Employment Relationships: Tribunal Hearing, Unfair Dismissal, Collective Bargaining, Direct Discrimination, Employee Engagement

This study material covers various aspects of employment relationships, including the legal process of employment tribunal hearing, the concept of unfair dismissal, stages of collective bargaining, direct discrimination, and ways to foster employee engagement. It explains the detailed process of employment tribunal hearing, the concept of unfair dismissal, eight stages of collective bargaining, direct discrimination, and the importance of employee engagement. The material also highlights the limitations of equal opportunities policies and ways to retain employees in the organization.

Employment relationships Online Exam

CONTENTS
QUESTION – 1..........................................................................................................................1
QUESTION – 2..........................................................................................................................2
QUESTION – 5..........................................................................................................................4
QUESTION – 6..........................................................................................................................5
REFERENCES...........................................................................................................................7

QUESTION – 1
a). Employment tribunal hearing deals with the legal disputes related to the work. At the
hearing, the employee tribunal will hear the case and based on that makes a decision at the
hearing. This is often being referred as the final or substantive hearing. The detailed process
is being explained underneath:
 Early conciliation – This is the stage where the conciliator makes discussion about the
issues from both the parties being involved.
 Claim – It is important on the part of employees to submit ET1 claim form to the
employment tribunal generally in between 3 months from the cause of the complaint.
 Defence – This is the phase wherein the respondents present their case in front of the
ET within specified period of 28 days from the date on which the tribunal have sent out
the ET1.
 Assessment of merits – on the basis of the submission, the case will be review by
employment tribunal and makes decision about the future events.
 Preliminary hearing – After receiving and accepting of the claim and response, the ET
makes decision regarding the best way of managing the progression of the case.
 Clarification of claim – At this stage, often parties being involved aske for more data in
regards with the other case of other party (Hobbs, Waite and Payne, 2021).
 Schedule of loss – ET gives order to set out the remedy and employees could also make
preparation for counter schedule.
 Settlement discussion – Terms of settlement might be proposed from both the parties at
this stage.
 Disclosure – This is the phase where all the documents about the applicable problems
are revealed to the other party.
 Preparation of joint hearing bundle – The bundle involves all the documents which
both the parties agrees that they are applicable and must be taken into account.
 Preparation of judicial mediation – This involves preparing in regards with mediation
bundle and position statement or settlement agreement for forming a basis. At this stage
both the parties can also resolve the dispute.
 Witness statement – It comprises giving the evidence that the party desire to put.
 Preparation of chronology – It is an agreed timeline for the key events.
 Preparation of hearing – Witnesses are being prepared for hearing.
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 The hearing – This is the last step where the ET reads the bundle and listen to the
evidence for making a decision on the outcome.
b) Unfair dismissal is the most common reason for the Employment Tribunal. The unfair
dismissal is concept where the employer used to terminates the employee contract without
having any fair and correct reason of dismissing the case. This unfair claim can be claimed by
the employee if the manager of the company had the fair reason. Compensation for having
the dismissal of the claim is normal and the award is given which is called as the
compensation award. It is better to have the voluntary arbitration as is helps to give the
employee and opportunity to show their concern (Ghani and et.al, 2021). This also helps the
employees to have the opportunity by having appeal in the decision making and to resolve the
problem faster. This helps the company to solve the disagreements from developing into the
big disputes. Further this voluntary arbitration helps the company to have the better labour
management relation which helps them to grow in the market. This voluntary arbitration is
better as it helps to resolve the problem fast without going in the court (Collins, 2018). As in
the employment tribunal the people has to go in court in order to solve the problems which
are the long process for the employees to resolve their problems. Almost 95% of the cases are
set before the full hearing of the cases in the employment tribunal (Freyens and Oslington,
2021). This helps them to have the fast resolving of the cases by hiring the arbitrator in the
company which used to charge the fees and listen the both parties and used to provide it
consent in the decision- making.
QUESTION – 2
a) Collective bargaining is being referred as the mechanism related to dispute redressal
in which the employees and the employers involve in sequence of negotiations and
political manoeuvres for effecting collective agreement for resolving the dispute. As
highlighted by the International Labour Organization, the collective bargaining
involves eight important stages and these are:
 Preparing – It involves organization of the group which will represent the
workers. It also includes preparation for the list of proposals about the issues
under dispute.
 Arguing – At this stage the groups represent the argument of the workers and
authenticate their proposal
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 Signalling – Further, the representative of the workers submits the proposal
which is being regarded as ideal, however willing for the less settlement.
 Proposal – This is being regarded as one of the most crucial stages in
collective bargaining in which the one side makes a proposal in a bid for
ending the argument (Collective Agreements: Extending Labour Protection.
2018).
 Packaging – Furthermore, this stage involves making concessions,
nevertheless placing the items which are too alluring to counterattacks in
addition with the some of the cooperation needed from the other side.
Moreover, the Oher part also makes counter package.
 Bargaining – The packages being put into view by either of the parties
through determining the common interest but still efforts are made for
diluting the packages of each other party through a counter package.
 Closing – This is being regarded as the settlement time wherein the
negotiation ends.
 Agreeing – At the final phase, the common grounds are being identified amid
both of the parties.
b) The four differences between the union and non-union is as described below:
Union voices Non- Union Voices
In the union voices the power is vested with
unions of the employees. The workers in the
organization can collectively demand and
raise the voice in establishing the contract
which is beneficial for them. This makes
them to know about the exact work in the
company which is beneficial for them.
The power is vested with the employers or
the managing part of the company. The
employers in the organization used to decide
the working conditions which used to
favours the company with its workers.
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Union voices are the most effective in order
to decide the fair and reasonable wages in
the company. As the result of having the
collective result the demand of the workers
thus helps the union to work and establish
the fair wages for its workers.
The non- union voices are undesirable and
not regular in order to provide the fair
wages to the workers. The employees used
to have more focus on the maximization of
profit rather than providing the fair wages to
the employees.
Workers in the Union voices does not about
the losing their jobs in the organization.
union have to ensure about their jobs
security to the workers unless in the
happening of the misconduct (Armingeon
and et.al., 2022).
Workers in the non-unionized are basically
done in the private sector as there is
constant fear of happening dismissed from
the company.
There is the great relationship between the
supervisors and unionized workers as it has
less collaborative and has the loss of trust
among the employees.
The workers in the non-unionized are
basically allowed to have the practice their
individuals autonomy. They are required to
have the proper guidance, collaboration to
do the proper functioning of the work. They
are supervised by the supervisors and work
together in the team.
QUESTION – 5
a) Talking in relation with the direct discrimination it is referred as the process in which an
individual is being treated worse as compared to another person or other individual due to
several reasons such as race, caste, colour, features or connection with someone that has
protected features. Additionally, if an individual can not also pint point the another
individual than it is also regarded as direct discrimination. The example of direct
discrimination is when at any workplace the employee who is handicapped and is not
treated well by the manager of the company (Butler, 2016). This is against the Disability
Discrimination Act 1995. In addition to this, to be unlawful, it is important that the same
of treatment is being given to that individual at the workplace or one of the conditions
which is being covered in the Equality Act. Other than this, if an individual at the
workplace is being considered worse because of their age then it might be allowed only in
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case the employer of the firm displays the good justification for the variation in the
behaviour.
b)
 Loss of unique culture – Even though workplace equality and equal opportunities
policies with the company focusses underneath the lens of celebration of culture and
tolerance, but in reality, there is one culture which is being promoted in the company
over others that comes from different walks of life. Over the period of time,
employees belonging varied backdrops might lose their unique features.
 Accommodation is costly – Another important limitation of equal opportunities
policies is that many a times organizations have to make accommodations for giving
fair chance and this might prove expensive. For example, for disable employees, the
company has to make arrangement for costly ergonomic desk (Erikson and Josefsson,
2022).
 Bureaucratic Policies – For striving for equality within the company, each and every
firm have to define the broader idea of workplace equality and must adhere with the
multifaceted laws and rules of the government. This might not be easy as the
perception of equality are not most of the same.
 Communication issues – Last but not the least, another crucial limitation of equality
opportunities policies in the company is lack of proper communication as diverse
might hesitate to interact.
QUESTION – 6
a) Employee engagement refers to the concept that includes the human resources
concepts and used to describe the level of enthusiasm and dedication of the employees
for their performing and doing job. The engaged employees in the organization used
to care about their work and the performance of the company. This helps the company
to grow in the market and gain the profitability in the global market. The engaged
employees in the organization are more likely to be productive and used to have
higher performance in the company. Employees in the organization used to foster the
employee engagement by having the effective communication, offering them rewards
and have the good discussion on the career development of them. As having the better
communication is vital part of the company to have the employee engagement.
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b) Employee engagement is most critical and vital part for all the organization to focus
on. It is very important for the employees to be engaged in their work because by
having the effective strategies will help and motivate those to do better work this will
help the company to grow in the market and gain the profitability in the market. This
helps the company to have increase in their productivity and have the good customer
relationships. By having the engaged employees makes the firm to perform better in
the market and gain the market share. By having the engagement in the work helps the
employees to improve the employer loyalty and helps them to provide the better
customer services. This also makes the employees to have the higher employee
satisfaction and happiness in their working (Motyka, 2018).
c) There are some ways which helps the organization to have the employee engagement
and helps them to retain in the organization. By paying attention to the individual
employees makes the employees to feel satisfied and motivated in their working.
They must also provide the training to the employees which used to boost up their
performance and helps them to get engaged in their working. This will also benefit the
company to have good productivity and profitability in the market. The employer of
the organization must listen the employees which make them feel valued in the
organization and encouraged them to do work. The organization makes their
employees to take part in the decision making which helps to improve the employee
engagement in the company (Sun and Bunchapattanasakda, 2019).
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REFERENCES
Books and journals
Armingeon, K. and et.al., 2022. Voices from the past: economic and political vulnerabilities
in the making of Next Generation EU. Comparative European Politics, pp.1-22.
Butler, D.M., 2016. Equality and Anti-discrimination Law: The Equality Act 2010 and Other
Anti-discrimination Protections. United Kingdom: Spiramus Press Limited.
Collective Agreements: Extending Labour Protection. 2018. Switzerland: International
Labour Organization.
Collins, P., 2018. The inadequate protection of human rights in unfair dismissal
law. Industrial Law Journal. 47(4). pp.504-530.
Erikson, J. and Josefsson, C., 2022. The Parliament as a Gendered Workplace: How to
Research Legislators’ (UN)Equal Opportunities to Represent. Parliamentary Affairs.
75(1). pp. 20–38.
Freyens, B. P. and Oslington, P., 2021. The impact of unfair dismissal regulation: Evidence
from an Australian natural experiment. Labour. 35(2). pp.264-290.
Ghani, F. A., Razali, N. A. and Rasli, M. A. M., 2021. Unfair Dismissal under the Industrial
Relations (Amendment) Act 2020: A Legal Review. Global Business & Management
Research, 13.
Hobbs, D., Waite, J. and Payne, A., 2021. The Employment Tribunals Handbook: Practice,
Procedure and Strategies for Success. United Kingdom: Bloomsbury Professional.
Motyka, B., 2018. Employee engagement and performance: a systematic literature
review. International Journal of Management and Economics. 54(3). pp.227-244.
Sun, L. and Bunchapattanasakda, C., 2019. Employee engagement: A literature
review. International Journal of Human Resource Studies. 9(1). pp.63-80.
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