Essay
Business Level 3 Unit 24 Assignment 2
- Module
- Unit 24 - Employment Law
- Institution
- PEARSON (PEARSON)
This assignment is a distinction level
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Amy Louisa RileyAdvice on resolving employment and work-based issues.
Introduction
The purpose of this report is to explore the legal approaches to resolving formal and informal
employment related issues in the workplace. I will explain the different ways in which employment can
be terminated, and the consequences that may result if a workplace problem cannot be resolved. I will
then go on to Annalyse the grievance and disciplinary procedures that can be used to determine the
potential outcome of a dispute and evaluate the effectiveness of such procedures for both employee
and business.
Formal and informal resolution
There are two ways in which a workplace problem may be solved; formally and informally. Informal
methods for workplace dispute resolution are usually for less serious matters which can often be dealt
with in a quick and confidential matter e.g. in a private meeting between employer and employee by
having a quiet word between the parties. This can be good for smaller firms to improve an employee's
conduct or performance and can even take the form of providing additional training, coaching, or
advice. Formal methods of dispute resolution are usually used for incidents which are more of a serious
nature or for recurring problems that cannot be dealt with informally. They take the form of meetings,
written comments, ACAS, and employment tribunals.
Informal methods of resolving workplace problems.
The goal of informal conflict resolution in the workplace is to solve problems without resorting to
grievance and complaint processes. Informal processes are therefore often shorter, non-adversarial in
nature, and more likely to lead to good long-term relationships between the parties. Such methods are
usually non-legally binding, and the most common forms are negotiation, mediation, arbitration, and
mediation-arbitration. All of which focus on solving the conflict with the best interests of all parties
involved in mind and avoiding court with negotiation the conflicting parties can agree to discuss their
concerns with each other openly and frankly. They may share precisely what action practices or policies
they are upset about and make suggestions about how the conflict can be resolved. Typically, the parties
agree to work together to find a compromise, with which they all feel comfortable. If negotiation cannot
solve the conflict or the parties can no longer communicate together a mediator who is a natural third
party may be used to facilitate discussion and to help the parties reach a solution.
The mediator acts as a middleman, can be someone within the organization, such as a manager or can
be hired externally to oversee the conflict resolution. Mediators do not give legal advice, take sides,
impose solutions, or make decisions about resolution. They are merely there to help the parties
communicate clearly and negotiate effectively. They are therefore a form of conciliation. Examples of
what mediation can be used for conflicts involving collogues of a similar job or grade or between a line
manager or a staff. It can be used at any stage of a conflict as long as any ongoing formal procedures are
put in obeyance or can be included in the stages of the procedure itself.
, A facilitator may also be used to help with informal dispute resolution. This is again a natural third
party whose job it is to help the parties define and meet their goals to solve problems, exchange ideas
and information, or hold effective meetings.
Formal methods of resolving workplace problems.
Formal resolution processes include things like grievances or lawsuits. They usually require the
offended party to submit their complaint in writing and provide evidence or testimony which is then
considered by an appointed decision maker. Generally, the outcome is a written decision which you may
or may not have the ability to appeal. The procedure takes place within specified deadlines, in a formal
resolution process in which the complainant gets a chance to present their problem but doesn’t get to
decide the outcome. Formal resolution is therefore more focused on the process involved and is nearly
always legally binding. Generally, the formal process will start with an employee receiving a verbal
warning from the employer as the start of a formal disciplinary process followed by a confirmatory letter
confirming that warning and containing the improvement required of the employee and the time within
which the improvement must be made. It should also state that failure to improve will lead to the
second stage of the disciplinary procedure which is often a written warning.
Arbitration is the most common method of formal resolution of workplace problems in that it uses one
or more naturals to listen to evidence and render a decision. Arbitration is similar to mediation in that it
requires a third party to facilitate discussion and solution. It differs from mediation in that the arbitrator
talks to everyone involved and then makes a decision. The parties involved have no say in the decision
and are bound by whatever the arbitrator decides it is therefore legally binding. Mediation-arbitration
combines the two approaches in that the parties first try to resolve the conflict with mediation but if
that doesn’t work then mediator makes the final decision. Arbitration proceedings are conducted in
private and are confidential. The tribunal can comprise one or more arbitrators and is traditionally
promoted as a no-nonsense dispute resolution relying more on technical assessment than on the
application of judicial nuances.
Another method of formal resolution is litigation whereby the dispute is argued in a court of law.
Lawyers help to negotiate a resolution, or a judge will make a decision which is legally binding. The
parties involved have little or no control over the process or outcome and it is entirely left to the lawyers
to represent their clients and get the best outcome for them. A problem may also be taken to the
employment tribunal. Nearly all legal cases about employment problems are heard in employment
tribunals such as unfair dismissals, redundancy, and discrimination. An employee can make a claim
depending on what their problem is about whether they meet certain conditions and are within time
limits (e.g. a claimant usually has three months less one day from when the event happened to make a
claim to the tribunal). Employment tribunals may also be used to make decisions about employment
disputes and are a very popular method for nearly all legal cases about employment. They are normally
set in office buildings with hearings being held in individual tribunal rooms before a three-member panel
who will decide the case. In most cases a claimant must contact ACAS the advisory conciliation and
arbitration service. There are government funded organization that help sort out employment disputes.
, First scenario
The problem that Peter has is a serious one requiring a formal method to resolve it. Peter has been in
the same job for ten years and was a valuable and reliable employee until his manager changed in the
last year. He should therefore look firstly at his contract of employment, statement of employment, or
staff handbook to find out his employers written grievance procedure which they are required by law to
share with employees. That procedure must say who the employee should contact about agreements
and give contact details of this person. It should also state that if the problem cannot be resolved
formally there will be a meeting with the employee called a grievance hearing. The procedure should
also set out time limits for each stage of the process, explain how to appeal a grievance decision, state
that employees can be accompanied in any meeting by a colleague or union representative. If the
procedure is set out in the employment contract the employer must follow the procedure or the
employee could bring a breach of contract claim against the employer.
The ACAS code of practice for grievance procedures isn't legally binding but an employment tribunal
can reduce or increase any money awarded in a case by up to 25% if the code has not been followed.
Peter should therefore follow this written procedure when dealing with this problem as if the problem
cannot be resolves without the need to resort to e.g. the employment tribunal he must follow the
correct procedure in order to make sure that he has the strongest possible case.
Termination of employment
Definition of termination of employment
The termination of an employee's employment with or performance of services for a company or any
of its subsidiaries or affiliates. Termination may be voluntary on the part of an employee or it may be at
the hands of the employer. Voluntary termination is where an employee resigns from his or her job for
anyone of a number of reasons such as finding a new job, retirement. It can also occur for less positive
reasons such as the employee doesn’t get along with their boss, there are no opportunities for growth
or promotion, or a lack of job satisfaction.
Involuntary termination occurs where the employer fired or removes the employee from his or her
job. It's usually the result of the employer's dissatisfaction with the employee's performance e.g. poor
performance, attendance problem, misconduct, violent behavior, or an inability to do the job.
Involuntary termination may also occur when there is an economic downturn e.g. the employer may
sack or lay off employees because of the downturn.
Procedures when terminating employment.
Given the dismissal of an employee occurs when the employer terminates the contract, either with or
without giving notice, or a fixed term contract ends and is not renewed, or the employee leaves with or
without giving notice in circumstances in which they are entitled to do so because of the employer's
conduct. A dismissal will normally be fair provided the employer has given one of five specified reasons
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