3MER F305A Supporting Good Practice in Managing Employment Relations


There is a significant transformation in the HR professional. Traditional HR involved recruitment and policy development. Presently, there is a shift in focus to include employee engagement and performance management. Employee relations, according to CIPD (2020a), involves the relationship between employees and employers. In contemporary organisations, employee relations are concerned with both collective and individual relationships in the workplace. This report entails an evaluation of employee relations, with regards to factors impacting the relationship, employee rights, and termination of the employment relationship.

1.0 Impact of Employment Law at the Start of Employment Relationship

Various laws guide employee relationship. These include equality in payment and protection against discrimination. Legally, the employment relationship entails a link between the employer and employee. It also describes how the individual works to achieve the firm’s vision.

1.1 Factors Impacting Employment Relationship

Internal and external factors influence the employment relationship. The internal factors include

  • Working environment: The working environment entails the characteristics of the workplace. These include the support mechanisms for employees, the leadership approaches, and how the company upholds the individual’s safety at the workplace. At XXX, the working environment is defined by the involvement of the employees in the decision-making process. A good working environment promotes motivation and engagement.
  • Employment contract: An employment contract is an agreement between the employer and employee, which may be oral or written. The relationship is defined by the elements in the contract, including the employee’s details, date of commencing the employment, working hours, terms and conditions, and the termination. Notably, the contract determines how the employee relates to the company, such as the duration of working and performance expectations.

The external factors include

  • Labour market: The labour market is vital in determining how the employer values the workforce. Notably, the labour market is defined by the demographic differences and unemployment levels. Presently, some of the core labour market elements are an increase in the young generation at the workplace. Companies should, therefore, establish effective strategies to engage with these individuals, such as through technology.
  • Technology: Globally, there is a significant increase in using information and communication technology (ICT) in the workplace. Among the core factors in employee relationship is engagement and communication between different stakeholders. ICT, therefore, is essential in enhancing the communication process. During the COVID-19, for instance, XXX is relying on ICT for meetings and engagement.
  • 1.2 Types of Employment Status

Three main types of employment status exist. These include the employees, workers, and the self-employed. Notably, the three statuses are distinguished by the benefits and rights.

  • Employees

This is an individual working under the terms and conditions of the employment contract. According to Down (2017), some of the elements in the employment contract are payment terms, working hours, and leaves. At XXX, the legal binding for employees is a written and signed contract presented to the individual within their first two months at the organisation. Employees differ from workers through extra employment rights. Other rights include statutory sick pay, flexibility in the working hours, redundancy pay, and right to no discrimination.

  • Workers

Workers are individuals undertaking work personally as part or not of the contract. In broad terms, workers can carry a piece of work by themselves. The limitations are when sub-contracting to another person. Some of the typical workers are agency, casual, seasonal, and freelancers. Workers are entitled to national minimum wage, not working more than 48 hours weekly, protection from unlawful discrimination, and equal treatment when they work part-time.

  • Self-employed

A self-employed individual lacks similar rights to an employee or worker. Instead, they operate their own business and are contracted to service the client. Notably, one can be self-employed and an employee. This is described by working as an employee during the day and own work in the evening. Self-employed individuals are entitled to health, safety, and discrimination and the responsibilities and rights established in the client’s contract.

1.3 Reasons for Determining Individual Employment Status

Employment status is becoming vital in determining new working ways. According to CIPD (2020b), companies providing goods and services rely on the labour force, that is combining knowledge and other responsibilities. Therefore, the employer needs to distinguish the individual’s responsibilities in the environment. Three main reasons for determining a person’s employment status are determining the relationship type, distinguish the legal rights, and to manage the expectations of every party.

  • Determining the relationship type

The status defines the type of relationship in employment. This is outlined in the terms and conditions orally or written. Also, the responsibilities of every individual are identified in the employment status. Employees, for instance, work under the employment contract terms and conditions. Self-employed individuals are related to the client under specific terms and conditions different from those of employees.

  • Distinguishing the individual’s legal rights

Employees, workers, and self-employed are entitled to different legal rights. Notably, employees have more rights than workers and the self-employed. Taking the difference between employees and workers, some of the rights distinguishing the two are redundancy, minimum notice periods, parental rights, and statutory sick pay, and time off during the working hours, which are relevant to the employees.

  • Managing expectations

Their employment status determines the expectations of different individuals. Companies should ensure these expectations are presented to the individual for motivation and significant working relationship. Failure to meet these expectations, including dismissal protection, redundancy, and flexibility in working may result in legal issues between the employee and company.

2.0 Employee Rights During Employee Relationship

The employment relationship is regulated by various laws, aimed at safeguarding the individual’s rights. According to CIPD (2020c), the employment law governs the employers’ expectations from the employees and the rights at the workplace.

  • Importance of Work-Life Balance

Work-life balance refers to the individual’s ability to balance the job requirements and life needs, including time with the family. The CIPD (2019) note that poor work-life balance results in stress and job dissatisfaction. Employers are required to maintain a healthy environment at the workplace to avert burnout. Some of the core rights of employees include holiday entitlement, working hours, rest periods, and night working.

  • Holidays

Every employee is entitled to 5.6 weeks of paid holiday annually. In the United Kingdom, workers also entitled to this leave include the agency, those with irregular hours, and zero-hours contracts. Holiday payment currently also include commission and regular overtime. Notably, the annual leave and holiday entitlement is an issue in the contract of employment.

  • Rest periods

Employees and workers aged above 18 years are entitled to three forms of a break. These include work-rest break, weekly rest, and daily rest. During work, the employees are entitled to a 20-minute uninterrupted rest break if they are working more than six hours daily. The daily rest is 11 hours between the working days. Weekly, the rest is uninterrupted 24 hours or 48 hours per fortnight.

  • Working hours

According to the UK employment law, an employee cannot work beyond 48 hours weekly, which is the average unless one agrees by opting out of the limit or one does a job that is not covered under the working hours.

  • Night working

Night workers are individuals that regularly work more than three hours during the night. The night is defined as the 11 pm to 6 am period unless the individual agrees to a different duration, which should be 7 hours long.

2.2 Family/Patent Related Legal Support

According to CIPD (2020d), fathers, mothers, same-sex partners, and adoptive parents are entitled to various leaves. These include adoption, maternity, paternity, and shared parental. Notably, these rights and leaves apply after or before birth in the UK.

  • Maternity leave

Employees have up to 52 weeks of paid maternity leave. This right available from the first day at the workplace. Notably, the compulsory weeks are two or four. The duration in the 52 weeks is dependent on the individual. Regardless of whether one is having one child or twins, they are entitled to the same maternity leave.

  • Paternity leave

According to ACAS, one is entitled to up to 2 weeks of paternity leave if the individual is responsible for the child’s upbringing. Other factors defining paternity leave include the being the biological father, the partner is having a child, or one is adopting. However, for one to qualify for paternity leave, the individual should be legally classified as an employee and should have worked for an employer for more than 26 weeks.

  • Adoption leave

One is also entitled to two weeks if the child is being adopted. For eligibility to adoption leave, the person should be classified as an employee legally and have worked for a single employee for more than 26 weeks before the week end.

  • Dependents leave

Employees are entitled to time off to address the dependents’ emergency issues. The dependent may include partner, child, spouse, parent, or grandchild, depending on the person for care. The employer may pay the individual for dependents leave or not depending on the contract. The employee should notify the employer early for planning.

2.3 Reasons Why Employees Should Be Treated Fairly in Pay

Fairness at the organisation is vital in promoting the employment relationship. According to CIPD (2020e), various regulations have been introduced in the UK to ensure fair treatment of the employees, with regards to people management and how they are rewarded. Presently, most UK employers are required to disclose their pay data, including gender. Pay equality is covered under the Equality Act of 2010. Two core reasons for fair treatment in pay include

  • Motivating employees and enhancing the employment relationship

Rewards demonstrate the employer’s appreciation and valuing of the employee. Notably, every individual should be compensated according to the quality of work, among other metrics. Fairness is reflected in the application of the calculation approaches to employee compensation. In case an individual feel unfairly compensated, it affects their motivation to work, reducing productivity. This affects the performance of a company. Ensuring pay equality fosters the relationship between the employer and employee and improves the individual’s motivation for better performance.

  • Avert the legal issues

As established in the Equality Act of 2010, women and men performing equal work should be equally compensated unless there are proven differences for pay disparities. Failure to adhere to the equality in payment, the employer, risks employment tribunal case. Notably, these cases are expensive and damage the company’s reputation. Also, customers learning about the tribunal may opt for other companies with a better reputation, affecting the overall performance of the firm.

2.4 Equalities Legislation

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