Resolving disagreements BTEC First in Business Unit 5

Recap … Last week we looked at – Contracts of employment – Working arrangements – The need for flexibility and change within a workforce and business as a whole

What is the problem that this creates? Formal work Contracts/ Agreed working arrangements The need for businesses to change Employee/ Employer disagreements += Businesses need a way to resolve these inevitable disagreements

Why do I need to learn this?

How can these disagreements be resolved? Resolution Grievance procedures Employment Tribunals European Court of Justice Arbitration services Negotiations via Unions or other representatives

Grievance procedures “ Grievance ” – Where employees have a complaint against other staff or their treatment at work. A grievance procedure gives the employee a fair way for an employee to raise an issue A company does not have to have a procedure in place by law.

Most grievance procedures explain … How, and to whom an employee should make a complaint Who an employee should go to next if they are still not satisfied The time it should take for a complaint to be dealt with That they maybe represented by somebody else, e.g. a member of their union

How can these disagreements be resolved? Resolution Grievance procedures Employment Tribunals European Court of Justice Arbitration services Negotiations via Unions or other representatives

European Court of Justice All countries within the European Union (EU) have to conform to the law of the EU. If an employee feels their organisation is contravening EU law (e.g. sex discrimination) they may take their employer to the European Courts.

How can these disagreements be resolved? Resolution Grievance procedures Employment Tribunals European Court of Justice Arbitration services Negotiations via Unions or other representatives

Negotiations with Trade Unions What is a Trade Union? – An organisation – Workers who have joined together to further their own interests at work What do they do? – Negotiate and bargain with employers on behalf of their members – Issues such as pay, conditions of work, job security and grievances

Negotiations with Trade Unions Why might an employee contact his/her trade union: – They are not satisfied their grievance has been properly dealt with – The grievance may affect other workers within the business

Negotiations with Trade Unions What might happen? – May take industrial action (e.g. a strike, slow down etc) – Employees might consult with the Unions before they make any changes – This can prevent disagreements before they arise

Other representatives … Works councils European works councils Quality circles

How can these disagreements be resolved? Resolution Grievance procedures Employment Tribunals European Court of Justice Arbitration services Negotiations via Unions or other representatives

Arbitration services Arises when both sides (employer/employee) cannot meet an agreement “ Arbitration ” – both sides submit their position to an independent, neutral third party, to resolve the dispute ACAS – Advisory, Conciliation and Arbitration Service

How can these disagreements be resolved? Resolution Grievance procedures Employment Tribunals European Court of Justice Arbitration services Negotiations via Unions or other representatives

Employment Tribunals When even an arbitration service cannot resolve a dispute, the case may have to go in front of an employment tribunal Similar to a court, with legal powers Consists of a lawyer, and two people with industrial backgrounds If an employee wins, they may receive reinstatement (getting job back), a new job or compensation

How can these disagreements be resolved? Resolution Grievance procedures Employment Tribunals European Court of Justice Arbitration services Negotiations via Unions or other representatives