Analysis of Industrial Action, Conflict Resolution and Employment Law

This report provides a detailed analysis of industrial action and conflict resolution within the context of employment law. It begins by describing a specific industrial dispute, examining the parties involved, the actions taken, and the nature of the conflict. The report then explains what constitutes 'official' industrial action, defines conflict and misbehavior in the workplace, and compares the chosen case study to historical industrial disputes. Furthermore, it discusses the role of HR professionals in advising and guiding managers to effectively manage and resolve disputes, and explains the functions of external conciliation, mediation, and arbitration services. The report also delves into the indeterminate nature of employment relations, contrasting unitarist and pluralist approaches, and assessing factors impacting these relations. It examines the contract of employment, sources of UK and EU employment law, developments in individual employment law, and the purpose of statutory trade union recognition. The report further explains employee involvement, participation, and partnership, comparing union and non-union approaches to employee representation, and assessing the link between employee voice and organizational performance. Finally, it distinguishes between conflict and misbehavior, official and unofficial industrial action, contemporary trends in conflict, and the skills required to guide managers in grievance handling, concluding with a discussion of third-party conciliation, mediation, and arbitration. Desklib offers a range of study tools including solved assignments and past papers.

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

managers through effectively communicating the needs of both the parties to each other. The
strike by the union which resulted in the chaos was attempted to be resolved by negotiations but
that could not help and thus they were later resolved by discussions which resulted into an
agreement between the two parties. The strike lasted for more than two months. This scenario
would have been different under the proper HR advice to the managers of the Company.
Thus HR which is commonly known as the Human Resource Management must know
the challenges that makes opportunities generated within the role of management of human
resource taking place within an organization.
An explanation of the roles of external conciliation, mediation and arbitration
services
In order to resolve a dispute related to workplace rather than directly going for a legal
remedy there are many more options available which are both convenient and effective such as
Arbitration, Mediation and Conciliation. This is based upon solving dispute without going to
court since these methods has gained popularity as they leads towards making development done
within legal persistence making fair judgement produced without following long process of
litigation. Mediation and conciliation makes common point of agreement taken place between
parties with positive set of mind. Arbitration has helps in solving dispute which are based over
contract and torts laws in order to make parties follow decision passed by arbitrator.
Mediation is where one person who acts as a mediator in an impartial way for both the
concerning parties by making them come to an conclusion which is common in nature making
both parties agree over points. This process of dispute resolution is usually quicker and less
expensive than going to the court and taking legal action. Further conciliation is more or less
similar to mediation. Generally it is used when there is some specific legal dispute rather than
more general problem. In conciliation the main task of conciliator is of just to encourage both the
concerned parties to come to the common result. The conciliator acts as an independent and
impartial person and is bound to keep all the discussions done on his table as confidential. He
just assists the parties in making their thoughts clear and look at ideas that they have for resoling
the problem.

Further in Arbitration, an arbitrator who is an impartial outsider decide between the two
claims of the parties. The arbitrator makes a stern conclusion on the facts stated by the parties
and acts like a judge. Here the parties in prior can decide the applicability of the award, whether
it will be legally binding or not. In cases or collective bargaining by the trade unions, this form of
dispute resolution is often used. This is understood with the help of example which is based upon
trade union calling for strike making disagreement with employer, that helps in making common
agreement which makes appointment of arbitrator over rational income.
Conclusion
From the foregoing discussion, it can be inferred that a lease is the procedure by which a
property which is based upon legal and effective perspective making tenant hold right in relation
over property making duration of lease increased. The first section of this file discusses right of
way, which is based on allowing a person to utilize a portion of land without transferring
ownership. The advantage of a restrictive covenant is then critically evaluated in the second
phase.

Activity 2
Introduction
Employment laws are must for a business to run efficiently and smoothly. These
employment legislations protect the employees, employers and the business through various acts
and they act as a guideline for proper conduct at the workplace. These legal frameworks largely
govern the business environment. Clarity at work and relations at workplace is why the
Employment laws of UK are important. The Employment Relations Act 1999 act covers
statutory provisions governing how a trade union functions, how the unions are formed, their
recognition, agreements related to unions, membership in trade union, unfair dismissal. The
report below will discuss in detail about the contract of employment, its legal requirements, the
sources of employment legislations, the recent developments in employment acts, trade unions,
its recognition and de recognition process.
1.1 Analyse the indeterminate nature of employment relations
Organisation is a place of personal and professional relations and thus an organisation
needs to understand the importance of a strong management. The line managers should realize
the value of maintaining healthy relationships between the employees because they are the
resources of an organisation (Fink, 2020). They need to realize the worth of engaging its
employees in the activities of the organisation and thus this responsibility lies on him to see to it
that due to lack of good relations the business should not suffer. Conflict and problem resolving
should be the core of managing the relations by the line manager. He should encourage positive
behaviour and should be consistent in developing an organisational culture which is healthy and
friendly. Quality of performance of the employees can be developed by him while performing
his duty. The most basic aim of the line manager should be to achieve goals of the business by
developing employee relations at the work place. He should be effective while communicating
and should be a good listener of the problems of employees. They must act as a bridge between
the CEO and the employees and work towards team bonding. So, line managers should
effectively develop their ability and skills of managing employer-employee relations.

1.2 Discuss unitarist and pluralist approaches to employee relations and the
implications these have on the employment relationship
Unitarism approach means those perspective which is based over sharing interest of
employees within an organization. Further, it can be observed that Unitarism approach based
over managing workforce working over welfare of an organization. Unitarism persevere over
making employer and employees work in order to make positive approach developed upon
achieving common goals set by an organization.
Pluralism approach is based over achieving strong industrial relation helping in acknowledging
about different employees and there requirements. The approach makes employer fulfil
employees basic needs.
1.3 Assess a range of factors which put impact on employment relations
In the scope of employment relations,which can get influenced by many components, which can
further affect the performance of the activity of their employment. The relationship which states
and apparently safeguarded under the provisions of Employment Law of the United Kingdom.
The relationship which stabilizes between the employee and the employer. An optimistic
approach for maintaining the employment relations which includes, a lasting commitment,
assurance from the organisation and a high scale of positive work culture to resolve the disputes
if any occurs inside the purview of workspace. Furthermore, the components which tends to put
an impact on the employment relations involves, Chain of command related to management, The
arrangement of planning, Balancing between the work life and personal space, Economic
components, Problems arising from individual lifestyle and the External components
(Tscherning, 2018).
2.1 Describe and critique the essential features of the contract of
employment
A contract is a legally binding agreement between a employer and a employee. It is a
foundation stone of relationship in a business or organisation. A contract lays down the details
of the employee, employment conditions, duties, responsibilities, rights, wages and working
hours. These conditions are termed as the “terms of contract”. Employment contracts are