Supporting Good Practice in Managing Employee Relations Essay Example

these relationships.

Employment law is influenced by an individual's employment status, which can be categorized into main categories determining employment rights and employer responsibilities.

• Worker
• Employee
• Self-employed and Contractor

Understanding an employee's employment and legal status is essential for the Company. This understanding allows the Company to effectively manage any expected or unexpected issues, while also ensuring compliance with legal obligations and rights. Additionally, this evaluation helps determine the level of statutory protection that individuals are entitled to in the workplace.

An individual can be categorized as:

• An employee and be entitled to a full range of statutory employment rights;
• A worker and enjoy a limited range of statutory employment rights to an employee; or
• Self-employed and not be entitled to any statutory employment rights but receive certain tax benefits

Employee Rights

To achieve work-life balance, it is important to establish and maintain supportive and healthy work environments. This helps individuals effectively manage their work responsibilities while also attending to personal obligations, ultimately improving employee loyalty and productivity. It is crucial for employers to comply with legal restrictions on working hours and time off, as failure to do so may result in employees resorting to filing claims through a Tribunal or facing enforcement actions or prosecution. Offering fair holidays, breaks, and pay raises can further enhance performance, reduce workplace accidents, and decrease absenteeism. Moreover, employers are legally obligated to consider requests for flexible working patterns from their employees.

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Working Hours and Holiday Entitlement

The Working Time Regulations (1998) enforce rules on holidays, working hours, and rest breaks for employees in order to protect their health, safety, and welfare. These regulations are in accordance with the European Union Working Time Directive. The maximum weekly working hours allowed is typically 48; however, employees have the option to exceed this limit if they choose to do so. Breaks and rest periods between consecutive working days are also specified by these regulations.

Employees are entitled to a minimum of 5.6 weeks' paid leave per year, which is adjusted proportionally for part-time workers. Night shift workers are not permitted to work more than 8 hours within a 24-hour period. Furthermore, these regulations cover various aspects such as maternity leave, paternity leave, and adoption matters.

Employees have the right to Maternity, Paternity, and adoption leave as well as unpaid care leave. The Paternity ; Adoption Leave Regs 2002 ensures that employees opting for adoption are provided with paid adoption leave.

The Maternity ; Parental Leave Regulations 1999 provide female employees with certain rights, such as time off for anti natal care, protection against unfair dismissal, and the option to resume work after giving birth.

Parental leave grants employees the opportunity to take unpaid leave to assist dependents during moments of crisis.

Furthermore, the Flexible Working 1997 legislation permits employees to make flexible working requests, such as alterations to their working hours, times, or location. Additionally, the Employment Act 2002 encompasses Maternity Leave provisions that enable employees to take Statutory Paternity Leave (2 Weeks) with proper documentation and notice. These measures guarantee equitable

treatment of employees in accordance with the Equal Pay Act 1970.

Promoting fairness among employees in the workplace offers various benefits. These include building trust and respect, strengthening relationships, and improving employee commitment, job satisfaction, and productivity. Fair pay holds a dual significance. Firstly, the Equal Pay Act 1970 aims to eradicate gender bias in salary determination. Secondly, equitable treatment concerning wages is justified by the fact that lower earnings pose greater challenges for women in supporting their families. According to a study conducted by the Institute for Women’s Policy Research (Smith 2009), fair compensation would lead to a 13.4% increase in income for single women and a 17% increase for single mothers. This enhancement would greatly empower women from diverse economic backgrounds in providing vital support for their families.

The benefits package for women may be affected by their lower salaries, but certain companies determine these benefits based on the annual salary. The salary is determined by job levels assigned to each position, which ensures equal pay for all employees irrespective of gender, race, or age. This system plays a vital role in preventing discrimination and has a considerable impact on the psychological contract between employees and their organization. When employees feel they are not fairly remunerated, it greatly affects their morale and can result in reduced customer service and early employee turnover.

The laws protecting employees from discrimination can be classified into four main categories: Direct, Indirect, Harassment, and Victimisation. Direct discrimination refers to unfavorable treatment based on characteristics such as gender, race, disability, sexual orientation, religion or belief, and age. It is important to note that the intention and

motive behind the discrimination are irrelevant as the action itself is against the law regardless of intent.

Indirect Discrimination occurs when policies or practices unfairly affect certain groups without valid justification. Harassment is the act of unwelcome behavior that violates a person's dignity, creates an offensive or intimidating environment, and it is against the law to harass individuals based on gender, race, religion or belief, sexual orientation, or disability. Victimisation is also considered illegal discrimination.

Victimization is the unfair treatment of someone who is involved in a legally protected act, as defined by anti-discrimination laws. These acts include making a claim, providing evidence, filing a complaint, or showing support for someone who has filed a complaint. The Psychological Contract refers to an individual's beliefs about the terms and conditions of their agreement with their organization. Good organizational practices can influence these beliefs. According to Rousseau (1989), the Psychological Contract is an exchange agreement between individuals and their organizations.

The psychological contract serves the purpose of reducing insecurity in the employment relationship. It addresses aspects not covered in a formal contract and strives to balance mutual expectations and promote discretionary effort. It is crucial for organizational performance to establish and maintain a positive psychological contract. If a manager disappoints an employee, it would impact trust and break the psychological contract, leading to reduced loyalty, diminished discretionary effort, and earlier departure.