

What are examples of advised methods to avoid unconscious bias

A

Not rushing decisions, being aware of any bias and not stereotyping people

34
Q

What is a greivance

A

When an employee has a complaint, concern or problem

35
Q

What does ACAS suggest an employee does if a grievance exists

A
  • Raise issue informally
  • Formally our this in to writing if no action is taken
  • Consider a tribunal
36
Q

What is an employment tribunal

A

A special court dealing only with employment law

37
Q

What is the purpose of an employment tribunal

A
  • 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
38
Q

Examples of impacts of employment tribunals to business

A
  • Time and resources
  • Legal costs
  • Compensation costs (possibly)
  • Possible reputation damage (if it is settled outside of court it is not in public knowledge)