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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
The employment relationship is a notion used to refer to a relationship between a person
called an employee and an employer for whom the employee performs work under certain
conditions in return for a set amount of payment. The employment relationship has been,
and continues to be, the main vehicle through which workers gain access to the rights and
benefits associated with employment. It is the key point of reference for determining the
nature and extent of employers rights and obligations towards their workers.
What gives rise to conflicts is the failure from either side to satisfy their due rights. And
these conflicts can certainly affect the working relationship between the employee and the
employer, and thus increasing the need for these conflicts to be solved. Organisation thus
devise certain procedures to deal with these conflicts and make sure that conflicts are
solved and foster positive employee relations.
Conflict or Dispute starts off with failure of either party (Employee / Employer) to meets
its demands.
Conflict can start when one challenges, questions other’s work/beliefs or interests and
in most situations through interference at work, the medium to refrain people from
doing so is identified by Gennard and Judge (2005) who identify needs of rules and
for governing the relationship, as employees and employers have their own interests
in the relation, these rules help reconcile different interests and assists organization to
achieve its business objectives. So how is this done? Answer could be that employees
will not interfere un-necessarily with others if they know procedures are intact which
can be utilized if they deviate from standards under which they can
questions/challenge others.
Rose (2004) identifies parties of employer-employee relationship including Primary
Party i.e. employer and employee, secondary Party, acting on behalf of primary party
like Management and trade unions.
Above comments encourage the opinion that procedures facilitate, achieving
necessary balance in relation where both parties are content and promote feelings of
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
mutual understanding. It’s the responsibility of both parties to recognize each others
need and create Win–Win situation where both not only survive but progress for
betterment.
It’s important to note how employer sees conflict and as asserted by Rollinson and
Dundon (2007) this will have significant implication on solution of conflict as parties
in the relation might not see same issue in same way and is referred to as Unitarist and
Pluralist frames of reference. Rasmussen and Lamm (2002) assert that Unitarist frame
of reference builds on the image of Army and managers “prerogative” is stressed,
raising issues is not considered an acceptable norm, it can be said that these
organization evade employee rights and privileges whereas on the other side if
management follows pluralist style, conflict is accepted as inevitable and legitimate
though it can be managed to certain degree through appropriate structures and
procedures. This means employees enjoy some independence and have statutory
rights.
The role of procedures is viewed by Different commentators differently, but all are
unanimous on the fact of having procedures. Leat (2007) calls these procedures a way
of handling employment relations with consistency and fairness parallel to Farnham
(2000) who calls them principal means for containing any potential conflicts that may
arise from pay-work bargain. This cultivates believe that procedures are shelter that
create a climate for continued existence, equality and minimize conflicts in the
organization.
That was one side of the coin, having procedures comes with its share of
responsibilities. Bott (2003) sees procedures as identical to ‘red tape’, imposed
through endless chain of additional regulations. This can be regarded as birthplace for
conflict as organizations fail to recognise their duties/responsibility towards
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
employees and the relation, the procedures developed with this mindset will have its
implications as asserted by Bennett (1997), that development of procedures in this
manner is similar to imposing organizational “will” on the employees that wouldn’t
solve conflict but results in feeling of resentment and retaliation and gives birth to
serious conflict.
The proposed solution might be termed Ideal but steps are needed for this “irony of
procedures”. Employers have to recognise that employees are not commodities or
Disposable resource; employers have to accept staff right of involvement and
participation in development of procedures. This would be useful idea for the
organization and employees, as it will open ways for dialogue and understanding
between two sides and will help in improved communication and minimising
conflicts, as poor communication according to Bennett (1997) causes’ conflict.
Procedures are devised for individual and collective issues, Individual procedures
involve a direct contact of employer and employee; Individual procedures considered
in this essay are Discipline and Grievance.
According to Pettinger (1999) discipline requires following standards of attitudes,
behaviour and performance thus anyone breaching the standards or so called ‘The
Code of Conduct’ is dealt according to the rules. Gennard and Judge (2005) points the
impact of procedures and stress that fair and effective disciplinary procedures are
those which focus on improving or changing the behaviour and not on punishment as
Rollinson and Dundon (2007) assert that punishment does little to change behaviour
and might make employees vulnerable, volatile and difficult to deal with hence
affecting organizational climate and thus affecting organizational culture which can
directly affect the interaction between the employees and employers.
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
Failure to develop adequate procedures which positively impact behaviour can
adversely affect the organization, resulting in failure to resolve conflict plus falling
short of improving both behaviour and performance which organization seeks to
accomplish from disciplinary procedures.
Russell (2004) identifies failure on part of Employers who often skip stages of
discipline when frustration with an employee leads to instant decision of sacking
them. It can be said that disregard of correct procedure could result in an employment
tribunal whereby employer facing claims of unfair dismissal that not only prolongs
the conflict but results in a negative perception in minds of other employees regarding
the employer. The reason which forces employers to take such unlawful steps is
pointed out by Gennard and Judge (2005) who are off the opinion that laws are biased
in favour of employees and appearance before an employee tribunal will facilitate the
employee, which is proved by Vorster (2008) survey of 1100 employers in Peninsula,
and found 9 in 10 would discipline staff if legally confident but 8 in 10 employers
feared employment tribunal favoured employees.
An idealistic advantage of Disciplinary procedures as referred by Lewis et al (2003) is
that these procedures not only help but also encourage all employees to achieve and
maintain ‘Standard of Conduct’ and as these apply to all employees so it endorses
consistent and fair treatment for all thus promoting equality.
Above discussion points that having disciplinary procedures is not disadvantageous it
how they are devised and followed, affects the resolution of problems and issues and
it can be said that disciplinary procedure is a line drawn by the organization which
employees should not cross providing them the space to work plus the respect staff
can enjoy at work. Employees might not like each other at work, but they need to
respect and value each other at work. These procedures establish respect and if there
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
is a conflict, disciplinary procedures can be utilized towards ending workplace
conflicts.
The disciplinary procedures were for the employer but according to Bott (2003)
grievance procedures are for employees to express their concerns to the employer.
Rollinson and Dundon (2007) highlight some dissatisfaction that these procedures can
deal and includes grading appeals, equal pay, bullying and harassment and most
importantly they offer a positive opportunity to build good working relationships and
minimize conflicting situations as it gives employee an opportunity to raise their
concerns to the management which might become a dispute later. Gennard and Judge
(2005) point out proper handling of grievances is important because mishandling of
individuals grievance can impact a group of people. This is an important point to
consider as one possible reason of grievance can be “Who should do what”, and in
this case the grievance procedures can help to address the issue of separating Jobs and
duties and establishing boundaries of work thus hindering dispute that might arise
from confrontation of employees regarding duties at work.
Having formalized grievance procedures is advantageous but Rollinson and Dundon
(2007) highlight an important aspect that supervisors might feel threatened or
employees might not question superiors due to fear of consequences and future
retaliation of superior, which is evident from the case brought to light by Rose (2004)
from TUC (Trades Union Congress) bad Bosses hotline, which received 4950 calls
and three quarters of the callers worked in SME with less than 1000 employees. It can
be assumed that these grievances would have never come to light through formal
expression.
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
Equal Opportunities commission highlight potential for delay in the grievance
procedure. This can result in anxiousness and depression of the employee and means
prolonged situation of conflict in the organization.
Above discussion points that grievances might shape into conflicts and therefore,
management should be concerned with grievances, because it may be important
indicator of potential problems. Without grievance procedures, management may not
be able to answer employee issue/matter since managers are unaware of them.
Rollinson and Dundon (2007) point out that there are legal implications for
organizations not having fair and just procedures for discipline and resolution of
grievances. The code of practice (ACAS 2003a) covers the statutory minimum
procedures needed to be followed by the organization. Therefore, formal procedures
are valuable for the organization to clarify issues thus helping business not only save
time, create better working environment but most importantly avoid tribunals.
Issues might be faced by more than one employee and for settlement employees are
represented by a group of people normally trade union which held talks with
employers or their representative in order to reach a collective agreement and this
process can be referred to as collective bargaining.
Rollinson and Dundon (2007) identify work of Beatrice and Sydney Webb, which
coined “Collective Bargaining” and described the process as ‘trial of strength’ and
points to the fact that it’s both conflictual and politically charged side of Employee
relations.
There are two main theoretical approaches to collective bargaining, each of them
having their own perspective regarding how collective bargaining helps resolve
conflict. These include Webbs and Alan Flanders.
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
Gennard and Judge (2005) and Rose (2004) highlight their perspective on collective
bargaining. For Webbs collective bargaining helped employees secure a better deal
through control of competition between themselves, which made Webbs say that it’s
an Economic Institution, whereas Flanders disagree to the concepts and points that
involvement of negotiations for regulations of relations and importantly the power
aspect of relation make collective bargaining a Political institution and also criticized
Webbs for referring it to one side i-e the employees and neglecting how it benefits the
employers but both of them had an agreement that it gives more rights and benefits to
the employees, where Webbs termed it as a chance to get united and have an influence
and Flanders called it freeing up from mercy of market.
For Farnham (2000) purpose of collective bargaining is to establish employment
terms and conditions e-g pay, how employment issues like grievances, collective
disputes and disciplinary procedures are resolved. This can be asserted as chance to
minimize conflict because it helps prompt settlement of grievances and other
employment issues, this does not only benefit the employee, according to Rose (2004)
it benefits the employer as it helps in resolving matters on collective front rather than
taking up issue with each employee. The way collective bargaining reconciles
interests is that it gives the employee representative power which helps them exercise
their affect on the organization plus it also provide a formal means through which
conflicts can be discussed and an agreement be reached which is acceptable to all.
One of the criticisms raised by Rollinson and Dundon (2007) on collective bargaining
is that issues like pay can be conflictual and move to joint decision is seldom
complete. It can be asserted that this gives rise to the notion that collective bargaining
is all about how much power one party can exert, the trade union might be able to
exert more power if they have a strong background of pressurising the employer
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
through strikes and demonstration, but this will actually not solve conflict, it might
suppress it for sometime but conflict will stand up with passage of time through more
demands from the employees. This advocates the fact that economic benefits
employees try to reap from the collective bargaining actually stem out from political
perspective I-e power which is exercised on employer through different means.
To shift power, employers sometime use different means and one of them is bribing
members of trade union. (http://www.Personneltoday.com). What can be achieved
through this is that Power within the trade union can be divided and from this division
of power stems one important advantage and disadvantage of the collective
bargaining procedures. It can help in keeping section of employees to their boundaries
as this group will not be under control of the employer but if trade unions get
controlled by this group of people then it might result in demands which can lead to
severe conflicts, the same is true for the employer, if in case employer side is under
influence of a group of people the resistance from this group can prolong conflict.
So it can be said that if handled properly collective bargaining provide strong chance
to bring out a feeling of content and togetherness within the employees as it helps in
establishing formal set procedures which are accepted by the parties and provides
employee with a chance to have their say. This can help create a perception in
employees mind that any conflict in organization is their conflict, thus they will
refrain from getting into situation where dispute arise with the employer.
Collective bargaining is a relation between employee and employee based on agreed
rules but according to Lewis (2003) key process in collective bargaining is negotiating
which is defined by Rose (2004) as
“Negotiation is a process whereby two or more parties interact with each
other in order to resolve their differences and who need to be jointly involved
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
in an outcome which is mutually acceptable, the outcome being achieved by
argument, persuasion and compromise.”
Negotiations are at very heart of collective bargaining and to reach collective
agreement the representatives of employees participate in talks with employer or their
representatives to negotiate over issue of concern. Thus it can be referred to as formal
setting for solving conflicts and the setting according to Rollinson and Dundon (2007)
provides voice to employees in front of management and apart from being just
proving voice it can be said that it acts as a tool for not only settling differences but
also preventing them from arising. Thus it can be said that in context of employee
relations, negotiation act as a mean to deal with situation of disputes but also helps
settling or identifying those common interest which are needed to be pursued by
parties of relationship so that conflict does not arise. One of the pre-requisites
identified by Bennett (1997) for effective negotiation process is that parties shall let
go some of their demands for success of the process.
But what determines “Who gets what”. This again brings power perspective of
collective bargaining to play, the party which will be able to exert more pressure will
definitely be able to get more out of negotiation than one which will not have those
skills or power to exercise pressure on the other party.
The role of negotiation is highlighted by Bennett (1997) who points out that these
help resolve day-to-day problems that could “flare” up into destructive conflicts.
Bennett assertion can be termed a futuristic but Rollinson and Dundon (2007) take a
more basic approach by pointing out that negotiation exist because parties agree on
the fact that they have conflicting views. This fuels the believe that negotiations might
end but conflict might still remain, and this might be because parties of relation do not
let go of their demands or adopt a stubborn behaviour. What can be suggested is that
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
if to resolve the conflict parties will have to adopt a policy of “Give and Take”,
otherwise the conflicting situation will stay. Fowler (1986) takes a similar view by
identifying the need of parties’ involvement in achieving the desired outcome, and
negotiations won’t be successful in settling disputes if one is convinced that other
party’s stance can’t be changed.
One of the future advantages of negotiations can be that it can help establish a rapport
between parties and this understanding can help in failure of conflicts from arising.
The case study by Rollinson and Dundon (2007) highlights the need for negotiations,
it points out that Managers accepted the fact that confrontation was taking the
organization nowhere and union realized that both have vested interest in each other,
and this actually made them understand the importance of negotiation whereby both
understood each others difficulties, circumstances in which they work and the need of
establishing communication for resolving issues that hinder productivity and produces
disputes.
The case put forward by Rollinson and Dundon is supported Berry (2007) who points
to the case of NHS where collective agreement was reached through negotiations to
avert the strikes and union endorsed £52 million pay package after weeks of
discussion. This highlights importance of negotiation as a necessary mean to solve
disputes although it takes time but its magnitude cannot be neglected for settlement of
disputes and as a chance for both sides to put forward their case.
Conclusion
Conflicts are inevitable, they are bound to be there, and to resolve conflicts
organization requires procedures which employee will have to follow in order to resist
them from creating a situation of dispute and to make sure that every one is dealt in
same order and goes through same process plus it also helps solve problems before
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
they are taken up in tribunals. Conflicts can be collective; one disadvantage of
collective bargaining mentioned by Dau-Schmidt and Brun is that individual’s
identity is “exploded”. This builds to the assertion that employee may not bargain
even if he/she is capable and this can create free riders who enjoy while others work.
Because they know they will reap the benefits.
The process of negotiation helps in reaching collective agreement by offering an
opportunity to discuss the matter on table as strikes/demonstrations are not the
solution to any dispute.
Word Count: 2,997
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Daniels, K., (2006). Employee Relations IN AN ORGANIZATIONAL
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
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Managing Human Resources Discuss the role of procedures in managing both Assignment: 2 Individual and collective conflict in organisations?
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