CIPD ASSIGNMENT SUBMISSION DECLARATION To be completed by candidate: Centre name: ACACIA LEARNING Candidate name: SAMPLE ASSIGNMENT CIPD Qualification undertaken: CIPD Membership No: SAMPLE ASSIGNMENT Unit code(s): 3MER Unit title(s): Supporting Good Practice in Managing Employee Relations Unit tutor: Kevin Haslam Date due for assessment: 02/02/2015 Date submitted: 02/02/2015 Word Count: State number of word used 3164 Candidate declaration: ● I confirm that the work/evidence presented for assessment is my own unaided work. ● I have read the assessment regulations and understand that if I am found to have ‘copied’ from published work without acknowledgement, or from other candidate’s work, this may be regarded as plagiarism which is an offence against the assessment regulations and leads to failure in the relevant unit and formal disciplinary action. ● I confirm that 75% of this submission comprises my own written work, in my own words. ● I declare that the word count limit includes all aspects of my written submission. I agree that title/contents page, references/bibliography are the only part of the submission that do not form part of the word-count’ I also agree that if my assessment is +/ - 10% of the word count the assessment will returned with the appropriate advice to reduce/ increase the word count, which may delay assessment feedback following the submission. ● I agree to this work being subjected to scrutiny by textual analysis software if required. ● I understand that my work may be used for future academic/quality assurance purposes in accordance with the provisions of the Data Protection Act 1998. ● I understand that the work/evidence submitted for assessment may not be returned to me and that I have retained a copy for my records. ● I understand that until such time as the assessment grade has been ratified through internal and external quality assurance processes it is not final. Name: (typed) SAMPLE ASSIGNMENT Date: 02/02/2015 CHRP/CLDP ASSESSMENT Supporting Good Practice in Managing Employment Relations (3MER) Ref No F305A - Version 2012 Student name: CRITERIA MET/ NOT YET MET COMMENTS LO1: Understand the impact of employment law at the start of the employment relationship (Activity - start) 1.1 Describe the internal and external factors that impact on the employment relationship. MET Clear examples of internal and external factors that may affect the relationship. 1.2 Explain the different types of employment status MET A good explanation given regarding the contract types providing more substantive evidence 1.3 Identify and analyse the reasons why it is important to determine an individual’s employment status. MET Good identification of some of the reasons it is necessary to establish employment status consider also penalties that may be levied for non compliance to enhance the evidence presented LO2: Understand the main individual rights that the employee has during the employment relationship (Activity - during) 2.1 Explain the importance of work life balance within the employment relationship and how it can be influenced by legislation MET A balanced explanation of why offering work life balance is important and suitable overview of the working time directive. 2.2 Summarise the legal support that may be given to employees as a family member. MET Good overview of support available to families withy a range of current laws cited and discussed, this may have been broadened with inclusion of the new shared parental leave 01/12/14 2.3 Explain the reasons for treating employees fairly in relation to pay MET A credible and well developed response evidenced in the assignment 2.4 Summarise the main points of discrimination legislation. MET Good summary of discrimination points and legislation which is relevant 2.5 Explain the good practice that underpins organisational policies and can contribute to the psychological contract. MET Good explanation of psychological contract and good illustrative example from own workplace LO3: Understand the issues to address at the termination of the employment relationship. (Activity -termination) 3.1 Explain the differences between fair and unfair dismissals. MET Suitable explanation of the differences of fair and unfair dismissal 3.2 Explain the importance of exit interviews MET Clear overview of the purpose of exit interviews 3.3 Summarise the key stages to be followed when managing redundancies. MET A comprehensive response detailing current law and practice in relation to redundancy, very good work, well done ASSESSMENT OUTCOME PASS You have developed a good assignment achieving the assessment outcomes Students should please note that the above Assessment Outcome for this Unit is provisional and is subject to Internal Acacia Learning verification (IV) and external CIPD Verification (EV). Tutor’s signature Date 06/02/15 The impact of employment law at the start of the employment relationship 1.1 Two internal factors which can impact on the employment relationship Review Process/Appraisal It is important to equip employees with bi annual and annual goals to work towards, not only to increase productivity and value within the company but to cement their role within the company as a whole. An appraisal allows for dedicated time with a manager to discuss issues, wants, needs that might not usually be addressed in the busy day-to-day of the workplace. Induction Often the importance of a thorough induction is overlooked. This is the first interaction the new employee has with the company and therefore it’s an opportunity to showcase the company’s core values and benefits package, for example, in order to secure long term employee retention and build a foundation for long lasting and valuable relationships. Talking through details such as health and safety, where the toilets are and how to order stationary will add to the new employee feeling welcomed, and their overall confidence in their role. Two external factors which can impact on the employment relationship Legal changes Agency Workers Directive (2011) ensures that agency workers are entitled to the same basic rights as those employees who do a comparable job in the same workplace which include paid holiday, protection under health and safety laws and being entitled to National Minimum Wage. Similarly the Equality Act (2010) serves to legally safeguard workers from discrimination against the protected characteristics including age, sex and race. These changes in legislation aim to reduce the number of employees being subjected to unlawful treatment leading to both a more diverse and more equal workforce. International Changes The increase of competition with international contenders may increase stress and anxiety levels of employees, particularly when factored in with increasing consumer demand and the need to reach targets. This can also be said for international expansion, where departments within companies are required to liaise despite opposing time zones, employees are expected to stay late or arrive early. These factors coupled with developments in mobile technology, increase the ever growing problem of never “switching off”. 1.2 Three different types of employment status Part-time This constitutes an employee who works fewer hours than a full time worker, who will usually be contracted 35 hours or more a week. A part time contract can be useful to individuals who require a different work-life balance due to responsibilities such as young children or caring for disabled/elderly family members. Part time workers are safeguarded from being treated less favourably than comparable full-time workers because of their part time status. They are treated the same for pay rates, pensions and holidays however some benefits are applied ‘pro rata’ so that they are in proportion to the hours worked. Permanent An employee who has been hired for a position that has no pre-determined time limit. Permanent employees are entitled to written terms and conditions after 8 weeks employment under the Employment Rights Act 1996. The Act outlines the statutory employment rights of workers and employees which also include maternity rights, protections of wages and the right to not be unfairly dismissed. Fixed-Term Contract The employment status ‘fixed-term’ means that an individual has an employment contract with the organisation and this contract ends on a specific date or after the completion of a particular task. Fixed term contracts are often used for employees with specialist skills for a short term project or to cover the absence of an employee on maternity leave. Worker The definition of "worker" includes individuals who have a contract "whereby an individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of that contract that of a client or customer of any profession or business undertaking carried on by the individual" (s.230 (3) (b) of the Employment Rights Act 1996) 1.3 Three reasons why it is important to clearly determine an individual’s employment status Employment rights Workers’ rights are limited compared to those of an employee. Employees have extensive employment rights and a great deal of cost can be incurred by breaching those rights, therefore it is essential that the both parties agree on an individual’s employment status. Tax and remuneration It is essential to determine and individuals’ employment status to ensure that the company pays the correct tax for said individual. An employer needs to know whether National Insurance contributions should be paid as a Class 1 or Class 2 contributor. In addition a self-employed person should be paid a fee, only for work done, not a wage. Liability It is important to establish the employment status of an individual because if an employee commits an unlawful act against a third party while undertaking their employment the employer will be vicariously liable for the wrongful act committed. Control, Integration and economic reality tests can be taken to determine the employment status and thus liability. Employee rights during the employee relationship 2.1 The importance of work life balance and related legislation concerning holidays, rest periods, working hours and night working It is important for organisations to implement or encourage individuals to maintain a healthy balance between their professional and personal lives. Work-life balance is the effort to meet the demands and pressures of a busy work place whilst making time for family, friends, self-care and sometimes spiritual growth. This balance can be assisted by employers to reduce employee stress levels, improve productivity and their overall sense of wellbeing. With regards to legislation the Working Time Regulations 1998 and the Working Time (Amendment) Regulations 2007 are what protect and employees rights to paid holiday, rest periods, working hours and night working. A number of rights and obligations concerning working time are as follows: The regulations state that a workers time should not exceed an average of 48 hours for each seven days. However workers do have the option to opt out of this agreement for a specified period, or indefinitely, however this must be voluntary and in writing. An employer cannot opt out an employee on their behalf. Inevitably exceptions include organisations wherein 24-staffing is required and the armed forces. With regards to night work the hours of work should not exceed an average of eight hours for each 24 hours; employees cannot opt out of this working limit. Almost all workers who work a 5-day week are legally entitled to 28 days’ paid annual leave per year; this is calculated by multiplying a normal working week of 5 days by the annual entitlement of 5.6 weeks. For an adult worker, where their working time is more than six hours, they are entitled to a rest break. Subject to any workplace agreement this rest break should be no less than 20 minutes and ideally spent away from his or hers work station. Workers have the right to 11 hours rest between working days, for example if they were to finish work at 7pm, they should not start work again until 6am the next day. An employer should give an employee enough breaks to make sure their health and safety isn’t at risk. 2.2 Family/parent-related legal support, including maternity leave, paternity leave, adoption leave and dependants leave Maternity leave All pregnant employees are entitled to the statutory maternity leave of 52 weeks. However expecting mothers must be employed by the same employer continuously for 26 weeks up the qualifying week: the 15th week before the expected due date, in order to qualify for this. Statutory Maternity Pay (SMP) is paid for up to 39 weeks. For the initial 6 weeks women receive 90% of their average weekly earnings (before tax) and £138.18 or 90% of their average weekly earnings, whichever is lower, for the remaining 33 weeks. Paternity leave A father is entitled to up to 2 weeks Ordinary Paternity Leave and up to 26 weeks’ paid Additional paternity Leave but this is only the case if the mother returns to work. The statutory rate of Ordinary Paternity Pay and Additional Paternity Pay is £138.18 a week, or 90% of their average weekly earnings, whichever is lower. Adoption leave Statutory Adoption leave is 52 weeks; this is broken down in to 26 weeks of Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave. To qualify you must have worked at the organisation continuously for at least 26 weeks by the date you were matched with a child. Dependants leave An employee has the right to unpaid time off work to deal with emergency matters concerning a ‘dependant’. This can include a husband, wife, child or parent, essentially anyone whom reasonably relies on the employee for help in an emergency. There are no limits to the number of times an employee can take time off as this often depends on the situation at hand. 2.3 Two reasons why employees should be treated fairly in relation to pay Comply with legislation Employers are legally bound to ensure employees are treated fairly in relation to pay by equality laws that day back to the Equal Pay Act 1970 which has since be absorbed. The Equality Act 2010 now legally protects employees from discrimination in the workplace including a right to equal pay for individuals carrying out similar or the same roles and roles of equal value. Effect on employees An employer that treats its employees unfairly could receive negative publicity for its actions. In addition inequality negatively impacts on morale, motivation and the retention of staff. By treating employees fairly in relation to pay the employer reduces the risk of tribunal claims and workplace disputes; they retain enthusiastic and valued employees who work cohesively as a team. 2.4 The main points of equalities legislation including the concepts of direct and indirect discrimination, harassment and victimisation The Equality Act 2010 protects employees from being discriminated against on the grounds of the protected characteristics which include age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation. Direct Direct discrimination occurs when an employer treats an employee less favourably on the grounds of one the aforementioned protected characteristics. An example of this would be an employer’s decision not to train an employee on new machinery based on the grounds that they are too old to acquire new skills. Indirect Indirect discrimination is where an employer imposes or intends to impose a requirement or practice that is likely to or has the effect of putting those individuals with protected characteristics at a disadvantage. An example might be a change in contract that requires you to travel around the country at short notice; this could put women at a disadvantage more so than men as they are often have the majority of childcare responsibilities. Harassment This occurs when an individual engages in unwanted conduct or attention towards another person which relates to that persons age, race, sex, disability, religion or sexual orientation. An example would be an employer concentrating on an employee’s sexual orientation as opposed to their credentials during an appraisal. Victimisation This is when an employer treats an employee less favourably or subjects them to a detriment due to a previous complaint made on their part or their role in another individuals grievance claim. An example would be an employer refusing a promotion to an employee due to a previous claim of sex discrimination. 2.5 The concept of the ‘psychological contract’ and examples of policies and procedures which can underpin this The psychological contract is the unwritten employment contract that exists between employee and employer which can be distinguished from the written legal contract of employment. It contains a set of mutual expectations of performance and conduct that both parties must uphold. The obligations of both parties are often informal and are established from past actions or promises made by the employer. It is a fundamental aspect of the everyday working relationship between employer and employee. Working within the marketing and adverting sector it is essential that Chime Communications plc is always on brand and that we maintain our corporate values. The social and entrepreneurial aspects of the Chime values encourage team building and taking ownership of our work. An example of our psychological contract coming into play is setting aside social hours or half hours at the end of a Thursday or Friday for teams that usually don’t work together to get together and socialise over food and drink. This is now an integral part of our working month and has been beneficial in cementing positive working relationships. Issues to be addressed at the termination of the employment relationship 3.1 The differences between fair and unfair dismissal Fair dismissal Employers must have a valid reason for dismissing an employee; these include their capability or conduct, a factor that legally prevents them from being able to do the job, and redundancy. In addition ‘other substantial reasons’ can be classed as fair dismissal. For a dismissal to be constituted as fair the employer must act reasonably in the situation and have a justifiable reason for the dismissal. Dismissal and disciplinary procedures must be set out in writing and the employer must abide by their policies or risk a tribunal recognising the dismissal as unfair and enforcing payment of compensation to the employee. This applies to Summary dismissal; which is typically due to gross misconduct and occurs when an employer dismisses someone instantly without notice or pay in lieu of notice. Unfair dismissal An Unfair Dismissal occurs when an employer dismisses an employee without having a valid reason for doing so. It can also occur if a company does not follow its formal disciplinary or dismissal procedure. Fundamentally an employer must adhere to best practice and follow the ACAS code for a dismissal to be considered a fair one. Despite an employer making what they deem to be a fair dismissal, an employee can still take up an unfair dismissal claim if they believe the reason wasn’t a fair one, the employer acted unreasonably or that the reason was not a real one. The grounds for the unfair dismissal of an employee include discrimination, maternity and working hours and pay. 3.2 The importance of exit interviews to both parties An exit interview is an interview that takes place at the termination of an individual’s employment. It is an off-boarding process where administrative forms are completed, company materials are returned, lose ends are tied up and, a chance for the employer to gain useful information and general feedback. The benefits of an exit interview are that employers are able to use feedback to improve, or change practices and to implement modifications to company policy. Data collected from exit interviews can often be used to improve innovation and performance, reduce absenteeism, monitor staff turnover and improve employee engagement. It is also an opportunity for an employee to express their more honest feelings regarding the company, and ideally to depart from the organisation on good terms. Maintaining good relations with employers is beneficial to the employee in that they augment their professional network and retain the prospect of returning the company at a later stage in their career. Fundamentally the employer has an opportunity to divulge the reasons for their decision to leave the organisation. 3.3 The key stages to be followed in managing redundancies and the impact of redundancy on the whole organisation Redundancy can occur in an organisation for a number of reasons including, the reduction or termination of work, a complete cessation of the business itself and at the employee’s site. Because of the delicate nature of redundancy and the undulate effect it can have on the company it is essential to reduce any negative effects by managing redundancies strategically. In the first instance organisations should strive to avoid redundancy altogether by planning ahead. Without breaching employee contracts organisations can implement pay freezes, reduction of overtime or an early retirement programme. An employer must scrutinise those employees selected for redundancy with the utmost care. They will often include employees whose work has lessened considerably or those who carry out a similar role. If the redundancy includes more than 20 employees an employer is obliged to complete an HR1 form and send it to the Department of Business Innovation and Skills (BIS). An employer must consider a selection pool in detail and complete the necessary administration in order to avoid an unfair dismissal case. If an organisation has taken strategic steps to avoid redundancies but the need has still been identified then prior to the consultation process alternative employment or trial periods in new roles can be offered. Employees will lose their right to redundancy payment if they refuse the offer of a suitable alternative from an employer. Employers can also seek volunteers for redundancy by offering a voluntary redundancy package. This can work to reduce the negative effects of compulsory redundancies and in fact dispose of the need for them altogether. Properly carried out consultation is a crucial part of the redundancy process, employers are legally required to provide meaningful, not simply informative, consultation with known trade unions or elected representatives. They must provide information such as the total number of employees concerned, their system of selection and the justifiable reasons for the redundancies. With regards to consultation; if individuals between the ages of 20-99 are being made redundant, then consultation must start a minimum of 30 days beforehand. If more than 100 individuals are being made redundant, then a minimum of 45 days consultation is compulsory. After the completion of the consultation process a fair selection process must take place, this must be carried out both objectively and non-discriminatively. For example a ‘last in, first out’ approach would be a poor choice of method for most organisations in comparison to a scoring process. This kind of selection scores employees against criteria such as work experience, performance, attendance as well as length of service. Once the employees selected have been notified in writing that they are at risk of redundancy a further consultation needs to take place. Once the employees argument has been considered and the decisions has been made to go ahead with the redundancy then the employee must be informed in writing including a full explanation and details of their redundancy pay. Redundancy pay is dependent upon age, current pay and an employee’s length of service. Employees under the age of 22 will receive 0.5 week’s pay for each full year of service. For those employees between 22-41 years old pay is calculated at 1 week’s pay for each full year of service. And employees over 41 will receive 1.5 week’s pay for each full year of service. Employers, where possible, should provide outplacement advice for employees due to leave the organisation including help with their CVs and interview techniques. Communication is essential to dealing with survivors’ syndrome; managers must be adept in personal skills and be able to demonstrate the value of the remaining employees and the need for such a drastic change. References: Acas - Working hours. 2014. Acas - Working hours. [ONLINE] Available at: http://www.acas.org.uk/index.aspx?articleid=1373. [Accessed Jan 2015]. Citizens Advice - Redundancy – procedures your employer must follow. 2014. Citizens Advice - Redundancy – procedures your employer must follow. 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