Employee Relations Outline Recent Development - Case Study Example

Employee Relations Introduction Employee relations involve activities that enhance employee-employer relationships by contributing towards satisfactory productivity, morale and motivation according to Dicker (2004). Employee relation is generally concerned with activities that are aimed at preventing and resolving conflicts arising from work situations. It is the package whose main objective is to ensure harmony at the work place thus resulting into few conflicts. This essay is going to explore the various impacts of situations in the work places and the workers union influence. In particular, the essay will explore critically and in an evaluative way how third party organizations influence employee relations at places of work. The essay will further discuss the roles, advantages and disadvantages associated with third party employee relations actors’ involvement in employee relations management and to what extent they are effective as compared to trade unions. The essay will be more biased towards the effectiveness of third parties in enhancing employee relations at the work place. Employee Relations and Human Resource Management Employee relation is a fundamental concept in the human resources management department as well as a national concern (Dicker, 2004). Conflicts at work can only be resolved amicably through intervention of a variety of groups ranging from the human resource department to non governmental organizations, trade unions and internationally recognized bodies that deal with ensuring the welfare of the employees. Employee relations department plans, performs and manages activities directly or indirectly related to maintaining, developing or improving employee and labor relations. This includes communication with employee groups, the processing of grievances and issues related to compensation for unemployment and retrenchment issues. There are other issues that may arise in relation to employee relations that pertain to their welfare. The best practices should be embraced in correcting poor performance and misconduct among the employees. According to Dicker (2004) employee relations works mainly towards enhancing unity among employers and employees and thus preventing conflicts from arising. If there are conflicts, then ways and guidelines for resolving them are stipulated therefore minimizing the reoccurrence or fatal effects to the parties involved. To effect disciplinary actions requires a consistent regulation and discipline so that no further grievances and appeals may arise from the employees. Employee relations work towards reduction of preconceptions and have flexibility in terms of associations between organizations, companies and individuals as noted by Hollinshead, Nicholls and Tailby (2002). Mostly when there are conflicts between two or more individuals it is advisable to look for a third party so that the best results are attained and the conflict is resolved amicably without causing more injury to the parties. Mostly trade unions have helped in this but recently other organizations have come up to help. Such organizations include Citizens Advice Bureaux, ACAS and the Commission for Equality and Human Rights. Their aim is to act as a third party in ironing out the differences arising from employee-employer relationships. Citizens Advice Bureaux The citizens advice Bureaux engage in various activities in helping people solve their employment problems. Some of the most popular issues include company mergers, redundancies and business changes resulting from the dynamic nature of the economy. CABx works on the assumption that conflicts just like in other sectors have to arise in employer-employee relationships (Gennard & Judge 2005). CABx have come up to safeguard the interests of an employee and out of recognizing that employers deny workers their statutory rights at the workplace. There are legal remedies for such individuals and it is their obligation to make a claim to the employment tribunal. CABx is known for facilitating employees make such claims and sometimes representing them at tribunal hearing (Citizensadvice, 2008). The process is however, daunting, adversarial, and legalistic and CABx’s and other sources of unpaid legal counsel undeniably limited, and the probable value of any compensation resulting wherefrom relatively limited. The organization aims at removing the unjustified threats used by employers on their employees and costs related to legal representation that work towards convincing the employee to withdraw the claim against the employer. Use of intimidation and the effects therein on the employees with valid and deserving cases has been noted to increase over the years from mid 2001 from the fact that the government increased the costs warded to £10,000 (Citizensadvice, 2008). Just like trade unions, CABx is involved in the representation of employees in making claims. The organization has represented employees in making claims that has resulted to compensation of the employees therefore reinstating them to their previous level before the conflicts arose. Through the organization the employees have been able to get compensation after suffering accidents, health complications and retirement’s benefits denial. It is through CABx that they have been able to get hold of their compensation without causing injury to either of the parties. In exercising the organization’s obligations, it ensures that neither the employer nor the employee has suffered unnecessary injury. In undertaking these duties, it ensures that the employer’s right and the employee’s right are safeguarded and none of the parties takes advantage of the other. It is the right of the employer to hire and fire an employee (Citizensadvice, 2008). The employer’s rights interferes with those of the employee in that the employer can force the employee to relocate, close or merge factory duties or further still introduce technological advancements. It is the hope of the employees to improve the terms and conditions of the employment contract. Through various platforms like discussion forums with management, they express their grievances and give a voice to how they feel they should be involved in the decision making processes. They have united to form unions that enhance their bargaining power in dealing with their employers and are supported by the union management whenever there is a row between the parties. Through the unions they are advised on the applicable regulations, bargaining agreements and the enacted legislations. It is through them that the employees are advised of their appeal and grievance rights, whistleblower protection and discrimination. CABx has brought various advantages in the employee employer relationships (Citizensadvice, 2008). Through the efforts of the organization, the employers respect their employees and act according to the employment contract. They have learnt how to pay salaries, wages and arising allowances on time and without complications. This has enabled a smooth co-existence of the parties raising minimal conflicts between them. It is through such organizations that employees learn of their right to timely payment, compensation due to termination of contract without regarding the terms and conditions of engagement and the retirement benefits. It is the primary aims of citizen advice organizations to educate the citizens know their rights and influence social policy development. They are vital link between the citizens and the political entities of the countries they work in. The officials practice independence, impartiality and confidentiality in their work and no one pays for the services provided. The services provided are for free therefore any of the aggrieved parties can seek judicial intervention and representation while making their claims in the trade unions. The concern of the CABx is the welfare of the employee, extending to welfare of the different individuals and activity of citizens (Citizensadvice, 2008). The organizations group and analyze problems arising from the public’s domain in ensuring that policies, law, and practices of the public and private sector are working. The advice services extended to the citizens are aimed at ensuring that no individual suffers out of lack of knowledge in regard to their rights, obligations and responsibilities or because of inability to express themselves in an effective way, and exercising a responsible influence in terms of social policies development locally and nationally. The second aim is aimed at curbing the reoccurrence of the compliant through enacting a self checking legislation. Through CABx, viable claims that would have gone unheard arising from employer threats and lack of funds for legal representation have been heard and compensation received. There has also been increased awareness among the citizens of the different states in the United Kingdom thus an increase in the number of cases reported. Cases which went unreported due to the citizens’ lack of information are now reported as the citizens have information regarding their rights and the obligation of the employers in relation to employee employer relationship misbehavior. Unlike trade unions, CABx does not charge any fees and are actively involved in creating awareness to the citizens (Citizensadvice, 2008). Unless claims are taken to the trade unions, they cannot pinpoint them out and the necessary actions taken; this is not so with CABx. The EHRC (Equality and Human Rights Commission) The EHRC (Equality and Human Rights Commission) was established through the Equality Act 2006 as non-departmental public body (O’Cinneide, 2007). The commission came into force on October 1, 2007and commissioned with the responsibility of enforcement and promotion of non discrimination and equality laws. It is operational in Wales, England and Scotland and has further obligations in regard to equality like religion, belief, sexual orientation and age. The commissioned is involved in promotion and protection of human rights in the United Kingdom outside the limits of Scottish Human rights Commission (Bureau of National Affairs, 2000). It is an independent and separate body from government but has to lay accountability for the use of public funds. The commission is involved with working better campaigns, good relations campaigns, and care and support campaigns (O’Cinneide, 2007). The working better campaign is aimed at invention of innovative ways that satisfactorily meets the needs of the workforce in the modern times with bias to family life and flexibility. The good relations campaign was to help in provision of resources and research to the local authorities and enhancing better understanding among the community members. Care and support campaign lay emphasizes on the importance of shifting from safety net approach to springboard approach (Lewis, Saunders, Thornhill, 2003). The campaign suggested various ways that individuals require for greater autonomy on their lives. The campaign also encourages the citizens of the United Kingdom to engage in societal activities and make contributions either economically or socially. Through the commission the employees are exposed to information that works towards their benefit. Information is power and thus when the employees are exposed to information, then they know of the right steps to undertake in various situations without committing any legal crime. When the employees know the legal actions they can take against their employers and the compensation thereof, then they are better equipped in dealing with conflicts arising from employee employer relationship (Dicker, 2004). They are sure of the legal steps to undertake and the way to present legal claims so as they can get compensation. Conclusion Third parties are an essential party in employee employer relationship and should be treated as so. Through the third parties the employees are able to learn of their rights and the necessary steps to take. Unlike trade unions, third parties charge not for their services and their efforts are aimed at the betterment of the citizens. Third parties involvement in employee employer relationship has worked towards better cooperation between the parties. Third parties are highly engaged in public education which empowers the citizens. The main advantage of third parties is their independence and separation from government activities. Thus in expressing their opinions they do so in objectivity and to the best of their knowledge that the information is to help the common man. They give each and every detail concerning claims one can raise against an employer for denial of rights in the workplace. The organizations also stipulate the steps necessary to lay such claims and the defense the employers can place in regard to the claims. This ensures that the employees are equipped with the best information necessary when placing a claim against their employers. Third parties compared to trade unions cater for the financial needs of the population. Many viable claims have in the past gone unheard because of financial constraints but through third parties involvement in employee relations, the employee facing financial hardships have got legal representation, their cases heard and compensated if the claims are proved viable. The employers with the tendency to oppress the employees on the basis that they have no funds and thus can not be able to make a viable claim for compensation have been taken by surprise (Collins 2010). They have found themselves in the corridors of justice for unfair treatment of the employees. However it should be noted that trade unions have had powerful implications on the employee relation practices. This is because of the size of membership and recognition of their activities by the government. The trade unions command a greater majority of the population and can hold the government to a standstill if the government engages in unethical practices in the trade organizations eyes. Trade unions have been known to force the government to comply with certain legal regulations for the betterment of the population at large. For better results, all the parties involved should be involved in employee relations ranging from third parties, management, non government organizations, commissions established through the act of parliament and trade unions. The goal of this should not be to compete with each other but to complement one another for best results. None of the employee employer relationship parties should be victimized or denied their rights in their engagement by the aforementioned parties in realization of their objectives and aims. However, these parties should practice objectivity in their work and should restrain from subjective comments and activities as this may render the organization to lack reputation in the public’s eyes. Further reading http://www.cab.org.nz/lowdown/employment.html http://hr.uct.ac.za/generic.php?m=/emprel/emp_rel_pol.php http://www.citizensadvice-international.net/publications/forum2009/Forum-Background-Discussion-Paper-February2009.pdf http://www.equalityhumanrights.com/advice-and-guidance/your-rights/using-your-rights/workplace-problem-solving/ References Bureau of National Affairs (Arlington, Va.) 2000, Government employee relations report, Bureau of National Affairs, Washington, Vol 38, Issue 1: 1843-1869, Citizensadvice.org.uk 2008, Employment Tribunals, Citizens Advice, London. Collins K. 2010, Measuring the Effectiveness of Employee Communications, viewed on 14th August 2010, http://www.instituteforpr.org/research_single/employee_comm/&prmdo=1. Dicker L. 2004, Employee relations: how to build strong relationships with your employees (illustrated), Allen & Unwin, Auckland. Gennard J. & Judge G. 2005, Employee relations (edition 4, illustrated), CIPD Publishing, London. Hollinshead G., Nicholls P. & Tailby S. 2002, Employee relations (edition 2, illustrated), Pearson Education, London. Lewis P., Saunders M. & Thornhill A. 2003, Employee relations: Understanding the employment relationship (illustrated), Financial Times Prentice Hall, London. O’Cinneide, Colm 2007, “The Commission for Equality and Human Rights: A New Institution for New and Uncertain Times” Industrial Law Journal ,141, 157 Read More