Resourcing the Organisation: Fair Dismissal, Conflicts, and Steps

This report provides a comprehensive analysis of resourcing the organisation, using Tesco as a case study. It explores fair and unfair reasons for dismissing an employee, potential conflicts arising during redundancy proceedings, and the areas an employment tribunal considers when determining the fairness of a dismissal. The report also outlines the legal steps employers must take during redundancy, and delves into several aspects of human resourcing, including motivation theory and performance management. The report emphasizes the importance of fair practices and legal compliance in all aspects of employee management, including dismissal and redundancy. The report covers topics like fair and unfair dismissal, redundancy conflicts, legal steps, and human resourcing aspects.

Resourcing the
organisation

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................2
Fair and unfair reasons to dismiss an employee..........................................................................2
Potential conflicts that may occur during redundancy proceedings in an organisation..............3
Areas that employment tribunal would consider while deciding whether dismissal was fair or
otherwise.....................................................................................................................................4
Steps required by law that an employer must take while making the employees redundant......4
Several aspects of human resourcing..........................................................................................5
.........................................................................................................................................................7
CONCLUSION ...............................................................................................................................7
REFERENCES...............................................................................................................................8

INTRODUCTION
Resourcing refers to adding a value into the organization to change over all the goals and
plans into real outcomes. In terms of the strategic planning they are considered as just a plan
which needs to be implemented. Resources in the company are included with technology, people,
machinery in relation with certain raw materials that have accurate amount of finance approaches
in it. These kind of resources are essential in turning out the ideas into actual results with the
help of adding a value in the phase of strategic planning. During the change scenario in the
business organisation resources are needed at every point of time with respect to dealing
differently in all the operations activities. By assuring that work units are being resourced
appropriately to achieve all the plans which need to be implemented after those resources value
would be added. In relation with the performance of any kind of business it is being assessed that
all the employees comprise the most significant part of the company (Alsulamy and et.al, 2021).
So, in terms of employee resourcing it is described as assuring that the business organization
retains the aspect of human capital which is needed and employs them in a productive manner. It
is the capability of the management department to determine the most efficient people which
should not be dismissed from the organization and work efficiently. The dismissal of employees
should always be done in a fair manner and they should not be redundant just on the basis of
unnecessary elements. Dismissal is in relation with the level of employees conduct as well as
their capability. The employers of business organisation should consider all the factors and after
that make the decision regarding dismissal. In order to compare what should be required in place
of what resources the form of gap analysis is used. Both the senior executives and the leaders
have to analyse how this gap would be successfully met after making the usage of right kind of
resources. The below report is based on TESCO. It is a British multinational general
merchandise and groceries retailer and is the third largest retailer around the world. The
company was founded in the year 1919 by Jack Cohen. The essay involves certain reasons that
can be used to dismiss an employee, main areas for conflict during the period of redundancy and
aspects of human resourcing (Ball and Morrissey, 2021).
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MAIN BODY
Fair and unfair reasons to dismiss an employee
There are various fair as well as unfair reason in order to dismiss an employee as per the
law.
Fair reasons: -
 The first fair reason is the form of conduct or misconduct. On the basis of this there are
certain issues which are in relation both of them are in the form like poor time keeping
and when such kind of behaviour do exists then certain disciplinary warnings can be
provided with respect to a misconduct. Another reason for dismissal is the capability and performance. In terms of the capability
it means the aspect of poor performance. It may happen that employees suffers from
illness due to which it becomes challenging for them to do the job (Bulgachev and et.al,
2021). It is a fair reason to dismiss an employee but before doing this the employer need
to give some sort of time so that they can get recovered. Redundancy: - It is defined as the phase in which the employer needs less or even no
workers. It can happen in various conditions like if there is a change in the location,
business is getting closed , if a specific function is not required so on the basis of this it is
a fair reason to dismiss them.
 Breach of a statutory restriction: - In accordance with this it is used as a dismissal of an
employee when someone is breaking the law. On the basis of this company need to
follow a proper formal procedure in order to dismiss.
 There are certain other fair reasons also which can be used in the dismissal. It can be in
terms of expiry of a fixed contract or if a worker doesn't get agree to some kind of
changes as per the set terms and conditions.
There are certain other reasons also for dismissal and all of them are acceptable. If the
economic period is being difficult then it becomes essential to decrease employees (Evans and
et.al, 2021). One of the reason is “ At will” employment policies. In context with this
organisation has the right to dismiss the employee at any point of time and on the basis of any
kind of reason.
In relation with the idea of unfair dismissal it is subject to two forms of interpretations
and these are moral and legal. If an employee gets terminated then it is considered as the unfair
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reason on moral basis but at the same point of time it is a legal concern also. There are many
conditions in which unfair dismissal is being considered. It is further being explained below: -
 If an employee apply for an adoption leave or is asking for flexible working period and
companies reject them then it is unfair.
 In accordance with constructive dismissal it is when an individual is forced to leave the
job even when they don't want to. It is unfair because there are no valid reasons behind
this.
 As per automatic unfair dismissal it is described as those situations in which the worker is
dismissed for a particular reason which is being protected by the aspect of legislation
(Garvin and Kimbleton, 2021). The examples are like adoption leave, trade union
activities and so on. It carried certain consequences also as if the employment tribunal
finds the dismissal unfair then the employer would not be able to defend the assertion.
Potential conflicts that may occur during redundancy proceedings in an organisation
There are certain potential problems that is following redundancy like in terms of unfair
redundancy selection, failure to properly consult and many more. A worker can be automatically
dismissed if they are chosen for redundancy in terms of any of the reason as they would be able
to make an unfair claim irrespective of how long they have been working in the company. There
are different types of conflicts that may occur like failed to provide suitable work where it was
available or didn't follow the essential consultation procedure. If a worker is not being redundant
or the procedures which are being followed in order to make redundancies are not fair then
organisations may face conflict for unfair dismissal and mostly the case of discrimination.
Redundancy is described as a phase in which an employer decreases their workforce with
respect to the aspect that some jobs are not needed. There are various reasons behind this like
cutting down the expenses or some sort of technology that has made the job indispensable. If the
only option left is redundancy only then it becomes very challenging and difficult as it leads to
the aspect of insecurity. It creates an impact on people lives. On the basis of this various conflicts
get arise if clear communication would not take place.
Areas that employment tribunal would consider while deciding whether dismissal was fair or
otherwise
The employment tribunal need to consider certain things before deciding it is fair or not.
Before deciding the result of overall claim in terms of the dismissal the tribunal need to look at
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certain legal tests. In terms of general legal tests it would look at that while applying the unfair
dismissal claims (Gribben, McCarrick and Lyons, 2021). It is necessary that all the employers
understand about the dismissal process and what areas should be considered. One of the areas
which should be considered is the ACAS code of practice. On the basis of this employment
tribunal would consider while assessing everything. This process should be followed if
disciplinary action is being taken and the reason behind this is the aspect of misconduct. On the
basis of investigatory meeting it is an attempt to receive a measure of all kinds of facts which are
there. The employment tribunal considers it as it enables them to determine the full conduct and
define all kinds of factors. Through this it is considered that whether the dismissal is fair or not.
There are three main areas that is considered in deciding the dismissal and these are the conduct
of the employee, operational requirements and the capacity of employee.
In terms of the conduct of the employee to decide whether the dismissal is fair or not all
the rules and regulations must be lawful and workers should have essential knowledge regarding
this. The phase of dismissal should be considered as an accurate endorsement. On the basis of
capacity of the employee the employment tribunal considers an evidence which indicates the
aspects of health and safety, poor work performance and many more. In relation with certain
operational requirements the tribunal may consider various factors like structural, technological,
economical and many more.
Steps required by law that an employer must take while making the employees redundant
There are several steps need to be taken while making all the employees redundant and it
is being explained below: - Identify at risk employees: - All the workers should be selected in a fair manner by
applying the pre-determined redundancy criteria (Harfoush, 2021). If an employee is
getting affected then it is needed to determine sort of employees in order to access against
the criteria. Defining the selection criteria: - On the basis of this there are certain measures need to
be considered like qualifications, disciplinary record and so on. So, while making the
employees redundant they need to follow all the laws in terms of certain factors.
 Voluntary or compulsory redundancy: - There are some situations on the basis of which
it may be the interest of company to provide the form of voluntary redundancy (Kates,
Kesler and DiMartino, 2021). While making the employees redundant there are different
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components which need to be considered as on the basis of all such circumstances it
would help in informing whether voluntary redundancies should be offered or not.
A situation of redundancy occurs when there is not a need of employee to further carry
out the work or to work in that specific location. Through this whole business organisation gets
affected and it can be both transient as well as permanent. So, with respect to this employer need
to take certain steps while contemplating the workers and it is being explained below: -
 Determining all kinds of roles and responsibilities that are being affected
 The identification of selection criteria in terms of disciplinary record, timekeeping and
many more.
 Individual consultation meetings on the basis of both before and after the assessment
tests.
Several aspects of human resourcing
There are diverse aspects and theories of the phase of human resourcing and it is further
being explained below: - Motivation theory: - In relation with this theory it means to create a passion towards the
worker so that all objectives can be achieved and constantly grow the business
organisation. In accordance with this respective theory the concept of performance
management is analysed (Pajula, 2021). All the workers get more aroused towards their
aims when they get several types of rewards for their performance and assure that all the
workers are getting motivated and is doing the work with full level of efficiency. In
relation with TESCO they also maintain and manage the performance of employees by
developing a corporate steering wheel through which the business organisations assures
that all the strategies when they implement in order to enhance the performance were
efficient. Organisation behaviour theory: - The theory mainly focuses on enhancing the
performance and at the same point of time increasing job stability. It is very significant in
the company to concentrate on improving employee performance. The phase of human
resourcing is about training and development (Rosett and Hagerty, 2021). So, while
offering good level of training to all the workers the behaviour also gets improved. In
terms of TESCO they also focused on formulating a structured approach with regards to
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providing training in order to assure growth in the specific sector. So, on the basis of this
they offer both on the job as well as off the job training. In terms of the organisational
behaviour they also focus on good level of decision-making and enabling a democratic
style of leadership. At the same point of time they make improvements in the
organisation culture also. Resource based theory: - It is based on the concept that business organisations has
complete use of all kinds of materials and data as it is crucial for the company. All
resources which are essential should be provided to employees also. On the basis of this
the aspect of human resource in context with the working conditions should be provided.
The workers in the company should be offered with all the amenities as it is considered as
a main requirement for them. In accordance with the chosen organisation they provide all
the facilities to employees and building up efficient culture.
 Human capital theory: - It is described as the phase of people's investment being done in
themselves. It is considered that people who are more educated leads to more developed
productivity and the reason behind this is that they earn more revenue in comparison with
other individuals (Sahi and et.al, 2021). As per this theory the phase of human resource
management is in context with both selection and recruitment. While following this
concept organisations should assure that those type of employees should be selected who
will lead to better productivity phase in terms of their level of education. As per the
selected organisation the whole team of human resource management is used to provide
guidance to each employee and assure that in order to achieve growth they are offering an
effective path to all the workers.
To develop the credibility and understanding of all the aspects it has been evaluated that
company lift their financial aspects with the help of capital markets and also offer certain
elements in order to manage the risk. The company deals in millions of dollars on continuous
basis. In relation with TESCO they also allowed various human resource aspects which is being
explained below: - Health and Safety: - The company provided all the facilities to their workers which
developed their level of credibility (Saunders, 2021). They also give efficient training to
all the employees in terms of health and safety management. They also involves
treatment facilities which is beneficial to everyone.
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 Equality: - The company never did discrimination against the forms of gender, religion
and so on. They followed all rules and regulations to equality so with respect to this
government never stopped their business operations.
 Employee engagement: - In terms of this the business organisation use different kinds of
strategies for motivating their workers so that they can develop listening skills also
(Schultz, 2021). The main reason behind success was their impressive employee
engagement and interaction between them.
CONCLUSION
From the above report it has been concluded that in a business organization to accomplish
success there should be best use of all kind of resources and it must be available at each point of
time. There are many fair as well as unfair reasons to dismiss an employee. Sometime the
company don't need much employees so on the basis of that it is considered as a fair reason to
dismiss them. At the same point of time if they are feeling ill and are not able to perform
efficiently then company has a fair reason to reject them. Besides this there are certain other
unfair reasons also like if employee just wants some weeks or a month leave because of health
issue of any other way them it is not correct to disregard them because on the basis of this it
would be unfair to do with all the employees. It is also been determined that there are several
aspects of human resourcing that are indulged with the theories like human capital theory,
motivation theory and many more. In terms of the employment tribunal it is essential for them to
consider certain things and on the basis of that make the decision with respect to dismissing the
employee.
REFERENCES
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Accident Risk Management via Bowtie Barrier Model. In SPE/IADC International
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Safety Progress, p.e12243.
Gribben, A., McCarrick, C. and Lyons, D., 2021. Social discomfort, isolation and repercussions
of lockdown across psychiatric inpatient campuses. Irish Journal of Psychological
Medicine, pp.1-2.
Harfoush, F.A., 2021. From Big Data to Intelligent Data. Management for Professionals.
Kates, A., Kesler, G. and DiMartino, M., 2021. Networked, Scaled, and Agile: A Design Strategy
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Pajula, M., 2021. Modification of aircraft interior components.
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Economics, p.108201.
Saunders, J.N., 2021. The power of the arts in learning and the curriculum: a review of research
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Schultz, J., 2021. The relevance of project management leadership skills in failed or
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