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41 Cards in this Set
- Front
- Back
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Constructive Dismissal |
The employee believes the employer has breached the contract of employment and therefore resigns themselves |
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To claim constructive dismissal, the employee must demonstrate... |
1. There was a breach of terms of the employment contract
2. The breach was sufficiently serious to justify their resignation
3. They resigned in response to the breach
4. They did not 'affirm' the employment contract following the breach (for example, delaying too long in resigning) |
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Example: of how an employer might breach the contract |
- unilaterally cutting employees pay, overtime or failing to pay the employee - changing employees job description/ duties, working hours without the employees agreement - unreasonably refusing the employee time off holiday |
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Whistle blowing |
When an employee finds something out about whats happening in the workplace which they believe is wrong and damaging. Therefore, they want to bring it out to the public attention in some way because its in the public interest. So, whistleblowing sometimee called public interest disclosure is disclosing information about something that is happening in the workplace that is of interest more broadly some public interest. Because that act was unlawful, illegal, damaging. |
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Whistleblowing- Legal Protection |
The disclosure is protected. In the UK, we got a legislation that protects against public interest disclosure. Public interest disclosure act 1998 & the enterprise and regulatory reform act 2013. Its a legislation that allows you as an individual to make disclosure and not suffer a detriment as a result of that. |
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This means the whistleblower is protected against... |
Dismissal- an individual should not be dismissed because they brought bad public attention about a practice within the workplace. Detrimental treatment by the employer- similarly, if an individual are not dismissed, they shouldnt be treated unfavourably or not given a pay rise because they brought public attention about bad practice in the workplace. |
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In order to be a 'protected disclosure' it must: |
1. The disclosure must be in the public interest 2. Must be made to the appropriate body- going straight to the media and reporting is not neccessary appropriate body. If you think it needs legal action, you take it to the police. 3. Must be based on 'reasonable belief' that malpractice has taken place. As long as individuals report this, believing it actually happened, they are protected. |
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Business Case focuses on outcomes of the result that means to the end...it includes... |
These are the many arguments that you could use to say they were a very good reason to pursue equality and diversity in the workplace through the employment policies: 1. Bigger pool of labour for recruitment- would have more chances of getting the talent and skills you need. Therefore, thinking differently about who you are appealing to, which sorts of people you want to reach out to, to come to the organisation where there is a shortage of skills, forces you to think more about a diverse workforce. 2. A better use of human resource - problem solving - creativity and innovation - retention The more open you are to diversity of people the more opportunity you'll have to use your human resources effectively. Have a greater diversity where you may have different solutions that no one thought about before. 3. A wider customer base - new customers - new markets The more diverse your workforce, the more able you are to expand to widen customer base through these two main ways. People from different backgrounds come up with different ideas, products or service. 4. A positive company image 5. Avoiding costly legal battles |
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Indirect Discrimination |
Occurs when a policy that applies in the same way for everybody has an effect which particularly disadvantages people with a protected characteristic. There may be no intention to discriminate. But its just by applying a particular rule, you disadvantage unfairly a particular group or a large number of a particular group who have a particular characteristic consequently you are discriminating.
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Example of indirect discrimination |
Imagine a scenario in which an employer is recruting, the traditional way to recruit is interviews and you invite the candidates to hold the interview at the top floor of the building. The building you occupy is old and doesnt have no lift just staircases. One of the candidates is in a wheelchair and cant access the top floor. Do you then say we cant interview you. Well, by saying that you are unfairly not providing opportunity for people who cant get up the stairs. So, of course most reasonable people would say no we just move the room downstairs, it makes it accessible for the person in the wheelchair.So, here we are accepting two principles.Firstly, you accept the fact that sometimes treating people the same and ignoring the difference they have you can produce a disadvantage for them. And secondly, you are accepting the principle of reasonable of adjustment. |
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Intrinsic Reward |
Comes within yourself. For example, a feeling of satisfaction or achievement, it could be pride, enjoyment of doing the job, but it comes from you. |
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Extrinsic Reward |
Is somethig given to you. For example, pay you get from doing the job, promotion, praises, opportunity to do training, etc. Extrinsic reward is what most employees think about. The central element of extrinsic reward is the pay package. |
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Fixed element of the reward package |
1. Base pay/ salary - Thats in the contract as a fixed amount - What employees get from doing the job - Most employees want the base pay to be as large as possible, because thats the element that cant vary so its secured 2. Benefits - Things like health insurance, pension schemes, sick pay, the sorts of thing some companies offer - Its statutory right which is part of the implied part of the contract, so a company has to offer these to you |
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Variable elements of the reward package |
These are the elements that you could change across the year of a particular period of employment 1. PERFORMANCE RELATED PAY - Can divide this into individual performance pay and team/ work unit pay. Individual performancd related pay - Could be related to things like sales performance or commision on sale Team or work unit related pay - Is the performance of work group you are involved in. You only get reward if the team do well. Its made to encourage teamworking 2. BONUS - Is a one off payment paid usually at the end of the year for a particular sort of performance. That tends to take the form of simple payment like cash payment but paid into your salary. Bonuses tend to be based on the overall performance of the organisation as a whole. |
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Equity theory (ADAMS) |
Underlines the importance of distributive justice in the minds of employees. Individuals make assessments of their contributions and returns, but they make these in comparison with other people. John staceys equity theory first made the analysis and research showed the comparison people make are with people they work along side, people in the same industry (people who are similar to them). People believe their comparison should be with people doing similar jobs or higher level. Equity theory is a useful way of begginning to think what kind of behaviours is likely to list from employees. If i do this, what would happen, will it affect the employees? |
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So, employers introduce a change to the pay system and start to use equity theory to produce the behaviour of individuals which might change... |
They make assessments about their contributions and return, what they are giving, what they are getting back. In doing so, those kinds of mismatches are possible: 1. Under reward inequality 2. Over reward inequality The comparison you make may make you feel well rewarded or under rewarded depending on your perception that would affect behaviour. |
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For the individual concerned, any mismatch results in 'cognitive dissonance'. The person has 3 options available: |
1. Live with the dissonance 2. Resolve it through change in their behaviour 3. Resolve it through change in their attitude |
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Behaviour change option: |
- Can reduce effort - Seek redress- go to manager or trade union and complain |
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Attitude change option: |
- Change your opinion to resolve the feeling that you are underpaid through comparing yourself with alternative comparable group - Change your view totally about fairness |
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Employer Branding |
Something that is distinctive because its about representing to potential and existing employees. What this organisation is like to work for, whats it brand, etc. Its about selling yourself to potential employees. |
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Employee Value Proposition |
Explains what an organisation stands for, what it requires of employees and what it offers as an employer. Part of employer branding. |
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Why might an organisation want to engage in employer branding? |
1. To attract and retain the right talent- making sure the fit is right 2. To attract a broader range of candidates 3. To increase visibility- awareness of career opportunities 4. To reposition itself to make itself more attractive as an employer- becoming an 'employer of choice' |
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Reliability |
How consistent is the result produced by the selection technique? If you asked the person to do the same thing on another day, would they do the same thing? Would the candidates performance on the technqiue be evaluated the same way by different assessors? |
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Example...cat walk test |
Their results were consistent, because if someone has the personality to make a fool out of themselves one day, the chances they may make a fool another day. The cat walk test was to see if individuals are willing to do it. |
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Content Validity |
What is being measured? Is the selection technique an effective way of measuring it? Is your selection technique a valid method to assess that particular skill you're measuring |
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Predictive Validity |
To what extent does this test predict good performance in the job. You aiming for the best combination of tests that predict future performance. How likely is this to predict the persons future performance. |
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Face Validity |
Whether the candidate doing the test, understands the point of it or why they are being asked to do it. If individuals understand the purpose of the test, they'll engage with it in different ways and are likely to perform better |
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Seminar PRET EXAMPLE |
What is your view about the experience day of the selection process? Postive aspect: Reliability- expects that person to perform similarly as experience day Predictive Validity- see the person on the day, so quite likely to see the employees future performance Quick selection technique Good insight of the job Negative aspect Individuals may overperform Time and money consuming Group energy- one might have a problem Why is the likely impact of the mystery shoppers on the day to day work of the employees? Employees wouldnt know when a mystery shopper could walk in. So it would put pressure on them to alwyas stay in a positive way to customers. |
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Interviews |
Interviews are really important, all recruitment process use interviews at some stage.You can categorise them into structured and unstructured interviews |
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Unstructured interviewers |
Are worst predictors of future performance. Unstructured intervuews are often one to one, they are conversations. Its more like an informal chat and often the information is not recorded. So those biases are much more prone to be occuring, much more likely to surface and influence decisions. |
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Structured interviews |
Are good predictors of future performance. Structured interviews reduce (but dont eliminate) the effect of bias in the process.The questions are regulated and controlled, and the information is recorded in a systematic manner. |
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The recommendation, therefore, for organisations is to go for structured interview rather than unstructured. |
Structured interviews is a good predictive validity Face validity: Very high, most people accept interviews as being legitimate forms of selection |
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Bias in the interview proces Bias in the interview proces |
When you think about interviews, yoy have to think about two biases that are introduced into the process 1) InterviwEE bias2) InterviewER bias |
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InterviewEE bias |
Is the bias that you as a candidate intentionally introduce into the process through the impression management.You need to be your best self in that interview |
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InterviewER bias |
Interviewers are suspectible to a range of perceptual biases |
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Perceptual bias |
Is suggesting the first impressions matter and are vital due to primary effects. Which is the way in which the first impression we get something is often the thing we remember the most and that distorts our judgement in the rest of the interaction thats a bias which is almost unavoidable |
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Perceptual bias occurs because of the other two processes behind it...its about stereotyping |
We do something called:
Social categorisation Social comparison (After categorising we compare)
These two processes are the way in which we form an understanding If you are in an interviewER position, you have supressed those or control them or at least be aware of them because they are natural instinct. Its a natural thing individuals are likely to do in a social interaction. |
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Social categorisation |
We put people in boxes and groups mentally in our head, those people are like that, these people are like this.We categorise people because its simpler to do so, its simplier to attribute someone to a particular category than it is to do individually to get to know each person. |
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Social comparison |
We compare ourselves to other group. Are they like us? Are they different to us? |
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Perceptual bias is also based on halo effect |
A halo effect is because you like one aspect of someone, you assume that they are all round good and positive. They like how they look so they assume its a nice person. In other words you make a judgement on them based on one character. |
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Perceptual bias is also based on horn effect |
Horn effect is the opposite of halo. There is something specific you dont like about them, so you are judging the whole character on one aspect |
