Employment Relationship

Report Section One.

AC Number

Assessment Criteria

Mark

1-4

Report Section Two

AC Number

Assessment Criteria

Mark

1-4

2.1

Distinguish between organisational conflict and misbehaviour, and between informal and formal conflict. Word count: Approximately 250 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

Some of your content is correct, please consider the following for research for your resubmission, your answer needs to be clearer for the examples.

Organisational conflict and misbehaviour:

forms of employee-organised conflict such as strikes, work-to-rule, go-slow, overtime bans, protests and deliberate negative or disruptive behaviour;

forms of unorganised conflict, also known as misbehaviour, such as sabotage, fraud, absenteeism, walking out.

Informal and formal conflict:

informal conflict: spontaneous arguments, disagreements, cultural issues of differing opinions, models of conflict style.

1

REFER

Fay, there is insufficient demonstration of knowledge, understanding or skills (as appropriate) required to meet the AC.

Insufficient examples included, where required, to support answers.

Insufficient or no evidence of the use of references to wider reading to help inform answer.

For your resubmission, we need to see the reference to CIPD and ACAS / UK legislation guidelines when discussing organisational conflict, organisational misbehaviour, formal and informal conflict.

1

2.2

Distinguish between official and unofficial employee action. Word count: Approximately 200 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

There are no legal references within your answer, I would advise that you quote some UK legalisation for your resubmission.

You may also want to reconsider the inclusion of some of the following, this should help you find appropriate reference sources to support your answer.

Official action: criteria for action to be classified as official such as, in furtherance of a trade dispute, balloting requirements; supported/authorised/sanctioned by trade union; relevant legislation and legal protection.

Unofficial action: any conflict or disruptive action that does not fall within the definition of formal action, for example lack of trade union or official authorisation, may be spontaneous, lack of legal protection for those involved

1

REFER

Fay, your answer demonstrates an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC.

Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way.

Sufficient evidence of the use of references to wider reading to help inform answer.

2

2.3

Assess emerging trends in the types of conflict and industrial sanctions. Word count: Approximately 200 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

For your resubmission research the following, this a good opportunity to quote some UK legislation.

Shift from long strikes to shorter strategically planned strikes; trends in number of strikes,

working days lost, number of workers involved;

increasing use of injunctions by organisations; individualisation of workplace conflict.

Nature of sanctions possible and currently being applied, for example internal/external policies and principles, legislation and how applied.

1

REFER

Fay, your answer demonstrates an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC.

Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way.

Sufficient evidence of the use of references to wider reading to help inform answer.

2

2.4

Distinguish between third-party conciliation, mediation and arbitration. Approximately 250 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

A more professional, clear answer is required.

The following areas may help for your resubmission

Consider wider research on the following

Definitions of third party;

conciliation, mediation, and arbitration;

uses in individual and collective disputes;

role of conciliation in settlement of employment tribunal claims, role of mediation in restoring and maintaining employment relationship, role of conciliator and mediator in helping parties resolve their dispute; role of arbitrator in making a binding decision in a dispute; managing potential conflict situations to achieve consensus legally and ethically.

1

REFER

Fay, your answer demonstrates an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC.

Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way.

Sufficient evidence of the use of references to wider reading to help inform answer.

2

3.1

Explain the principles of legislation relating to unfair dismissal in respect of capability and misconduct issues.

Word count: Approximately 225 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

I would advise you to research both capability and misconduct on the CIPD for a complete understanding of what they mean.

Resubmission feedback

The answer requires further depth of explanation please see below to help you with your resubmission.

There are no citations to evidence where you have got any of your information relating to the legal aspects. (which have to be from a UK perspective)

Unfair dismissal law:

the principles of unfair dismissal law;

relevant legislation;

relevant codes of practice.

Capability and misconduct issues:

definitions of capability and misconduct;

fair and unfair reasons for dismissal,

importance of acting fairly and reasonably;

formal hearings and warnings;

differences between ordinary and gross misconduct;

record keeping;

right to be accompanied to disciplinary hearings

1

REFER

Fay, there is insufficient demonstration of knowledge, understanding or skills (as appropriate) required to meet the AC.

Insufficient examples included, where required, to support answers.

Insufficient or no evidence of the use of references to wider reading to help inform answer.

For your resubmission, we need to see you:

• Explain the term capability, according to the above act. When would it be unfair to dismiss someone for it?
• Explain the terms gross and ordinary misconduct, according to the above act.When would it be unfair to dismiss someone for it?

Provide examples of both, ideally from the case study organisation GOQUEST.

1

Please enter your Assessor feedback here for resubmission 2 (if applicable)

Enter mark here

3.4

Advise on the importance of handling grievances effectively. Word count: Approximately 200 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

Further depth of advice required

Consider the following for your resubmission

To avoid legal claims;

reputation of organisation and individual;

impact on individual and team;

addresses issues that may cause employee frustration, poor morale, absence, withdrawal of goodwill, resistance to change, resignation, psychological impact.

A case study may help you here to add some context, this would also give you another reference to draw your information from.

1

REFER

Fay, your answer demonstrates an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC.

Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way.

Sufficient evidence of the use of references to wider reading to help inform answer.

2

Please enter your Assessor feedback here for resubmission 2 (if applicable)

Enter mark here

4.1

Explain the main provisions of collective employment law. Word count: Approximately 200 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

There are no in text citations/reference sources to UK legalisation.

Please consider this for your resubmission

Statutory recognition procedures, official and unofficial action; disclosure of information for collective bargaining; picketing; legal enforceability of collective agreements.

1

REFER

Fay, your answer demonstrates an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC.

Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way.

Sufficient evidence of the use of references to wider reading to help inform answer.

2

4.2

Compare the types of employee bodies, union and non-union forms of employee representation. Word count: Approximately 250 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

I would expect to see some reference to UK legalisation here, to enable you to be more direct please consider the following for you make your comparisons about

Joint negotiation committees,

employee forums,

staff councils,

works councils,

and include the differences in the power of employee bodies

1

REFER

Fay, your answer demonstrates an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC.

Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way.

Sufficient evidence of the use of references to wider reading to help inform answer.

2

4.3

Evaluate the purpose of collective bargaining and how it works. Word count: Approximately 200 words

Assessor feedback

Insufficient demonstration of knowledge, understanding or skills for this AC. You must be clear in your response and answer the question fully

Resubmission feedback

You do have the concept correct but you answer needs further depth of evaluation.

Further evaluation needed with some of the following taken into consideration

Joint determination of rules;

industrial governance;

negotiation,

constructive compromise, and purposeful persuasion;

substantive and procedural agreements;

use of industrial action to achieve bargaining aims

Please provide appropriate reference sources to support your narrative.

1

REFER

Fay, there is insufficient demonstration of knowledge, understanding or skills (as appropriate) required to meet the AC.

Insufficient examples included, where required, to support answers.

Insufficient or no evidence of the use of references to wider reading to help inform answer.

For your resubmission, we need to see you:

• The explanation of advantages and disadvantages of collective bargaining – how effective is it? What is the impact for the employees? The organisation? Is this the best approach?

1