1、 Chris Jarvis1HRM海量免费下载资料，尽在 Obligations,Contracts,Disciplineand Grievance Handling Chris Jarvis2HRM海量免费下载资料，尽在 Backgroundcontract-central to Er-Ee relationship(offer,acceptance,consideration)negotiated/agreedplus common law/statutory regulationsocio-econ.exchange-open-ended unlike commercial contra
2、ctsjob contracts&managerial power/authorityan equal balance in service relationship?subordination to reasonable&legitimate authorityemployer determines organisation of work and standards(reasonable)delivery of performance,motivation+loyalty,commitmentcommon law duties of employer&employeeExpress and
3、 implied terms(general obligations)Chris Jarvis3HRM海量免费下载资料，尽在 express or implied,verbal or in writing“usually concluded orally by people who rarely think out still more rarely express,any terms”1940subject to statutory regulationChanges to the Contract?mutual consent?within scope of effort-reward r
4、elationship?within employers(reasonable)operational discretion?Vicarious liability&Negligenceemployer liable for negligent/wrongful acts&omissions of employee in course of employment.Formation of contract of employment Chris Jarvis4HRM海量免费下载资料，尽在 Employment Rights Act 1996Consolidated earlier Acts r
5、epealed in whole or in partUnaffected Equal Pay Act 1970Sex Discrimination Act 1975Race Relations Act 1976Transfer of Undertaking(Protection of Employment)Regulations 1981Disability Discrimination Act 1995 Chris Jarvis5HRM海量免费下载资料，尽在 RIGHTS AT WORK?be clear on what is expected of you?know how your m
6、anager sees your performance?get on with your job in your own ways,once constraints objectives have been agreed?make mistakes occasionally?have a say/veto in who works for you?expect work of a certain standard from your staff?criticise performance when it falls below an agreed standard?be consulted
7、about decisions which affect you?take decisions on matters which affect your department?refuse unreasonable requests?Chris Jarvis6HRM海量免费下载资料，尽在 Employer obligations to employeepay contractually agreed remunerationprovide work?give lawful instructions onlytreat reasonably with respect,trust confiden
8、ceprovide sound supervision job instruction?observe provisions relating to sickness,holiday pay,hours.permit time-off for public duties(statutory)indemnify/insureprovide references?provide for employee health,safety welfare provide reasonable safe working conditions(see statutory provisions)Not infr
9、inge Human Rights Chris Jarvis7HRM海量免费下载资料，尽在 Employee obligations to employerready,willing available to do workwork for employer in employers timeuse care,skill,be reasonably competent not to be unduly negligentobey reasonable,lawful instructionstake care of employers property(good will?)Fidelity:a
10、ct in good faith,respect values confidencesAbsences?Industrial action?Response to operational change?Justifiable refusal to obey?exceptional dangerorder would constitute a legal offence Chris Jarvis8HRM海量免费下载资料，尽在 Unfair Dismissal“Usually evident when someone has been dismissed.”The employer has cle
11、arly terminated the contract?Also when:fixed term contract expires but is not renewed-is this unfair?Plus constructive dismissalemployee has reason to resign because of employer conduct Chris Jarvis9HRM海量免费下载资料，尽在 Automatic invalid reasonsEmployer prevents an eligible employee to return to work afte
12、r pregnancy/childbirth-regardless of service(ERA).Sex,race&disability discrimination/victimisation/detriment-assertion of statutory rights&supportHealth&safety s.100right not to be dismissed or subject to detriment foracting as safety representative and carrying out designated activities to prevent/
13、reduce risks&dangersPublic Information Disclosure Act 1998.Legitimate TU membership(non-membership)&activities Chris Jarvis10HRM海量免费下载资料，尽在 No right NOT TO BE Dismissed.without good reason(ERA 1996)complaint&redress to Employment TribunalPrinciplejob stake cannot be ended just by serving contractual
14、 notice.Restraint on hire-fire employerDoes it really constrain employers freedom of action?Chris Jarvis11HRM海量免费下载资料，尽在 Eligibility?1 year continuous service at date of termination.no FT/PT thresholdsno service requirement for inadmissible reasonsclaim within time limits(reasonably practicable)Excl
15、usions (Human Rights Act?)Chris Jarvis12HRM海量免费下载资料，尽在 Valid reasons for dismissalEmployer must show that reason or principal reason falls within ERA s96 Conductcommon,leading to the most complaints for unfair dismissalCapability or qualification for performing the workemployee unable to do job/work
16、 satisfactorily or does not have qualifications for it.Illness&frustration of contractRedundancyGenerally not grounds for U/F dismissal claim.Statutory requirementContinued employment contravenes statutory duty e.g.drivers licence,work permit.Some other substantial reason Chris Jarvis13HRM海量免费下载资料，尽
17、在 Conductrefusal to obey reasonable instructionsintroduction of a new working system?timekeeping,absenteeismbreach of exclusivity,trust and confidentstealing from employer(what does this comprise?)breach of safety instructions,negligence,acts and omissions.immorality,drunkennessTheft-what is theft f
18、rom employer?Communicating,maintaining and demonstrating behaviours associated with a Code of Conduct Chris Jarvis14HRM海量免费下载资料，尽在 Capabilityincompetence,ill-health,other mental&physical quality inability to develop sound relations with others?reasonableness+reasons?appraisal processes,training&supe
19、rvision degrees of incompetence.one serious lapse?Does ill-health justify an employer terminating the contract?informed judgement-circumstances&optionsinvestigate the permanently unfit to workQualifications relating to aptitude and abilityDiploma,tech.certificate,license/permit or professional quali
20、fication.must be substantially concerned with job aptitude or ability Chris Jarvis15HRM海量免费下载资料，尽在 Reasons in writingentitled to be given reason for dismissal.request written reasons within 14 days(pregnancy excl.)But not if alleging constructive dismissal employer can provide written statement volu
21、ntarilyEmployees dissatisfied with not receiving a statement or believe it inaccurate-go to a tribunalWhat was reason or principal reason?Does it fall within ERA or some other substantial reason?Is this the real reason(use redundancy as excuse?)Did employer act reasonably or unreasonably?Chris Jarvi
22、s16HRM海量免费下载资料，尽在 Discipline Guidelines(ACAS)Why disciplinary rules and procedures?promote fairness&order in treatment of individuals&conduct of employee relationsassist organisation to operate effectivelydefine basic expectations and set standards of conduct at workprocedure to ensure that standard
23、s are adhered toa fair method of dealing with alleged failure to observe themFunctional,normative,prescriptiveconfirms managerial responsibility/prerogativea conflict reduction mechanism in both unitary&pluralistic environmentsCode of“work place ethics”(moral behaviours)?Chris Jarvis17HRM海量免费下载资料，尽在
24、 Procedural FairnessEmployer-to inform of rules,procedures,consequences,penaltiesFair,objective,no discriminationAvailable evidence+probability in the circumstances.Employer hasgenuine belief in the misconduct?reasonable evidence and investigation?Substantial equity and merits of the case uniformity
25、 of treatmentNotice of proceedings and preparednessDo not overlook procedural defects even if,on balance,the same decision would have been taken.Can still be U/FD.Stick to procedure.Caught“inflagrante delicato”e.g.+ve drugs test(airline or oil-rig)?“It is alleged that”employee did something outside
26、work?Establish the truth.Do not dismiss on hear-say.Chris Jarvis18HRM海量免费下载资料，尽在 Natural Justice“What am I being accused of”Right to be heard,put my side of the case,query evidence and have own evidence considered even for gross misconduct.Confront my accuser?Witness statements?Right to representati
27、on.Where practicable.Who?Instant vs.summary dismissal(field court)take account of employees information before decidingavoid hasty conclusions e.g.assumptions about prior disciplinary warnings,say,poor time-keepingAppeals?Chris Jarvis19HRM海量免费下载资料，尽在 Company Policy Framework-1Published,common knowle
28、dge vs.verbal e.g.What is employee theft?Dos vs.Donts?(Positive/negative culture&values focus on contract performance)MINOR breach (corrective feedback)general irritations&tolerancesweak-fit between duties/standards,performance/behaviourcompanys values&consistent managerial expectations?implied from
29、 general,routine,common-sense behaviour?outside workplace?Denial of personal expression?MAJOR breach (forever undermines root of relationship)accumulated minor breaches-no improvement?trust relationship cannot be re-built criminal action?outside workplace?Chris Jarvis20HRM海量免费下载资料，尽在 Verbal warning-
30、notedWritten warning-maybe FinalDismissal-or otherCompany Policy Framework-2Grievous breach -all stepsRecorded warnings+guidance on corrective actionWarning shelf-life Appeal?Via grievance procedure?Let the punishment fit crimeRepresentationWhich managers involved at which stage?Correspondence&docum
31、entationInformal advice“a word in your ear”Formal stagesAppeal?External mediation?Internal grievance procedure Chris Jarvis21HRM海量免费下载资料，尽在 FormalVerbal warningWritten warningDismissalSummary Dismissalwith/without noticesuspension-with or without pay?transfer,demotion,fine?Final written warningpull
32、back from dismissalnext step dismissal?Appeal?Written warningformal,recorded during hearing.clear communication of consequencesVerbal warning-Issued formallyaway from workplace-confidentialAide memoir-time,reason,what was communicated,next step,response.Feedback,staff appraisal?Normal supervision.Se
33、parationof roles(controller/friend?)Company Policy Framework-3 Chris Jarvis22HRM海量免费下载资料，尽在 Reasonableness and sufficient reasonEmployer must act reasonably in all the circumstances in treating the reason as a sufficient and valid reasoncircumstances incl.employer size&resourcesReasonableness depend
34、s onHOW the dismissal was carried out andif employer acted reasonably leading up to the decision e.g.warning,chance to improve,considered for alternative work(redundancy)?Qualifiers for small firms?Chris Jarvis23HRM海量免费下载资料，尽在 Fairness testsufficient reason based on equity+substantial merits?multipl
35、e reasons-what are the principal ones!Burden of proof-neutral but balance weighs on employerET is NOT an arbitrator-cannot substitute own views of“reasonable”for the employersWhat would a reasonable employer have done in the circumstancesthe right course of action to adopt?A representative band of e
36、mployersWas it fair?teacher slaps childs legs?refusal to work 3 months of Sundays?Chris Jarvis24HRM海量免费下载资料，尽在 Disciplinary InterviewCalling/invitationAdvanced warningImportance of evidenceDefendants rights law&natural justiceEquitable proceduresFormal,systematic interviewNeutral,calm,measuredRepres
37、entationCorrective versus punitive actionInterview tension and reaction the afrontRecording,communication and confirmation Chris Jarvis25HRM海量免费下载资料，尽在 Disciplinary Handling-Beyond the InterviewConstructive dismissalAppealsIntra-organisational bargaining&authorisationManagerial powerlessness Consist
38、ency of supervision and communicationThe trust/separation puzzle Chris Jarvis26HRM海量免费下载资料，尽在 Complaint/Grievance InterviewsMoan,gripe,complaintGrievance-a formal complaint made by an employee against a colleague or the organisationProblems of formal policy and procedureProblem perception,informatio
39、n and power/statusIm OK,Youre not OK.Now Ive got you,you SOSNeutral processing.Rescue the managers and establish KARMA Chris Jarvis27HRM海量免费下载资料，尽在 Complaint/Grievance InterviewsVerifying the claim rights Importance of shared,agreed informationSafeguards in procedureFormality of the interviewsRecognising the person-perception of self and acting on the problemEquity the complainant and the complained about the discrimination issue
