Contemporary Development in Employment Relations PDF

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Contemporary Development in Employment Relations
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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
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the employment relationship include political, social, economic, technological, legal and
environmental factors (Lasrado, 2018).
Different Perspectives of Employment Relations
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).
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
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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

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any reason the attempts are not successful the aggrieved party should consider raising a
grievance or use of mediation through the labor unions.
Main sources of UK and EU employment relations
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.
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
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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
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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.
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

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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.
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
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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).
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Official and unofficial Industrial Actions
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).
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

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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
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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.
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
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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.
Third-party conciliation, mediation, and arbitration
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).

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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.
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