5CER I309001 CIPD Assessment Activity Title of unit/s Contemporary Developments in Employment Relations Unit No/s 5CER Level Intermediate Credit value 6 Assessment method Written answers to questions Learning outcomes: 1 2 3 4 5 Understand competing approaches that contextualise contemporary developments in employment relations. 2. Understand contemporary labour market trends and data. 3. Understand the main sources of employment relations legislation. 4. Understand the role of the parties that affect the management of employment relations. 5. Understand contemporary developments in employee involvement and participation. 6 Understand different forms of conflict behaviour and dispute resolution. Assessment brief/activity In consultation with your tutor you are required to select three out of the six activities below and provide answers to each one selected. 1. Define and explain the different perspectives and approaches taken to manage employee relations and the balance of power between management and individual employees. 1.1, 1.2,1.3 2. Identify and explain the labour market, giving at least two examples of how it is regulated and, using trend data and evidence, evaluate how it has changed over recent years. 2.1, 2.2, 2.3 3. You are required to prepare a briefing paper for newly appointed managers that: identifies and explains at least two sources of employment relations legislation defines a contract of employment and the essential features of a written statement of further particulars assesses the impact of two recent developments in individual employment rights advises on the role and scope of trade unions. 3.1, 3.2, 3.3, 3.4 4. Explain, using examples, how the roles of management, trade unions and the state can impact on the nature of employment relations. 4.1, 4.2, 4.3 5. 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. 5.1, 5.2, 5.3 6. You are required to brief the senior management team on at least two different forms of industrial action and explain the approaches and skills required to help manage both individual and collective conflict. You should also distinguish between third-party conciliation, mediation and arbitration. 6.1, 6.2, 6.3, 6.4 Evidence to be produced/required Answers equating to approximately 1000 words (per activity) to any three of the activities above, together with a list of cited references. National Assessment Bank – Intermediate Level – Version 3 August 2012 5CER I309001 Guidance for Assessors for 5CER (LO 1, 2, 3, 4, 5 & 6) This guidance is for assessors only and should not be handed out to candidates. To achieve a pass, candidates should produce work equating to approximately 3000 words (1000 per activity), which reflects the guidance given below. Candidates should relate academic concepts, theories and professional practice to the way organisations operate, in a critical and informed way, and with reference to key texts, articles and other publications and by using organisational examples for illustration. All sources should be supported by citations presented in the format that the centre determines. Activity 1 AC 1.1,1.2,1.3 Activity 2 AC 2.1, 2.2, 2.3 Candidates should define and explain the key differences between unitarism and pluralism, as a minimum. Further differences include economic and psychological exchange perspectives to explain employment relations. Power has to be understood here, such that an exchange of effort for reward is itself power-centred between the parties. Less tangible social and psychological interactions of managing relations are important (such as trust/mistrust; honesty; compliance; commitment etc). Candidates should define the labour market (buyers and sellers of labour power) and discuss at least two examples of different forms of labour market regulation. Typical examples include: national minimum wage; working time; maternity/paternity leave; health and safety; race and/or sex discrimination; information and consultation. Candidates should also show use of appropriate data sources about labour market changes. Examples include the likes of the Labour Force Survey (LFS), WERS surveys, reports by government departments (for example BIRR) or CIPD survey data. The types of changes may include: increased female labour force participation; increases in part-time, casual, temporary jobs; older workers etc. Activity 3 Candidates should format their answer as a briefing paper suitable for managers. AC 3.1,3.2,3.3, 3.4 Candidates should clearly explain at least two sources of employment law-making: for example: statute laws, statutory instruments; approved codes of practice, legal precedents, employment tribunal decisions, European directives, European regulations. Candidates should define a contract of employment and explain the essential features of ‘written statement of further particulars’. The full written statement of particular need not be given, but an indication of its contents should be clear (type of job, main terms and conditions, etc). Candidates should address the impact of two recent/contemporary developments in individual employment law rights (for example, working time; paternity or adoptive leave introduces new obligations for managers and new rights for individual employees). Candidates should explain the purpose and scope of statutory trade union recognition, including an accurate outline of the procedures for dealing with a request for trade union recognition. National Assessment Bank – Intermediate Level – Version 3 August 2012 5CER I309001 Activity 4 AC 4.1, 4.2, 4.3 Candidates should clearly explain the roles of each of the principle parties (management, unions, government). Candidates should explain how the role (or behaviours of the roles) can impact on the nature of employment relations. Examples can be variable and might include the likes of: Different management styles (sophisticated paternalist; consultative; human relations; consultative; traditionalist; opportunistic). Trade unions examples include roles to do with economic regulation (wages); job regulation or industrial democracy (agreeing workplace rules and procedures); social change (lobbying). For the State/government, roles that affect employment relations candidates should include: government as a law-maker/regulator, economic manager, peace keeper, employer in its own right. The roles pursued by the likes of ACAS, CAC, Low Pay Commission, BERR, EHRC, HSE are also important. Activity 5 AC 5.1,5.2,5.3 Candidates should define the terms used (involvement, participation, communication, employee voice, partnership etc). Variation between union and non-union contexts must also be explained. For example, a non-union context will not use collective bargaining. However a non-union firm may utilise a non-union Employee Representative (NER) forum of some sort, which is likely to be very different (even weaker) than collective bargaining in terms of extent of involvement in decision-making. Many organisations espouse the virtues of involvement and participation but in fact utilise lower level communications. Examples of mechanisms covering the spectrum of communication to participation should be identified (newsletters, team briefings, quality circles, suggestion schemes, works councils, collective bargaining, joint consultation) and the variable and debatable outcomes should be discussed (ranging from shallow involvement to deeper participation leading to employee engagement and employee discretionary effort.) Activity 6 AC 6.1,6.2, 6.3, 6.4 At least two different ‘forms’ of action should be defined. Listing the types of industrial action is not in itself sufficient (each must be explained). Differences between official (for example, union sanctions by ballot) and unofficial (not endorsed by union through a ballot) action should be noted. The type of forms include: strike, work-to-rule, go-slow, overtime ban etc. Additional forms may include: fiddles, pilfering, sabotage, and unauthorised absence; however these are not always understood as forms of conflict and therefore need to be carefully explained and justified as such if incorporated into an answer. Candidates should also explain a range of appropriate skills managers may use when dealing with both individual (for example, grievance handling) and collective actions (for example dispute situations). The range of skills to be explained include: listening, interviewing, investigation, mediating, negotiating. Candidates should distinguish between third party conciliation, mediation and arbitration. National Assessment Bank – Intermediate Level – Version 3 August 2012