Analysis Of Employment Relations And Employment Law In UK And EU

Indeterminacy of Employment Relations and Factors Impacting Them

Question 1

The term indeterminacy of employment relations refers to the need to transform labor resulting from an employer into positive outcomes for the organization (Herper, 2015). An employer buys the ability to perform at work but he has to transform the ability in individuals into something that brings benefits to the organization.   In employment relations, there is a complex and delicate area of study which involves relationships with the government, trade unions, employers and employers on regular basis. There are three perspectives which provide a clear perception of relations in the workplace and demystify the statements, actions, and role of trade unions.These perspectives include pluralist and unitarist as well as radical perspectives. The essay below presents the literature around employment relation, factors which impact these relations and a brief analysis of the unitarist and the pluralist approaches(Herper, 2015).

Employment relationship can be defined as the legal relationship between an employer and the employee. This relation happens when an individual agrees to carry out a task or give a service under certain conditions in return for a fee.  This relationship can be affected by both internal and external factors. These factors can be analyzed by the use of tools of analysis such as the PESTLE, PRIMO-F and the SWOT tools.  The PRIMO-F( People, resources, innovation, Marketing, Operations, Financial)  models help in the analysis of the internal strengths and Weakness while PESTLE(the Political, Economic, Social, Technological, Legal and Environment) tool helps in looking at the opportunities and threats. External factors that impact the employment relationship include political, social, economic, technological, legal and environmental factors (Lasrado, 2018).

According to (Burchill 2008), unitary perspectives are based on the common objective and possibility of a harmonious relationship in the workplace.  The management team has the right to make decision and control issues which are deemed acceptable, authorized and reasonable and any deviation from this is regarded irrational. On the other hand, the pluralist approach is concerned about the handling of the conflict in ways that minimize disruption. Pluralism approach views conflict in the workplace as inherent such that the disagreements between the workers and their managers for instance over profit as inescapable or normal. The two approaches can generally be termed as ideologies meant to help employers and managers.

Unitary perspective also focuses on concepts of leadership and team spirit rather than power. According to this approach, both the employees and the employer share the same goals. But this notion is not supported by the pluralist perspectives which postulate that the managers of employers do not share similar goals and hence they may want to express themselves through other trade unions or independent institutions.  Therefore, the role of a manager is to balance and identify the legitimacy of the conflicting interests in the organization which calls for support from sections, groups or parties in the breakdown of conflicts (Dang et al, 2012).

Comparison of Unitarist and Pluralist Approaches

In conclusion, employment relations create a contract that is not equal between the employee and the employer. The relation consists of several implied conditions which are not included in the contract. This is due to the fact that employees are overpowered by their employers because the employee needs the job earning to survive the current job market. Hence the presence of trade unions and other bodies are important in safeguarding the rights of workers and foster harmony in employment relations.

Question 2

In legal terms, contract of employment consists of the legally abiding agreements between two parties; the employer and the employee. The contract is made up of written terms and implied terms which are not stated in the employment contract. It is true to say that if one is not starting a new job, then they are most likely given an employment contract but surprisingly not everyone one know what that actually means. The length of the literature on the employment contract may maybe enough to force a person to just put a signature in the dotted line without clearly knowing what they are committing themselves to. As much as the employment contract is supposed to give rights as stated in the state laws, some employment contract may have put limits on certain rights which the signing parties should have prior knowledge before committing.

Common legal rights for the employee in the contracts include the right to be on salary during the holidays, obligation to be enrolled in a pension scheme by the employer, and the right to get paid the national minimum wage.  These rights are however not always implemented because some employers force the employees to sign the contract, for example, to get paid an amount that is less than the minimum wage and if for any reason the employees raise concerns he or she is fired.  Additionally, most of the employment contracts are in written form but we also have other undocumented contracts like oral agreements which are prone to misuse. In cases when the contract terms are broken by the employer, one is supposed to seek solution informally. If for any reason the attempts are not successful the aggrieved party should consider raising a grievance or use of mediation through the labor unions.

the majority of the employment relation law in UK and EU, in general, are civil laws. Statutes compose the main sources of the employment-related laws in the UK.  Statutes are acts of parliament and regulations set out by the state ministers under Acts.  It also through these statues that EU law is adopted by the UK government Issues which touch on the employment laws are normally brought to the employment boards or tribunals. The laws of tort, trust, and contract are also very instrumental in employment relations.  Cases relating to employment are appealed to the Supreme Court, Court of appeal, as well as the Employment Appeals Tribunal (EAT). Cases that should be handled by the European Union are appealed to the European Court of Justice.    Bodies such as the Health and Safety Executive (HSE), the Equality and Human Rights Commission (EHRC), the Advisory, Conciliation and Arbitration and Service( ACAS), are also very crucial for matters concerning employment relations.

Features of the Contract of Employment and Main Sources of UK and EU Employment Law

The EU has since late 1970 been in the front line when it comes to protecting the rights of the employees and minimize the cases of discrimination and exploitation. The standards set by EU have served as a counterbalance for the UK to adopt the employment relations of firing and hiring culture

Question Three

The current legislation in the UK concentrates on statutory recognition of trade unions. Many kinds of literature and media stories may have made the line between the practice of recognition and non-recognition seems a blur.  To put matters into perspectives, it is paramount to define what a trade union is. A trade union is an organized association of workers in a profession, groups of the trade who come together with the aim of protecting their interests and rights.

A recognized trade union is one which is recognized by a single or more than one employer, with a purpose of forming collective bargaining.   This means that the employers have agreed to negotiate with the union on the working conditions and the payment arrangements on behalf of a certain group of employees.  The particular group which the trade union stands for is referred to as the bargaining unit. Trade union recognition can either be by application or through voluntary agreements.

Voluntary trade union recognition is one of the most common ways for collective bargaining by the employer. It basically means that the employers agree to recognize a union without going through any legal processes. Once the employer recognizes the trade union, future relation terns are then drawn up to make the agreement work. A formally written agreement such as this is called the procedural agreement. The procedural agreement helps in creating consistency, continuity and preventing misunderstandings.  These agreements can be facilitated by the Labor Relation and Agency. The agency is also important in these relations because it provides the necessary information and guide.

Statutory recognition occurs when the employers and union are unable to form a voluntary agreement. This union happens when both parties are brought to a legal agreement because the employers have hired more than 21 persons who are members of the trade union.  The union request must state that the request given in line with national employment relations and a clear identification of the union and bargaining unit should be included. The employer is then given ten working days upon the receipt of the request from the union. In case of rejection of the request, the trade union has the power to apply to the industrial court for statutory recognition.

Purpose and Scope of Statutory Trade Union Recognition

Question 4

The running of the business in the UK requires more than just hiring the right individual, giving the employed individual the resources achieve the set-out goals, it should also encompass the understanding and appreciation employee participation against employee involvement practices. Differences between the two phrases may seem negligible to most people but the reality is that it is subtle. In human resource, the two phrases denoted two separate organizational policies and varying levels of employee interaction. A more productive workforce is realized in the company that separates the meaning of employee participation and employee involvement.

Employee participation occurs in the business dealings where the employees form part of reaching a common goal.  For instance, a company dealing in computer security may set up a team of workers to take part in the creation of doomsday security scenarios. In such a case, each and every employee is expected to contribute ideas based on real-life scenarios that might give and take computer security.   No matter the title, each person is supposed to actively participate in the project.

Employee involvement means the opportunities presented to the employees by their managers are meant to help in making decisions in the organization. This indicates that one on one interaction between the employer and the employee encourages the staff team to own up the results of the projects. The project process is affected by the partnerships happening and the managers during times of major decision making. Employee involvement is very complex and difficult in a hierarchical organization where the major decisions are made by top managers but the implementation is made by the staff team who are on the lower sides of the hierarchy.

The main differences between participation and involvement of employees are due to the fact that participation denotes the actual activities performed by the employee, whereas involvement is more on the level input in decision making which the employees have no matter the positions of the employee in the organization. Participation focuses in nurturing group approach in which a team of workers finishes a project through the use of different skills to accomplish a common goal. However, employee involvement focuses on the direct relations between the managers and their employees as a way of enhancing communication and decision making in the organization. Employees participation is advantageous because it can increase the employment period for the same employees hence reduces the need for hiring more employees and lowing turn around for the company. Employee voice is very important for the productivity trends and performance of any organization. A report by Acas indicated that voice is one of the several levers of productivity. Employee voice is a broad subject that covers negotiation and negotiation to facilitate communication between colleagues in the workplace.

Employee Involvement and Participation, and its Link to Employee Voice and Organizational Performance

Question 5

Misbehavior is defined as any intentional action by organization members which violates the core norms of the organization and the society in general. Several studies in previous years have given enough evidence that proves that their cases of property damaging, misappropriation, sabotaging or evening misleading clients.  All these are different forms of misbehavior. The underlying concept of misbehavior is the types whether it is the S, O Or D types. Type S is caused by self-benefits for example stealing. Type O is intended is meant for the benefits of the company, for example, cheating the government and lastly, there is the type D which intend to cause damage, for instance, sabotaging the processes or destroying company property (Marchington, 2016).   The organization should always be ready to handle any type of misbehavior with appropriate actions.

Conflict is different from the individual-centered misbehavior; this is because conflict is a natural phenomenon which is unavoidable in the groups, associations or the organization. Any environment with diversity in culture and background will naturally have conflict. When there are expectations that need to be met, the probability of occurrence of conflict is even higher. The same case will also occur for parties or individuals that are supposed to stick together for a considerable amount of time with the aim of achieving a particular goal or reaching a certain target.  Conflict is manifested in very many ways including but not limited to war, trade embargoes and fighting (Marchington, 2016). In the workplace context, conflict is seen through differences in personalities, opinion or perspectives which lead to the tension that hurts the performance of the workers.  

Conflict in the workplace may entail disagreements among the staff team which could even extend beyond the working hours.  contemporary definitions of the term conflict in the workspaces go deeper than the basic disagreements into the interpersonal conflicts that come from personality issues and working problems between colleagues, which can lead to negative effects in the company. The current definition of conflict looks at the complaints in the work including disagreements with the company managerial decisions and policies, which sum up to conflicts between the managers and the employees or between the employer’s representatives and the employees (Thomas & Thomas, 2012).

Conflicting that exists between the managers and the employees provide credible and rational reasons to deploy mechanisms which can help in resolving the conflict before matters get out of hand.  A good example of a case when conflict got out of hand is the junior doctors in 2015, the Fire officers in the year 2002 or the miners’ strike in May of 1984.  Most of the times, the employees are in conflict with their employers to very many reasons. This may be demand for better working conditions, unfulfilled collective bargaining agreements, unmet promises or better salaries. If the issues are not dealt with in an amicable manner to the satisfaction of both parties, industrial actions are expected to happen. Industrial action is any action taken by trade unions to hinder productivity and paralyze operations in the working places inform of the strike, overtime bans or go-slows. Current trends in labor relations show that the unions are gaining popularity and immense membership in the UK.  Employees are not voluntarily joining the available trade unions in a bid to foster their interests and protect their rights. Trade unions are now more than ever stepping in whenever there is a conflict between the two parties to find a solution. When the two parties are unable to come into a mutual solution, industrial action occurs (Lyddon, 2015).

Differences between Conflict and Misbehavior at Work, and Types of Industrial Action

 Industrial actions are official in the eyes of the law. They are seen as a breach of the employment contract which means appropriate legal procedures should follow.  At times, the managers may start an industrial action, possibly a go-slow, without the backing of their trade unions and this actioned id regarded as unofficial because they are unprotected and workers may risk getting fired (Lyddon, 2015).  Managers should enhance their ability to identify and resolve cases of conflicts or misbehavior in organizations because they can easily lead to negative impacts on the organization. The capability will also assist in detecting industrial action actions long before they happen. Proper disciplinary mechanisms to identify discourage and penalize misbehavior in the workplace while still managing conflict can prove to be very useful in lowering industrial actions.  Employees, on the other hand, should brace themselves with all the legal implications surrounding the participation in industrial actions. Employees should also ensure that engage in lawful actions and that they are protected to avoid any chance of being fired without recourse.

Question 6

Disputes and grievances in the workplace are inevitable when employees with different work styles and backgrounds are put together to achieve shared goals. This means that line managers should have the appropriate skill and knowledge of managing and resolving the conflicts. The initial stages in handling conflict rely on employees who are at odds with one another. The manager’s roles are based on the development of a workplace culture that minimizes conflict amongst the employees.  This culture should be based on creating a strong staff coexisting aspects including mutual respect, fairness, trust, and fairness at all levels in the organization. ( Thomas & Thomas, 2012) It is important for a manager to recognize that conflict can be expressed in several ways such as anger, bullying, noncooperation, and insults. This leads to a clash of personalities and the creation of communication breakdown which cause management issues. The effects of workplace conflict can be dire resulting in project failure, absenteeism, turnover, termination, decreased productivity and work disruptions.  Emotional stress is also another aspect which can be both an effect or a cause of workplace conflict.

A survey conducted in the UK indicated that 40 percent of the employees in the country reported cases of interpersonal conflict on their jobs in the past one year. This percentage majorly consisted of a conflict between the line manager and the employee.  Causes of the workplace are many but the common ones are; unclarified tasks in the working spaces, resources, inequality,  unfulfilled needs, irritating behaviors by some colleagues, differences in personality,  differences due to the background, sex, age; communication barriers (Lyddon, 2015). Other causes of conflict include issues resulting in unsuccessful changes and transitions in the organization as well as competing jobs duties or lack of implementation of certain job descriptions. Issues that are unresolved tend to create conflict and tension which can easily spur stress in the workforce, politicizing of the workplace and deviation from the mission. Other possible results of unresolved conflict are absenteeism, unionization, litigation, and turnover.

Guidelines for Handling Grievance or Disputes in the Workplace

A line manager can handle workplace conflict through the creation of a culture that keeps cases of conflict in the lowest possible levels. There are several techniques and ways that the manager can deploy to manage conflict in the workplace. One such technique is not ignoring the conflict and shunning from skipping any steps in preventing it. These techniques should keep in mind the best approaches to resolving any disruption is directly related to the type of conflict involved.  Also, the manager should ensure that policies and communication are clear and provide a rational explanation for decisions made in the organization. The human resource managers should consider managing and curbing conflicts through conflict management training. The pieces of training are achieved through workshops or one on one session which covers a wide range of topics.  Conflict management training can be very helpful workers showing aggressive actions. The employees who are constantly being pinpointed as the masters of conflict should be the ones that the manager should ensure receive help from the experts.  Angry staff members could use bad language during meetings or make hurting comments through the mail.  In case that the employee’s behavior causes harm or threat to others, they may need to be given top priority in the training. Employees that show signs of passionate anger, for instance banging doors, throwing chairs, should give to the security agencies before another intervention strategy ( Thomas & Thomas, 2012).

In addition to training, the manager should also use ingredients of creating strong employees relations. These include trust, interactive communication, ethics, clear expectations and practicing empathy with employees.  While there is no single approach to create peace in the workplace, the managers should use a number of tools to create a positive climate in the organization. This tool includes careful hiring of the right workforce and fair grievance process that limits external litigations and improve the employee morale.

Mediation is also another conflict resolution technique for the organization. It involves the use of a mediator who is a third party that aids the parties in conflict to come up with their own solutions. A mediator can be an external individual professionally trained in management and mediation and then he has not perceived interest with the employer (Moore, 2014).  Arbitration is a formal, expensive and typically the most consuming method of conflict resolution. Arbitration may call for the presentation of cross-examined witnesses and an arbitrator to issue a decision. Third-party conciliation is a dispute resolution technique that entails building a positive relationship between the conflicting parties. It is however different arbitration and mediation since a conciliator sets and proposes the settlement terms on behalf of the parties (Moore, 2014).  

Reference List

Dang, C.P., Braeken, J., Ferrer, E. and Liu, C., 2012. Unitary or non-unitary nature of working memory? Evidence from its relation to general fluid and crystallized intelligence. Intelligence, 40(5), pp.499-508.

Harper, C., 2015. Organizations: Structures, processes and outcomes. Routledge.

Lasrado, F., 2018. Towards Developing a Framework for Achieving Organizational Excellence: Theoretical Foundations. In Achieving Organizational Excellence (pp. 173-193). Springer, Cham.

Lyddon, D., 2015. The changing pattern of UK strikes, 1964-2014. Employee Relations, 37(6), pp.733-745.

Marchington, M., 2016. Employee involvement. In Encyclopedia of Human Resource Management. Edward Elgar Publishing Limited.

Moore, C.W., 2014. The mediation process: Practical strategies for resolving conflict. John Wiley & Sons.

Thomson, R. and Thomson, A., 2012. Managing people. Routledge.