AC 2.4 Summarise the main points of discrimination legislation-200
Under UK Labour Law Equality act 2010, the protected characteristics are age, gender, sex, religion, ethnicity and race, disability as well as marriages, pregnancy and beliefs. In this aspect, the main points included in discrimination legislation are –
- Direct discrimination – It is the case when an employee is discriminated from others based on belonging to one of the protected groups. This can be based on sexual orientation, gender, age or some disability.
- Indirect discrimination- This occurs because of an unreasonable policy or rule, which is considered the same for all but lays an unfair impact on people. For example, according to a rule worker should reach the office by 8 am, but this may be disadvantageous for women because of other responsibilities as well.
- Harassment – This is for any threatening towards an employee. Harassing an individual is illegal as this harms work, productivity and safety of employees at work.
- Victimization – This is used in discrimination when an employer treats some selected employees with more respect as compared to others. This can be because of repeatedly involving oneself in complaining of discrimination and bringing in everyone’s notice.
AC 2.5 Explain the good practice that underpins organisational policies and can contribute to the psychological contract.-150
If the organizational policies are implemented effectively, then this help in achieving the aims and objectives of a company. In this aspect, the psychological contract plays a significant role in assessing relationship at the workplace and also increases security at the place. This is because, in most of the cases, all aspects related to the employment relationship are not mentioned in the written contract. For example, staff can come a little late after annual Christmas break is an unwritten rule as a part of the employment relationship. In case an employee is made to feel guilty about this, then this may further result in hatred as it can be assumed that psychological contract is not followed. To manage psychological contract effectively, there are some good practices such as adherence to discrimination policies owing to age, gender, caste, religion and sexual orientation. This also includes focussing on training and development plans for the career growth of the employees.
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AC 3.1 Explain the differences between fair and unfair dismissals-300
In an organization, there are some fair and unfair means to dismiss an employee. Fair dismissal means to dismiss an employee by giving a valid reason for doing so and act reasonably according to the circumstances. In other words, it is the dismissal of an employee based on a lawful purpose. Some of the fair reasons for a fair dismissal include misconduct, theft along with not being able to perform a duty when assigned on giving repeated chances and not performing according to the set expectations of the employer. Dismissal is also considered fair if it is done when a particular job is not required anymore or when there is less work. When a company follows a systematic procedure to dismiss the contract of an employee is a fair dismissal. The company in which I work in Saudi Arabia gives a fair number of chances to perform before the final dismissal. In most of the cases, it goes for final dismissal of an employee when the job is not appropriately conducted by an employee that even lead to less productivity and loss for the company. Apart from this, dismissal is also considered fair when a statutory restriction prevents an employee from performing the duties. For example, expiry of the licence of a driver prevents the employee from driving job.
Dismissal is unfair as an act of dismissing an employee on unreasonable grounds and without giving any valid reason. Dismissal is also unfair when an employee is dismissed on the grounds of rights of an employee such as maternity and paternity leave, maternity and taking leave on account of long sickness as well as for dependants. This also includes dismissing fixed and part-time employees against labour laws and without a valid reason. For example, in the Saudi Arabian company, dismissal is unfair when an employee is terminated when one is a representative of the trade union.
AC 3.2 Explain the importance of exit interviews – 200 words
An exit interview is a formal meeting with an employee when one is leaving a company. This includes a survey with the employee in which human resources take information about the company. Exit interviews are important as they provide an employee’s view on the company’s working environment, culture, policies as well as activities and routine procedures. It helps the company to know how employees think of the company and the management. For the employer, the exit interview helps in implementing a more positive working environment for employees. It is also one of the ways to know whether employees are facing any issues with management and work, which requires immediate attention. This also provides an opportunity to the employer for improving training and development activities for retention of employees and improving the relationship with them. This reduces risks as critical areas can be identified through exit interviews.
With the exit interview, the employee also gets a chance to leave with a positive repo and relationship with the company and give them the opportunity of accessing constructive feedback. Also, it helps the employer to know about the areas of improvement to achieve career growth in future.
AC 3.3 Summarise the key stages to be followed when managing redundancies. – 300 words
Redundancy is considered as a situation when the company is not in a state of restructuring in future. This is a situation in which no firm wishes to arrive. Here is a nine-step process to manage redundancies –
- Knowing the reason for redundancy -Employers need to be aware of the reason of redundancy within the organization. It can be because of the closing of business or reduction in requirement of employees.
- Alternative measures – There needs to be an implementation of alternative measures in the form of reducing working overtime and not doing recruitment. This will help to retain the motivation of employees to some extent which is required to enhance positive culture in the company.
- Planning – This includes consulting with staff by conducting open meetings and having a public interaction between management and employees.
- Consultation – This stage involves arranging of the consultative meeting of managers and employees with the HR department to identify reasons for redundancies and the finding a solution for it. This will help in fostering communication among all and possible changes that can take place in the organization.
- Communication – This includes an open and two-way communication between management and employees so that it develops an understanding of risks that can arise on account of redundancy and its impact on the organization.
- Determine the selection criteria and identification of selection pool – This stage is critical in which an overall assessment of human capital is conducted to assess skills which have become redundant in the organization. This is done based on fair selection criteria.
- Perform a redundancy consultation – If 20 or more than 20 employees are at risk, then it is essential to conduct a collective procedure of consultative redundancy.
- Send dismissal notice – This involves giving prior notice to employees before the company initiates a process. The length of the period can be from one week to 12 weeks.
- Payout redundancy pay – In this, each employee has the legal right to get statutory redundancy pay, and the upper limit is £15,240, but higher payment can also be given.