Summary

This document provides definitions and explanations of key terms related to employment law and business practices. It covers topics including legislations, regulations, duty of care, discrimination, and employee relations, along with other relevant business concepts.

Full Transcript

Definitions Unit 2 31 October 2024 08:39 Legislations: laws passed by parliament which state the rights and responsibilities of individuals and how these need to be followed. If an individual breaks a law, they could be prosecuted in a court of law. Serious breaches of the law could involves a fine...

Definitions Unit 2 31 October 2024 08:39 Legislations: laws passed by parliament which state the rights and responsibilities of individuals and how these need to be followed. If an individual breaks a law, they could be prosecuted in a court of law. Serious breaches of the law could involves a fine, dismissal or a prison sentence. Regulations: Regulations are often in the form of a set of guidelines to help individuals to abide by the law Duty of care: concerns health and safety at work. It is a person’s responsibility not to harm others through carelessness. Both employees and employers have a duty of care to the other, and employees to themselves and each other. Every organisations that employee individuals is obliged to implement and follow good practice in relation to wellbeing and welfare, as well as comply with its own duty of care. Discrimination: when a person is treated differently and less favourably because they have one of the nine protected characteristics. Employee Relations Act 1999 This is a wide-ranging piece of legislation that covered, among other things: industrial relations, parental leave, employment tribunal awards and disciplinary proceedings. Maternity and Parental Leave etc Regulations 1999 Employees are able to take unpaid leave to care for their children and return to their job at the end of the leave period. The Pensions Act 2008 When employees reach the end of their working life and retire, they need money to support them for the remainder of their life (pension). Working Time Regulations 1998 An individual is not allowed to work for more than 48 hours a week. General Data Protection Regulation (GDPR) 2018 This controls how personal data of individuals is stored and used. All organisations, no matter their size, have a responsibility to protect this data Equality Act 2010 The equality act was passed in 2010. Business, public sector organisations, private clubs and associations, voluntary organisations and caregivers etc, must not discriminate against anyone on the basis of nine protected characteristics during the recruitment process Disciplinary action: a process where employers are able to tell employees that the job performance or behaviour within the workplace is not up to the standard expected for the organisation. Contract of employment: a formal document where both the employee and the employer agree to the terms and conditions. Productivity: is an important measure of business performance and defines the efficiency of an organisation. Recruitment: is a key function of any HR department, and its objective is to ensure that any vacancies within the organisation are filled by the best possible candidates. Resource Planning : organisational activity designed to ensure that the business has enough resources to meet the output requirements of its budget, and then to secure their supply. Capacity planning: a process that balances the available resources to meet requirements. Succession Planning: it ensures continuity of key functions within the organisation, without disruption, if a colleague e.g. resigns or become ill Equality: ensuring that every individual that has the same opportunities as everyone else and is not discriminated against Diversity is about taking account of the differences between people and groups of people, and placing a positive value on those differences.’ Inclusion: including every person who might be excluded or marginalised due to disability or other characteristic. Values: are what a customer of business will be able to experience when purchasing a product or service whereas benefits are from a business point of view. A business will understand and see the advantages to the potential changes that they have made to the processes in terms of the outputs. Resilience: the ability of an individual to adapt when faced with difficult or challenging circumstances Wellbeing: being comfortable healthy and happy in life. Workforce resilience: the ability to cope with, and recover from, challenges and setbacks in the workplace Management style: the way that a person manages a group of individuals Outputs: the activities and actions that an individual or team will complete Outcomes: the reasons for completing activities and actions P1: The legislation that governs the employee lifecycle 11 October 2024 22:43 Learning objectives To understand the difference between regulations and legislations To know what duty of care means to employers and employees To be familiar with the range of latest legislation that protects employee through the lifecycle (recruitment to termination) Acquire an overview of each piece of legislation and the characteristics of each Study examples of situations where legislation could be used by the employee, such as recruitment or unfair dismissal cases Be familiar with the rights and responsibilities of employees. Study examples of situations when employers could legitimately discipline or dismiss employees. The difference between Regulations and Legislations Legislations Regulations  Range of legal acts that  Regulations are linked to are passed by parliament laws but are there to and known as the law assist a person to apply  Laws are imposed by the the principles of the law government or national  Regulations are often in courts the form of a set of  If an individual or guidelines business fails to comply  Regulators examine the with legal act, they may laws in detail and then be deemed in breach of produce guides to help the law and could be individuals to abide by prosecuted in court. the law  Employment legislation is  If elements of the a body of UK law regulations are broken by designed to protect both individuals, they may not employees and employers be prosecuted in the UK by defining the rights of court system. each and their  Employment regulation responsibilities to each has a direct effect on the other. day-to-day running of a business. Duty of care - what is means to employers and employees Every organisations that employee individuals is obliged to implement and follow good practice in relation to wellbeing and welfare, as well as comply with its own duty of care. Organisations are obliged legally and morally to ensure that anyone associated with the business - employees, employers and the general public - is fully protected from harm, both when on the premises of the business or when completing tasks related to the activities of the business.  Duty of care concerns health and safety at work.  Both employees and employers have a duty of care to the other, and employees to themselves and each other.  Duty of care extends equally to visitors to the workplace, e.g. contractors and delivery drivers.  The duty of care process might begin with risk assessments – what in the workplace, or work methods, might cause harm and what can be done to remove the risk of harm?  e.g., home working due to COVID-19, businesses provided employees with their IT equipment and furniture to carry work at home. Principal acts of employment legislation P2: Recruitment channels and employment contracts 12 October 2024 23:00 Learning objectives To understand how business aims determine and reflect the type of job roles needed within an organisation. To learn how recruitment is used to ensure that the right type of roles are held in the organisation and respond to vacancy requirements. To be familiar with the methods and approaches to verify that organisations are sufficiently staffed, to include resource, capacity and succession planning. To know the reasons for using a range of recruitment channels. To appreciate the value of a clearly defined recruitment process to ensure all recruitment is carried out in a fair, consistent and transparent manner. To be familiar with the recruitment documentation used to ensure that the right people are recruited to the right role To understand the types of employment contracts that organisations use and the differences between them. To understand, also, the considerations that need to be made in relation to different employment contract types. How the business aims determine and reflect the types of job roles needed within an organisation  A business will want to review the employees that it currently has and formulate a recruitment strategy to move forward with its business aims.  In determining staffing levels, an organisation is likely to have stated financial objectives, expressed in a budget, underpinned by strategies designed to meet those objectives.  Each department within the business will determine its own output requirements, aligned to the overall objectives, and will thus calculate the number of staff required, and the allocated roles for each colleague.  But businesses will also seek to increase productivity in response to growth or decline. Productivity: is an important measure of business performance and defines the efficiency of an organisation.  The commonest measure of productivity is labour productivity – ie the amount of turnover per employee So, if a business has sales of £6.5M and a staff of 130 FTE* then its annual labour productivity is £50,000. o * (FTE (full-time equivalent) is a standard comparative measure of an organisation’s labour force, recognising that in the modern economy part-time working and job share are increasingly common.)  Productivity measures can only be properly compared across individual industry sectors, as each sector will have different optimal combinations of the factors of production. Recruitment: is a key function of any HR department, and its objective is to ensure that any vacancies within the organisation are filled by the best possible candidates. Good recruitment will begin with an intelligent search of the labour market, using channels and information sources relevant to the nature of the vacancy. The identification of vacancies might arise from formal planning tools, such as:  resource planning  capacity planning  succession planning. Resource Planning : organisational activity designed to ensure that the business has enough resources to meet the output requirements of its budget, and then to secure their supply.  In manufacturing organisations, for example, resource planning will include equipment, raw materials and consumables. Almost all organisations will have some labour requirement.  Resource planning asks three questions: o What resources do I need? o How much of each do I need? o When do I need them? P3: value and benefits of an equal diverse and inclusive workforce to an organisation 01 October 2024 09:01 Learning Objective To understand what is meant by equality and diversity Learn the list of protected characteristics legally defined within the Equality Act 2010. Know the range of approaches that organisations use for the recruitment of employees from a diverse range of backgrounds, including policies and methods, and the different elements of policies that support equal, diverse and inclusive practices. Know the difference between values and benefits. Appreciate the value and benefits of having an equal, diverse and inclusive workforce within an organisation. Equality and diversity: equality and diversity is a defining value of modern British society, having the objective of ensuring that every single individual in the UK is given equal opportunities to all others, in every aspect of their lives, free of prejudice and discrimination. Equality is about ensuring everybody has an equal opportunity, and is not treated differently or discriminated against because of their characteristics.’ ‘Diversity is about taking account of the differences between people and groups of people, and placing a positive value on those differences.’  In the United Kingdom the key principals of equality and diversity are enshrined in law – principally the Equality Act 2010 and its consequent regulations published in 2011.  The Equality Act 2010 lists 9 ‘protected characteristics’.  Protected characteristics defines a characteristic of individual human beings, against which prejudice and discrimination is expressly outlawed.  The Equality Act 2010 applies equally in the workplace, and the employer/employee relationship, as it does in broader society. Protected Characteristics- 1. age 2. disability 3. gender reassignment 4. marriage and civil partnership 5. pregnancy and maternity 6. race 7. religion or belief 8. sex 9. sexual orientation. Equality Act 2010  A key consideration for employers is that employees (or potential employees) have access to an employment tribunal without any qualifying length of service, if they wish to bring a challenge under the Equality Act 2010.  For most other aspects of employment law the ‘acquired right’ to take an employer to tribunal is not available until 2 years of service has elapsed. Application of equality and diversity policies  Leadership and commitment: Senior management must lead by example and clearly communicate the companies values to all colleagues.  Employee engagement: It is important to allow colleagues from diverse backgrounds to talk about their experiences within the organisation, and this process may lead to policies being reviewed from time to time.  Training: Training modules might be designed and delivered to prevent unconscious bias.  Equal pay policy: Much is rightly made of pay differentials between men and women, but unequal pay has also been found to have a racial dimension in British industry. Values: are what a customer of business will be able to experience when purchasing a product or service whereas benefits are from a business point of view. A business will understand and see the advantages to the potential changes that they have made to the processes in terms of the outputs. P4: Employee Wellbeing and Resilience 10 October 2024 14:12 Learning objective To be able to define the meaning of resilience in the workforce. To understand the importance of wellbeing and mental health to employees within a workforce and to appreciate the different factors and changing circumstances that can impact on employee wellbeing. To know the reasons for an organisation to introduce and foster wellbeing initiatives in the workplace. To learn the types of wellbeing initiatives and employee assistance schemes that organisations may offer. To be able to evaluate the advantages and disadvantages of different wellbeing initiatives and employee assistance schemes for both employees and employers. Understand how wellbeing initiatives and employee assistance schemes increase employee motivation and retention and have an impact on the organisation. Know the importance of monitoring wellbeing and the impacts of wellbeing initiatives in organisations, and the approaches used to do this Workforce resilience: the ability to cope with, and recover from, challenges and setbacks in the workplace  Challenges and setbacks might apply to the organisation as a whole, an individual department or a team, or individual colleagues.  The ability to cope with adversity is essential to the commercial health of the organisation.  Developing workforce resilience involves enabling colleagues to face challenges with commitment and optimism Helping colleagues develop resilience and face challenges:  1:1 meetings  Support  Socialising and networking Developing workforce resilience:  Inner drive  Future focus  Relationships  Emotional wellbeing  Physical health Resilient workers are "fast, friendly, flexible and focused" How is resilience undermined:  Changing conditions driving lowering of colleague resilience might arise form factors within the business, or changes to personal circumstances outside work  Offer structured support that enable colleagues to maintain required levels of output benefits the organisation, as well as employee  Internal sources of stress might be immediately obeying organisation control. Internal threats to colleague resilience: Indirect:  Ambitious growth plans demanding greater levels of output and changing job content  Change in market dynamics leading to declining output with the attendant threat of redundancy  Change in organisational structures meaning different reporting lines Direct:  Bullying or coercive behaviour by colleagues/management  Infringement of employment law, particularly health and safety regulations  Poor performance feedback P5: Ways People are managed 17 October 2024 13:32 Leadership Styles:  Transactional  Transformational  Charismatic  Autocratic  Democratic  Paternalistic  Laissez-faire Autocratic: setting specific objectives and allocating tasks to individuals and expecting employees to do as they are told. They are not involved in any decisions. This can be restricting and demotivating for employees if not given the opportunities to share their own ideas.  One person makes all the decisions  No consideration towards the views of employees  Effective when a quick decision need to be made  More effective over a short period of time  Typically decreases employee morale Democratic: inviting others to participate in decision-making process. This allowed individuals to help with direction of the business and provides recognition and job satisfaction.  Increased employee influence and input within the decisions making process  Manager still makes decisions  Employees feel more values  Increased production and performance levels Laissez-faire: manager has limited input in work that employees perform. Enabling employees to complete tasks their own way and learn from mistakes. This also encourages creativity.  Employees have more freedom and autonomy  Requires high levels of trust between management and the workforce  More effective with a highly skilled and experienced workforce Paternalistic:  Manager acts head of family  Manager treats employee as family members  Expects high levels of loyalty and trust form workforce  Managers listen to employees but has the final say Transformational:  Employee needs comes before managers  Manager does not work with the status quo  Stive for positive change in the culture  Employees feel valued as they feel they are part of something special Transactional:  Tends to work with the status quo  Wouldn't strive for change in business culture  Use rewards and punishments to motivate  Results focused approach Charismatic:  Charm and persuasion  Ability to motivate and persuade individuals to pursue the organisation vision and aim  Very confident with excellent communication skills  Managers commitment inspires employees to go above and beyond Coaching: leader encourages collaboration, empowerment and fulfilment. Collaboration is the most important of these characteristics as it encourages others to achieve their potential. This leadership requires certain skills. Affiliative: leadership style focuses working in a positive and harmonious working environment, encouraging teamwork. It involves resolving any conflicts quickly before they can escalate into something serious. This encourages employees and managers to build a sense of community and trust. P6: Skills development Staff development throughout the employee lifecycle:  Structured programmes have been built for employee development in large and small organisations  These programmes teach employees to better perform the tasks in hand, understand the context of their job roles and sometimes also target personal development in order to help staff become more flexible and resilient  The programme is specific to the organisations needs Methods of structured employee development:  in-class training  on-the-job training  task/job rotation  departmental rotation  coaching/mentoring  workshops  conferences. Benefits of employee development: Employer Employee Higher levels of Self-esteem/ output/quality morale Employee Job security loyalty/retention Succession planning Promotion potential The induction: process for a new employee is the first step in the employee- lifecycle training programme. It welcomes the employee into the organisation, ensuring that they feel comfortable from day one. Alongside an introduction to their own specific job role, the inductee will learn about the scope and scale of the organisation and its structure. They will thus understand their job context. Elements of induction process: Organisation health and safety policy: Fire exits and assembly points, mandatory PPE requirements and access to first aiders. Business structure: The new employee might spend some time in a number of departments to understand their contribution to organisational goals. Job role: Specific training in their role, and the reporting structure including an introduction to their manager. Personal development is about ongoing self-improvement and is broader that just workplace considerations. It can include emotional wellbeing, resilience, health and fitness and self-esteem. Professional development is about learning the things that will allow you to do your job well and develop your career. Employee responsibility for development:  identify difficulties in their job role, or identify other training needs, they are responsible for informing management.  willing to accommodate the training courses offered by employers, and exploit the opportunities completion opens up.  a duty to their own personal wellbeing by, for example, avoiding excess in alcohol consumption, etc.  They should avail themselves of internal organisational support, e.g., mentors and job-coaches. P7: Team working 14 November 2024 21:12 Collaborative working  Groups of colleagues from across the organisation come together to perform a function that might not be a core organisational activity.  This formal collaboration might be to execute a project or a programme, and might be time-bound in nature, or permanent.  Colleagues working in such positions might adopt a different form of working from their ‘day job’. A project defines a finite deliverable, to be completed over a pre-determined timescale and to a pre-agreed budget, as opposed to being a continuous operational process.  The purpose of a project in many organisations is to deliver a change to process or output, or to deal with a problem and do so in a planned way that mitigates the risk of failure. Examples of project in an established manufacturing organisation might be:  buy, install and commission a new piece of equipment  create a website to market the company’s offer. Good teamworking Bad teamworking  Includ  N ing ot every h one el  Com pi munic n ation g  Shari  U ng nf ideas ai  Equal r contri  N butio ot n lis  Positi te ve ni energ n y g  Humb  C le o  Trust n fli ct  T o xi c  C o m pl ai ni n g  E g os Projects and programmes A project defines a single deliverable, but sometimes organisations will launch number of projects all aligned to a single strategic goal. A package of projects is known as a programme. It's likely that individuals projects managers will report indirectly to a programme manager. Team composition:  Team assembles according to the brief issues by project sponsor. The brief will define the deliverable, set a timescale and a budget.  There will be a nominated project manager who will assemble a team comprising all the necessary knowledge, skills and experiences  Team members will be drawn from various departments or functions across the business, also external consultants. Team dynamics: Strong team dynamics mean project more likely to be delivered on time and within budget. Project manager will try foster positive dynamics within the team by influencing the behaviour of individuals members. They are driven by behaviours and attitude, rather than skills and ability.

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