CIPD Learning Outcomes and Assessment Criteria on Workplace Disputes and Conflict Resolution

CIPD learning
outcomes and
assessment criteria

INTRODUCTION...........................................................................................................................5
MAIN BODY...................................................................................................................................5
Assessment activity 1.......................................................................................................................5
A description of how the dispute came about, the parties involved, what action was taken
by both sides and the nature of the dispute........................................................................5
Explain who has been affected by the industrial action and state the outcome of the dispute
...........................................................................................................................................6
An explanation of what makes industrial action ‘official’ and comment on the official
nature ................................................................................................................................6
A definition of ‘conflict’ and ‘misbehaviour’ in the context of workplace disputes and
identify examples of both..................................................................................................7
An assessment of how the conflict and actions taken by the parties involved in your chosen
case study differs to high profile industrial disputes of the 1970’s and 1980’s ...............7
A discussion of how you, as a HR professional, would advise and guide managers to
effectively manage and resolve disputes ..........................................................................8
An explanation of the roles of external conciliation, mediation and arbitration services 9
Conclusion ....................................................................................................................................10
Activity 2.......................................................................................................................................11
Introduction....................................................................................................................................11
1.1 Analyse the indeterminate nature of employment relations.....................................11
1.2 Discuss unitarist and pluralist approaches to employee relations and the implications
these have on the employment relationship.....................................................................12
1.3 Assess a range of factors which put impact on employment relations....................12
2.1 Describe and critique the essential features of the contract of employment............12
2.2 Identify and analyse the main sources of UK and EU employment relations law-
making.............................................................................................................................13
2.3 Explain the main development in individual employment law ...............................15
2.4 Assess and advise on the purpose and scope of Statutory Trade union recognition 16
......................................................................................................................................17
3.1 Explain what is meant by employee involvement, participation and partnership
along with an Example....................................................................................................17

3.2 Compare and contrast Union and non-union approaches forms of employee
representation...................................................................................................................17
3.3 Assess the link between employee voice and organisation performance...............19
4.1 Distinguish between conflict and misbehaviour, and between official and unofficial
industrial action. .............................................................................................................19
4.2 Assess contemporary trends in the type of conflict and industrial sanctions. .......20
4.3 Explain what is required to advice, coach and guide, line managers in the skills for
effective grievance and disputes handling procedures. ..................................................20
4.4 Distinguish between third-party conciliation, mediations and arbitration ...............21
Conclusion.....................................................................................................................................22
Assessment activity 3.....................................................................................................................23
Employee voice...............................................................................................................23
Introduction....................................................................................................................................23
Employee voice mechanisms.........................................................................................................24
1.1 Analyse the indeterminate nature of employment relations..................................25
1.2 Compare and contrast unitarist and pluralist approaches to employment relations. 26
1.3 Assess a range of factors which impact on employment relation.............................26
2.1 Describe and critique the essential features of the contract of employment...........27
2.2 Identify and analyse the main sources of UK and EU employment relation law
making.............................................................................................................................27
2.3 Explain the main developments in individual employment law. ..........................28
2.4 Assess and advise on the purpose and scope of statutory trade union recognition.. 28
3.1 Explain the differences in employee involvement, participation, and partnership...28
3.2 Compare and contrast union and non-union forms of employee representation .. .29
..................................................................................................................................29
3.3 Assess the Links between employee voice and organisation performance........29
Recommendations: ....................................................................................................................30
........................................................................................................................................30
.....................................................................................................................................30
.......................................................................................................................................30
......................................................................................................................................31

4.1 Distinguish between conflict and misbehaviour, and between official and unofficial
industrial action...............................................................................................................31
4.2 Assess contemporary trends in the type of conflict and industrial sanction..........31
4.3 Explain what is required to advise, coach and guide, line managers in the skills for
effective grievance and dispute handling procedures.....................................................32
4.4 Distinguish between third party conciliation , mediation and arbitration..............32
Conclusions....................................................................................................................................32
REFERENCES..............................................................................................................................34

INTRODUCTION
Employment law refers to the laws that have been enacted to address a variety of
concerns that employees experience when working for a company. These laws are based on the
areas in which employee-related issues have been addressed. Industrial laws are laws that assist
in dealing with a variety of issues relating to the operation of industries inside a company. Both
laws assist in resolving issues between employers and employees in connection to various
processes occurring within a company(Akkermans and Kubasch, 2017). These rules have a
broader scope since they govern professional relationships between employers and employees.
Nature is dynamic, and as a result of the laws, suitable design is produced, allowing employees
to work in the right direction. In this part of the file various aspects in relation to strike and
disputes has been discussed.
MAIN BODY
Assessment activity 1
A description of how the dispute came about, the parties involved, what action
was taken by both sides and the nature of the dispute.
In this strike is based upon grounds which is related to disagreements that is based over
labour contract taking place in union opposition upon the illegality shown upon fire and rehire
aspects. As strike strated drivers is supported through different local activists with trade union
group. In the strike main group that has been involved is Manchester Trade Union Council. It
helps in initiating strike and provide it strong base. The Go-Ahead Group which targeted
shareholders of group and solicitating support from several national and international groups.
The base of strike is related to formal agreement that has taken place within Unite and Go North
West (Bani-Melhem, Zeffane and Albaity, 2018). In this organization has agreed over "fire and
rehire" practices. Also another motive of this strike is based increase in wages and provide
protection regarding sick pay. The strike ended in positive note and all demands taht was
presented by union was accepted. It is considered to be longest strike in history of United
Kingdom and lasted till two and half months. Result of strike was gurantee from the organization
against "fire and rehire" 2 percent increase in wage was given with boinus of£1,500.

Explain who has been affected by the industrial action and state the outcome
of the dispute
The relationship of employer and employees gets affected through industrial actions
which makes dispute arise within working process of an organization. These relations are based
upon efforts which creates and develops positive relationship with its employees. In relation to
dispute occurred due to such action can be solved with constructive approach that leads upon
developing better ideas which makes employees and employer's satisfaction achieved. There are
certain factors which impacts the relationship of employee like payment of wages, restrictions
over sick laves and delay in giving bonus on time. The strike was conducted due to not increase
in wages and sick leaves were not given. Also strike made employer agree over the points
presented by employee (Connell, 2017).
An explanation of what makes industrial action ‘official’ and comment on the
official nature
Industrial action means those aspects which are formally backed by trade union and its
members taking part within it. Also the action that has been takedn is based upon employer and
employees sustainability. This is last resort that is left with an employee when higher
management are not ready to lsiten to employees. Under industrial actions strikes, legal suits and
disupted related to mangement are covered. They are official in nature and conducted on the
basis of realationship that exists between employer or employee. There are various factors
leading upon taking such decisions which are
Low wages
This is one of the most common reason for conducting strike as under it wages are not
paid on time which results in causing distress within employees leading towards causing
employees face financial instability. It becomes an important issues making employees
performing stroke against the organization.
Poor communication within the employer organisation
It is another important reason which leads upon causing strike as this make information to
be communicated in relation over task required to be told making employees accomplish task

within time limit specified. This causes employees to loose there job and lead towards unfair
dismissal which has been barred within employee's right act 1995.
Disparity with increases awarded to senior people
Employees of trade union should be able to make negotiation done when argument over
limited wages increases. The trade union make discussion done with Boards of Directors that has
declared making payments increased of the employees. This is an important aspects which helps
senior employee's develop working tendency within them (Cooper, 2019). In the above dispute
the strike took place due to low wages and disparity with increases awarded. It has important role
to play making organization agree upon terms in relation to bonus perspective.
A definition of ‘conflict’ and ‘misbehaviour’ in the context of workplace
disputes and identify examples of both.
Organizational conflict which has been taking place at workplace making takes place
through actual needs of employees with the facyirs that is related within an organization.
Conflict can be based upon various factors and forms present within an organization. Conflict
also based over sharp disagreement or opposition of intrests and ideas upon wokring place where
people work together as conflict or natural occurence. This caused due to team low team moral,
increase in absenteeism and decrease in productivity. Misbehaviour menas that kind of actions
which is not ethical in nature and causes disturbance within working ernvironment of an
organization. The acts is based upon making dispute to be solved that has been taking place
within an organization. In the secenatio strike has taken place due to various perspective that is
based upon wages , bonus, hiring and firing.
An assessment of how the conflict and actions taken by the parties involved in
your chosen case study differs to high profile industrial disputes of the
1970’s and 1980’s
In the modern world workers and employees after leaving particular job with number of
options get absorbed. This has taken place due to influence which has been caused due influence
upon factories and countries. It has also made rise within the number of jobs for inhabitation of
host country. There are two main trends that has taken place they are merger and acquisition

which has caused rise in conflicts and changes organizational culture. On relation to the dispute
it can be observed that strikes are caused due to problems faced by employees.
A discussion of how you, as a HR professional, would advise and guide
managers to effectively manage and resolve disputes
Human resource is one of the most effective perspetive which has various kinds of roles
and responsibility towards organization. Managing performance, and encouraging the employees
to perform well, maintaining healthy relations between the employer and employees, recruiting
talented people for the organisation are the things what a HR usually does (Deyo, 2018).
Strategic development of the workforce for the organisational growth is what they aim to achieve
by guiding managers. HR professionals guide and advice the managers on conflict and dispute-
handling. They make the managers aware about the organisational needs. They have been
helping in making workforce more productive which makes engaggment done over working area
. It is there responsbility to make communication done between employees that makes assurance
developed with organization growth. This is helpful in minimizing disagreements reagrding
comflicts and limiting differences within opinion that has been given by employer and employee.
The HR should advice and counsel the manager from time to time but also leave the decision in
hands of the managers for proper leadership and management at their level. Most of the
employees in an organisation look upto their managers for information and guidance, they also
take up their differences and issues to them. Thus, it becomes important for them to resolve these
disputes in an efficient and effective manner. Resolving grievances of the employees for
effective performance should be the most important aspect of the HR's guidance to their
managers. Understanding the needs of the employees can bring out the best results in a business
environment. For effective utilisation of their skills, managers should be aware of their
company's policies and procedures that can lead them towards effective conflict management.
The recent case of Go North West Strike in 2021 is a famous case of England and is an
example of lack the role of HR makes management, directing and guiding done for making
managers resolve dispute that has take place within union and organization. This disagreement is
based upon labour contract which can be resolved in effective manner through negotiating. The
tactics of organization can be changed based upon “fire and rehire tactics” which is avoided by