CIPD Candidate Assessment Activity Title of unit/s Contemporary Developments in Employment Relations Unit No/s 5CER Level 5 Credit value 6 Assessment method(s) Written answers to questions Learning outcomes: 1 2 3 4 Understand the nature and context of employment relations. Know about employment relations legislation. Understands contemporary developments in employee involvement and participation Know about different forms of conflict behaviour and dispute resolution. Assessment brief/activity You are required to provide written responses to each of the following six questions. Question 1 Provide a brief analysis of the indeterminacy of employment relations and an assessment of the factors which impact on employment relations. In your analysis, briefly compare and contrast unitarist and pluralist approaches. Question 2 Briefly critique the key features of the contract of employment. Explain the principal sources that can change laws with a brief summary of the main developments in individual and employment law. Assessment Criteria 1.1, 1.2, 1.3 2.1, 2.2, 2.3 Question 3 Provide a brief summary on how you would advise employees on the purpose and scope of statutory trade union recognition. Question 4 Clarify the key terms used in employee involvement and participation and go on to explain the extent to which they will strengthen employee voice in a union and non-union context. Conclude with a brief assessment of the link between employee voice and organisation performance. Question 5 Briefly explain the differences between conflict and misbehaviour at work and between official and unofficial industrial action. In your answer, give a brief review of contemporary trends in the type of conflict and industrial sanctions. 2.4 3.1, 3.2, 3.3 4.1, 4.2 Question 6 Explain the approaches and skills required to help manage both individual and 4.3, 4.4 collective conflict. You should also distinguish between third-party conciliation, mediation and arbitration. Evidence to be produced/required Written answers to each of the six questions of approximately 3,000 words in total (divided appropriately across the questions). All reference sources should be acknowledged correctly and a bibliography provided where appropriate (these should be excluded from the word count). Version 1.0 (draft) 27.05.15 Version 1.0 (draft) 27.05.15 Guidance for Assessors for: – Contemporary Developments in Employment Relations LOs 1 – 4 This guidance is for assessors only and should not be handed out to candidates. Candidates should provide written answers to each of the six questions of approximately 3,000 words in total (divided appropriately across the questions). They should acknowledge data sources appropriately. Question 1 AC 1.1, AC 1.2 AC 1.3 Question 2 AC 2.1 AC 2.2 AC 2.3 Question 3 AC 2.4 Question 4 AC 3.1, 3.2 AC 3.3 Question 5 AC 4.1 AC 4.2 Question 6 AC 4.3, 4.4 Version 1.0 (draft) 27.05.15 Candidates may explain the indeterminate nature of employment relations by distinguishing between ‘labour’ and ‘labour power’. They should explain that employers purchase labour power i.e. the capacity to work but not the performance of work. e. They should define and explain the differences between unitarism and pluralism and the implications for employment relations. They should go on to give examples of other factors affecting employment relations e.g. management style, management attitudes to trade union recognition, employee relations climate and employee voice. Candidates should define and distinguish between legal contracts (LC) and the psychological contract (PC) and go on to explain how areas of tension as well as cooperation may arise. They should give an example of either the LC or PC can influence outcomes such as trust, commitment or loyalty. Candidates should give a couple of examples of the institutions that regulate labour market activity e.g. ACAS, Employment Tribunals, European Commission, European Court of Justice and two sources of employment law-making e.g. statute laws, statutory instruments, legal precedents, employment tribunal decisions, European Directives. They should go on to provide a brief review of developments in individual employment law e.g. parental leave, statutory pay, managing sickness absence. Candidates should explain the meaning and types of trade union recognition and the consequences for organisations. They should explain the difference between voluntary and statutory recognition and the meaning and relevance of collective bargaining. They should conclude by explaining when statutory derecognition and/or derecognition of a non-independent trade union may occur. Candidates should define the terms used (involvement, participation, partnership) and explain the variation between union and non-union contexts e.g. collective bargaining may be used in a union context whereas employee representative forums are associated with non-union contexts. They should conclude with reference to academic research that has been conducted to assess the link between employee voice and organisation performance. Candidates should describe a range of conflict and misbehaviours e.g. they can give examples of the former such as personality clashes, an individual with a grievance, a problem between an employee and line manager and examples of the latter such as violence, inappropriate e-mail and internet usage, substance abuse, dishonesty. Candidates should differentiate between official and unofficial industrial action, explaining that the former means that the trade union has authorised the action which is not the case for the latter. They should give some examples of contemporary trends in the UK and Europe e.g. increase in strikes, overtime bans during times of austerity. Candidates should explain that line managers are often the main actors who deal with workplace conflicts. They can base their advice on either grievances or dispute resolution. Improvements to dispute handling typically include training and support in investigation skills and communicating effectively. They should define and include an evaluation of the usefulness of third-party conciliation, mediation and arbitration. Version 1.0 (draft) 27.05.15