ESSAY: Summative Assessment for Contemporary Developments in Employment Relations

Identify the main sources of UK and EU employment relations law and include a brief summary of some of the main developments in individual and employment law.

Question 3

Provide a brief summary on how you would advise on the purpose and scope of statutory trade union recognition.

Question 4
•Clarify the key terms used in employee involvement and participation
•Explain the extent to which they can strengthen employee voice in a union and non-union context.
•Provide a brief assessment of the link between employee voice and organisation performance.

Question 5

Briefly explain the differences between conflict and misbehaviour at work and between official and unofficial industrial action. In your answer, give a brief review of some contemporary trends in the type of conflict and industrial sanctions.

Question 6
•Explain what is required to advise, coach and guide line managers in the skills for handling grievance or disputes in the workplace.
•Distinguish between third-party conciliation, mediation and arbitration.

ANSWER

Contemporary Developments In Employment Relations

Sources of Employment Relations Law in the UK and EU

            The primary sources of employment relations law for the UK and EU comprise statute, common law, and European law in line with both the European directives, including the ECJ decisions (European Court of Justice) (Bryson et al., 2004, p. 445). When it comes to common law, since all UK and EU employees work under an employment contract with their respective employer, it forms the legal basis characterizing employee and employer relationship (Bryson & Freeman, 2013, p. 4). An employment contract should not be and is often put in writing. However, certain rights under the mandatory statutory employment protections will apply irrespective of the contract law. 

           Another source – the statute – is characterized by the rapid growth in the number of the legislations for employment protection in the UK, and the general EU since the early 1970s, and have supplemented the rules of the common law (Cullinane et al., 2017, p. 631). The main statutes of the employment law are many, and some of them comprise the 1970s Equal Pay Act, the SDA (Sex Discrimination Act) of 1975, and the DDA (Disability Discrimination Act) of 1995. Lastly, European law, being one of the sources, implies that when the UK domestic law fails, the focus should be turned to and relay on the EC Treaty before the United Kingdom courts. In the process, issues are touched on, and they comprise areas of discrimination, equal pay, and the rights on the business transfer of the employees. 

Q3: Advice on the Objective and Size of Recognition of Statutory Trade Union

           The Central Arbitration Committee (CAC) refers to a tribunal (independent) with various legal powers. CAC offers voluntary arbitration when handling industrial disputes. It also has statutory mandate in adjudicating cases concerning recognition and adoption for the disclosure of information for collective bargaining agreements (Hoque et al., 2017, p. 29). In this case, my advice is based on the CAC role, and it should comprise the determination of the scope of the unit for bargaining unless the parties have agreed on it. As emphasized by Cullinane et al. (2017), a declaration ought to be made on whether the union should be appreciated based on the majority of workers concerned, and they should comprise union members or that a qualified majority considers recognition in the ballot (p. 640).

           Accordingly, as stipulated in the Employment Relations Act of 1999, the scope of new legislation provides that where a union demands recognition for purposes of collective bargaining, there is a need to resolve emerging concerns bilaterally (Cullinane et al., 2017, p. 633). In this case, there is a need to refer the matter to the CAC for determination. Based on my understanding of the procedures of a statutory trade union recognition, there is a need for procedures to be used in respect of at least 21 employees. An application to the CAC should be done before the union demonstrated that at least 11% of membership should be proposed within bargaining units (Hoque et al., 2017, p. 31). Additionally, since industrial action raises complicated issues, there is a need for legal advice to be considered and taken. Since legislation focuses on the recognition of the statutory laws for trade unions, which means independence is needed. At the same time, the employer is recognized in relation to the primary goal of achieving collective bargaining. 

Q4: Employment Involvement and Participation

           Employment participation and involvement have been at the center of industrial relations since the beginning although much of the contemporary terminology has shifted when it moved from the ‘industrial democracy’ since 1898 (Hoque et al., 2017, p. 32). The labels and conditions for “employee participation” and “patient involvement” have grown and changed after a period of time, and it has been shown on different disciplinary definitions such as HR management, industrial relations, psychology; political science; competing objectives between management; changes in socio-economic contexts; government and labor; and other practices (Bryson et al., 2004, p. 441).

           Therefore, the key terms of employee involvement are many and complex. One of the terms includes financial and job security, while key terms of employee participation comprise industrial democracy (worker control), employee engagement (when influencing making of decisions), and engage support (Hoque et al., 2017, p. 35). Other key terms comprise task involvement, consultative arrangements, and systems for a team briefing. 

Key Terms advancing and strengthening Employee Expression in the Context of Union and Non-union Organizations

           In the context of union and non-union organizations, there are ways in which the key terms of both employee participation and involvement strengthen employee voice. Employee involvement involves the chances for workers to engage in decision-making affecting employment, or about the wider issues of the company and the immediate job description (Bryson & Freeman, 2013, p. 13). On the other hand, employment participation can either be direct or indirect, especially in the decision-making process. These terms are extensively involved with the employees’ capacity to influence the direction and influence of decision-making rather than through representatives (Bryson & Freeman, 2013, p. 6). In the context of the union and non-union organization, employee participation as well as involvement advance the workers’ voice through diverse notions based on their high performance and workplace innovation.

           Employees can champion for their concerns in both contexts through various initiatives, including the decision-making practices in the workplace. For instance, employees can be heard through collective and individual channels, by speaking indirectly through representatives or directly through the organization’s management (Bryson et al., 2004, p. 446). Accordingly, voice can be heard through formal expression, for instance, through attitude surveys and suggestion schemes, including informally like in workplace social media and meetings. Their voices can also be strengthened through employer’s flexibility policies, the capacity of the organizational human resources, and the employment regulation nature.

The Connection between Employee Expression and Organization Operations

           “Employee involvement” and “employment participation” are important in boosting organizational performance since a lot of people consider it some form of intrinsic motivation form to boost the performance of the employees in the organization (Kim et al., 2010, p. 376). The employee expression boosts the level of communication and encourages the retention of the staff through fair treatment. According to Kim et al. (2010), the employees’ voices in the organization affect the company’s performance directly. In this case, organizational performance is based on two primary aspects namely the company performance and employee performance, and they are interrelated in a manner that the higher and firmer the employee voice in articulating issues/concerns then better the organizational performance (p. 378). At the same time, the employee voice is an intrinsic motivation form, which helps the employees give their best in advancing the organizational goals. The employee voice also plays a critical role in advancing the company’s mandate and goals through the minimization of turnover rate (Kim et al., 2010, p. 375). It also provides employees…