CIPD Level 5HR01 Employment Relationship Management Assignment Example

Published: 28 Nov, 2024
Category Assignment Subject Management
University ___________ Module Title 5HR01 Employment Relationship Management

Unit 5HR01: Module Overview

This unit defines and explores the best practices and strategies for successfully transforming, maintaining, and improving employee relations to improve their working lives and how this can affect organisational outcomes.

What You’ll Learn in 5HR01

You will learn about activities that promote improved working lives and distinguish between employee engagement and employee participation. You will also examine conflict and misconduct, evaluating new directions in conflict and industrial penalties, third parties’ mediation, and arbitration.

Last but not least, you will be introduced to legal matters, including performance, disciplinary, and grievance matters, and finally how to deal with such matters legally.

Table of Contents 

5HR01 Assignment Task 1: Understand employee voice and Practices to support better working lives

CIPD Level 5 5HR01 1.1 Differentiate between employee involvement and employee participation and how they build relationships. 

CIPD Level 5 5HR01 1.2. Compare forms of union and non-union employee representation.

CIPD Level 5 5HR01 1.3. Evaluate the relationship between employee voice and organisational performance.

CIPD Level 5 5HR01 1.4 Explain the concept of better working lives and how this can be designed.

5HR01 Assignment Task 2: Understand different forms of conflict behavior and dispute resolution.

CIPD Level 5 5HR01 2.1. Distinguish between organisational conflict and misbehavior.

CIPD Level 5 5HR01 2.2. Assess emerging trends in the types of conflict and industrial sanctions.

CIPD Level 5 5HR01 2.3 Distinguish between third-party conciliation, mediation, and arbitration.

5HR01 Assignment Task 3: Understand how to manage performance, disciplinary and grievance matters lawfully.

CIPD Level 5 5HR01 3.1. Explain the principles of legislation relating to unfair dismissal concerning capability and misconduct issues.

CIPD Level 5 5HR01 3.2. Analyse key causes of employee grievances.

CIPD Level 5 5HR01 3.3. Advise on the importance of handling grievances effectively.

5HR01 Assignment Task 1: Understand employee voice and Practices to support better working lives

AC 1.1.  Differentiate between employee involvement and employee participation and how they build relationships.

Answer:

Employee participation always means the degree to which employees are involved in decision-making, this will therefore mean that employees will be allowed to provide input or suggestions on issues that will affect them in their workplace.

Employee involvement is about engaging the employees regarding how their workplace is run and what happens in it. There are multiple opinions on how people perform their tasks and what needs to be altered in the future. Participation also involves making information available to the employees, inviting responses, or seeking the opinion of the employees as to something that may be of concern.

Difference

  • Employee participation is all about allowing the employee to have input in the way business is conducted and what transpires in that business.
  • Participants hold organizational decisions on how affairs are conducted and what transformations should be implemented.
  • Another way of this participation is in sharing information with employees, seeking their feedback as well as seeking their input in certain or certain issues.

Employee engagement and employee participation should be looked at as two separate concepts that are both central to the establishment of a relationship between workers and employers. If employees do not just feel like `someone’s employees, no matter this reality if they feel heard, if they feel as if their opinion matters and is being deployed.

Where employees feel that they are not only seen as people who are employees of a certain company regardless of this reality, if they feel as if they have been listened to then their opinions are valued, and wherever they give a given opinion this is taken into consideration and used. This will make them more active and they will participate more in the workplace and they are more loyal to the organisation.

AC 1.2.  Compare forms of union and non-union employee representation.

Answer:

Union Employee Representation

Trade Unions: Trade unions are organisations of employees who collectively bargain with employers as they seek employment opportunities. Liaise with employers in the determination of wages, working conditions, and other emoluments. Also, wage workers get assistance during industrial remunerations where trade unions make sure that employees have a say in case of a dispute with employers. The United Kingdom’s Unite the Union is an example of a trade union.

Non-Union Employee Representation:

In its latest edition, employee forums are a form of non-union employee representation through organization and discussions and feedback given to the management. These forums are made up of employee representatives elected to meet with management on a freelance basis to discuss matters such as workplace policies, health issues, and other affairs that concern the employees. Trade-free speech forums are intended for open inquiries and receptions from employees other than in the union setting.

Similarities:

  • Trade unions and employee forums are bodies through which employees can provide their opinions about matters affecting them in the workplace.
  • It seeks to optimize working conditions, improve the satisfaction of employees, and foster positive organizational development.
  • In both systems, employees are offered elected or appointed officers who discuss many issues with management.

Differences:

  • The major distinction between trade unions and employee forums is in the extent of the two and the powers therein.
  • Trade unions are official and legalized organisations that may negotiate, have rights to a strike, and or fight for the legal rights of employees.
  • These are normally established on a national basis and can consequently bring about changes within the whole industry.

However, in created by the employees and is often used within a particular company more commonly known as employee forums.

AC 1.3. Evaluate the relationship between employee voice and organisational performance.

Answer:

The relationship between employee voice and organisational performance can be easily understood when you go through mentioned advantages and disadvantages.

Advantages of employee voice on organisation performance

Simple means of employee voice is that you give the ability to your employee that they can express their concerns and opinions in the organisation as well. Research suggests that employee voice positively impacts the performance of the organisational.

One of the main advantages is this will involvement of more stakeholders which leads to a broader range of ideas and solutions, that can be able to drive positive change. Also, when employees feel that their voice is not just ignored but is heard, this gives them job satisfaction, which eventually results in boosting productivity in the workplace which eventually reduces turnover, and benefits in enhancing the organisation's commitment.

Employee voice is not limited to getting job satisfaction, this will also contribute to a more effective decision-making process. Listening to different employees will provide you with more outcomes, as management can combine their expertise with the insights that they have received from employees. This will also build trust between employees and managers through open communication, and will also enhance cooperation among them within the organisation by properly motivating the workforce.

Disadvantages of employee voice on organisation performance

It’s not that all it has is advantages, there are some disadvantages to this as well. One of the biggest challenges is that there might be cases where management might share information more than required. The overshared feedback from the management will make it difficult for employees to find a particular issue. This will only delay the decision-making and implementation process.

Another big disadvantage that one can have is the risk of employees being under pressure. In some organisations, employees may feel pressured to provide insights that are valuable to the organisation, and if they fail to do so they might feel underconfidence in the workplace. Or even if they do so, this will provide you with low-quality feedback which does not make any sense and will simply impact the organisation in simply wasting their time.

AC 1.4  Explain the concept of better working lives and how this can be designed.

Answer:

Concept of Better Working Lives

Better working lives are all about improving the work quality of places and things that affect employees’ health, happiness, and performance. It especially focuses on the creation of design at work and jobs, which are not only profitable financially but also beneficial to the health of the employee.

Creating Better Working Lives, the Good Work Index published by the CIPD shows how to build improved working lives. It indicates important fields including job contents, work environment, employees, and representation and equality. By enhancing these aspects, organisations can come up with some objectives that if accomplished, enhance working conditions for employees.

Ways through which You Can Improve your Working Lives

  • Enhancing Job Quality: From the theory of job quality, it is clear that employees’ working lives can be enriched by improving job quality. This has to do with the elaboration of responsibilities and specification of the expected workloads. For instance, the Google organization has adopted flexible role models they sort to ensure that employees engage in creative and innovative practices. Using this approach also increases job satisfaction while at the same time increasing the performance and motivation of the employees.
  • Promoting Work-Life Balance: They should have the same importance – career and family, friends, hobbies, interests, etc. Organisations can contribute to it by offering some arrangements like teleworking, individually adjustable working hours, and shift sharing. For example, Microsoft company has embarked on implementing work flexible policies where working schedules can be adapted given workers’ wishes. It decreases stress levels at work hence avoiding work burnout and increases general job satisfaction levels.

5HR01 Assignment Task 2: Understand different forms of conflict behavior and dispute resolution.

AC 2.1. Distinguish between organisational conflict and misbehavior.

Answer:
 
Organisational Conflict: Organisational conflict can be defined as a situation of conflict occurring between two or more people or groups in an organisation. These conflicts can emanate from differences in opinion, values, interests, or goals of organizations or individuals involved in a conflict. Organised conflict can be constructive if well harnessed and some of the benefits that result from organisational conflict include better decisions, new ideas, and enhanced relationships. For instance, a marketing and sales clash over resources may culminate in a better strategy overall for the organisation.

Organisational Misbehaviour: Organisational misbehavior can be crafted as actions of employees that are deliberately done and are against the set organisational rules or regulations. While conflict can be as a rule in the organizational process, misbehavior is more often than not dysfunctional and unacceptable. The activities under this category are malfeasance, bullying, absenteeism, and any other behavior that can be deemed as misconduct in the workplace. For instance, an employee who constantly embezzles or presents fake reports is behaving in a miscreant manner.

Differences

  • Conflict is different from misbehavior in organizations based on purpose and effect. Organisational conflict is a disagreement between workers that can positively transform an organization if well harnessed.
  • Misconduct on the other hand includes actions that are policing against organisational policies and have a detrimental impact on the functionality of the organization. For instance, if two workers have a conflict of how to accomplish a task, that conflict can produce better results if managed constructively.

However, if an employee is deliberately undermining a fellow employee’s work out of revenge it becomes misconduct.

AC 2.2.   Assess emerging trends in the types of conflict and industrial sanctions.

Answer:

Emerging Trends

Here are some of the emerging trends in types of conflicts and industrial sanctions that are recently been seen a lot. With the understanding these trends what impact these trends have is discussed as below:

Trend 1: Change in More Strategically Planned Strikes

In the past, strikes tended to be long-drawn and crippling, mainly because they sought to subject management to as much stress as possible. Contemporary strikes are in contrast now far shorter and far more precise. With this regard, employees and labor organisations are more often turning to short, intermittent industrial actions to avert many of the difficulties related to long strikes. For example, there has been one day or even one-hour strike to make a certain point without causing much inconvenience to organisational schedules.

Impact of this trend

It is this tendency that enables unions to make demands for reforms while enjoying public and employer support. Shorter strikes are less costly to companies because they have less impact on firms; therefore, it is easier for employees to obtain objectives such as higher wages and improved working conditions compared to long-term strikes. They also stop small-scale industrial actions, which if continued lead to worker absenteeism that causes friction between the employees and employer.

Trend 2: Industrial Actions Usage of Social Media

With the expansion of social media, the conflicts within the industry and the ways of its organisation and management were also changing. The use of Twitter, Facebook, and LinkedIn has become crucial in planning strikes, sharing information, and mobilizing support. For instance, in industrial actions, workers can turn to social media to post details of the strikes, air their grievances and help to organise other employees. For instance, active use of social networks during “Occupy” protests or similar movements by various labor unions in the course of campaigns for strikes or other forms of protest.

Impact of this trend

Industrial conflict communication is boosted on social media and raises engagement among affected parties. It allows the workers to disseminate information on their own to the target consumers and the stakeholders without necessarily going through the media. It can build up more pressure on the employers and enhance the possibility of gaining optimum outcomes for the employees. But it comes with new problems like employers’ reactions, fake news circulation, and the quickest ways to spread fake news, too. Otherwise, if there is an increased exposure then it could lead to even worse situations in sensitive positions.

AC 2.3  Distinguish between third-party conciliation, mediation, and arbitration.

Answer:

  • Third-Party Conciliation: In the third-party conciliation a third and independent person, called the conciliator is involved in helping the two disputing parties to agree. The key duties of a conciliator include the explanation of the problem and the task of generating the terms of the negotiation without the proffering of advice. On the other hand, the conciliator advises the disputants to reach the settlements by speaking with one another. This method is used frequently in labor relations, especially during strikes, when a resolution is realized without going to court.

  • Mediation: Mediation is a process in which a third party is willingly assisting the parties who conflict with each other to agree. A mediator is more involved with the parties to the dispute than a conciliator. In the process of leading, the mediator provides opinions, coordinates communication, and presents the views and proposals of the participants. Mediation is an intervention process, which helps to bring a solution without the forceful decision made by the mediator.

  • Arbitration: Arbitration is even more formal than mediation because the parties to the dispute agree to have a third party, called an arbitrator, decide for them. While in conciliation and mediation, the third party helps the parties to agree, in arbitration the arbitrator hears the evidence of the parties and makes and enforces a decision. This is usually applied where the issue of the case is of a civil or commercial nature and where clear and enforceable orders have to be entered. The arbitrator works like a judge where he considers the cases of the two parties and comes up with a final decision.

Distinctions

Conciliation, mediation, and arbitration vary in approach and results as shall be seen in this paper.

â—Ź    In conciliation, the parties are encouraged to communicate and negotiate without the help of a lawyer or a pre-determined outcome.
â—Ź    Unlike settlements where the mediator offers directions and possible resolutions, the resolution is not compulsory.
â—Ź    While in arbitration, it leads to a more authoritative decision by the arbitrator making it more official and conclusive.

5HR01 Assignment Task 3: Understand how to manage performance, disciplinary and grievance matters lawfully.

AC 3.1. Explain the principles of legislation relating to unfair dismissal concerning capability and misconduct issues.

Answer:

The law relating to Unfair Dismissal

Thus, unfair dismissal is governed by the ERA 1996 as well as other statutory instruments. This legislation defines the employees’ entitlements to unfair dismissal and the legal ways and reasons why dismissal can occur. Under the ERA, employers are allowed to dismiss employees for a reason and legally.

Fair reasons that are under ERA for dismissal:

The ERA identifies five fair reasons for the dismissal:

  • Capability: This has to do with an employee’s inability to perform his or her work because of a lack of skill, work experience, or poor health.
  • Misconduct: This includes action that is in disagreement with the organization’s regulations or principles.
  •  Redundancy: This takes place when an assignment’s holder is dismissed, redundant or the company’s operate reduction in the number of employees.
  • Illegality: This is when they are dismissed to avoid a legal consequence of continuing with their employment.
  • Some Other Substantial Reason: This involves other countering reasons that make dismissal right but which are not catered under the above-said categories.

Mechanism for Handling Capability Problems

When managing capability issues, the following steps should be followed:

  1. Investigation: Evaluate the employee’s performance; look for problems and gather objective proof of performance concerns.
  2. Informal Discussions: Sit down with the employee to talk about the issues connected with performance, and how to correct it and set new attainable objectives.
  3. Formal Procedure: If performance does not enhance, go through a procedure, and notify the person in writing of a capability meeting.
  4. Disciplinary Meeting: Hold a formal session, where the employee may explain the matter from their stand and where performance problems will be discussed.
  5. Right to be Accompanied: Dismissal hearings; Every employee shall be allowed to be represented by a companion of their choice, which may also include a union official.
  6. Outcome: If performance does not change, a dismissal decision may be taken but the employee must not be denied an opportunity to be heard

The processes to follow for outlining the misconduct 

For misconduct issues, the process involves:

â—Ź  Investigation: Investigate and document cases of the misconduct committed and the witnesses.

â—Ź   Disciplinary Hearing: Write to the employee to notify him or her of the disciplinary hearing concerning the behavior of the employee.

â—Ź   Disciplinary Meeting: Hold the hearing during which the employee can explain the case and present some sort of proof; the employee may be allowed to have a representative if the employee so chooses.

â—Ź   Decision: Come to a particular conclusion, write a conclusion in black and white, and put it within the appeal process.

Capability and Misconduct Assessment

Capability concerns relate to when an employee is personally impaired in some way and may need some form of training or medical attention. However, misconduct refers to conduct that complies with the company’s regulations and standards to deliberately violate the applicable rules and regulations that lead to punitive measures. The main distinction is that capability concern requires rectification assistance while misconduct requires punishment.

ACAS Code of Practice

The ACAS Code of Practice sets out how employers and employees should, or should not conduct themselves about disciplinary and grievance matters. This code must be followed to the letter to avoid cases of unfair dismissal being brought up in court. Thus, for example, even if there were grounds to dismiss, the ACAS Code was not followed by an employee, and a tribunal considers dismissal as unfair. Adherence to the code ensures that any process is carried out impartially, openly, and without bias.

AC 3.2. Analyse key causes of employee grievances.

Answer:

Employee grievances mean employees suffering with something that they may find unfair and wish to complaint about it to someone. All the unfair practices that they are suffering in the organisation come under employee grievances. Reasons for this can be poor management, lack of flexibility in the workplace, unfair rules, poor communication, toxic work environment, and many other reasons as well.

1. Unfair treatment:

The high incidence of employee complaints arising from workplace relations is a result of perceived or actual injustice in organisations including remuneration inequalities or subjection to preferred employees. For instance, if the process of promotions or salary increments seems like it is influenced by favoritism, then employees feel that unfairness is being practiced. It is these biases that reduce management credibility and lower organisational morale in general.

Impact: This noise when employees feel that they are unjustly treated they begin to lose interest, the commitment level reduces and there is a high rate of absenteeism and turnover. This lack of motivation can lead to direct effects on the company’s productivity, as well as on its reputation.

2.  Toxic work environment:

A toxic work environment can be one of the biggest reasons for employee grievances. It just not only impacts their behavior, but it may even impact their decision to continue their job in the company. The toxic work environment is created for many reasons, it can be because of poor management, lack of flexibility, and unsafe working conditions. This will create a sudden lack of well-being in them, this will eventually make grievance grow. If the management is making biased decisions this can also create a toxic work environment. It is better to know the reasons before you try to solve it and provide the relevant solution to the employee. Upper management is the only one that can do something about this and can make relevant decisions for this.

3.  Poor Communication:

Lack of communication is among the main sources of the violence identified on the employees in the workplace, their comprised and unclear regarding what is expected from them in the workplace. This will do nothing but just comprise unclear communication regarding the expectations and poor or limited feedback. This can even be very limited or no information regarding any organisational change. For example, we take an organisation in which employees are not taught or made aware of changes that the organisation is going to make, whether it is their positions or changes in policies this will surely increase employee grievances in the company.

Impact: The most apparent consequence of extensive communication breakdown is conflicts and misunderstanding in the working environment, orgnisational inefficiency, and low levels of cooperation among the employees. This can also create a negative work, culture of mistrust and or feeling of marginalization or lack of appraisal from the upper management.

AC 3.3. Advise on the importance of handling grievances effectively.

Answer:

1.  Do avoid all legal claims

Employees’ complaints should therefore be dealt with before they escalate into legal matters aspects being dismissal or discrimination. Neglect all employee complaints and they are most likely going to seek legal remedy. For instance, one may learn the lesson, concerning compliance with the pre-inducted grievances procedure. Unfortunately, the absence of a fair grievances procedure was a hurdle, and therefore the employee received compensation for the unfair dismissal. The management of grievances avails the organisation of legal claims and the ensuing expenses. Particularly since grievance management reduces employment infractions, and in a worst-case scenario, legal actions.

Impact: Dealing with the grievance will reduce the extent of the legal complaints and all the related costs. So, following some generally accepted procedures and handling complaints, for example, the organisation will be able to prevent legal proceedings.

2. Staff satisfaction and motivation

This is true that addressing employee complaints or concerns as fast as possible, makes them feel that they are getting heard in the organisation and therefore improves productivity. If the grievances are dismissed or dealt with unwisely then there would be no doubt that the dissatisfaction with the job and morale will be very low, which will impact in harming the environment of the organisation and will also harm the productivity of the employees. For example: failure of management to respond to the grievance will result in the demoralization and poor productivity of the team. This case tells us that in case grievances will go undressed and they will reduce organisational norms and employees' commitment.

Impact: A positive work environment leads to more performance and more participation of the employees in their organisational work. Whenever employee feels their concern are not just avoided but heard and addressed in the best possible way, they get more loyal to the organisation. Whereas in case grievances are managed in a poor way employee turnover increases, and absenteeism of employees rises due to which productivity of the company starts decreasing.

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