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Essay on Grievance and disciplinary procedure

Introduction

The well-defined process and procedures in the organization is necessary for the employees to work effectively and efficiently. The discipline and grievance is very important for the organization to work properly and run smoothly. There are many problem and issues can be generated between eh employees and employer. This is crucial to solve the issues and resolve the conflict efficiently for both parties. The policies that made give the guideline to both parties to follow and solve the problems among themselves. Any problem can measure on the grounds of policies that are provided us by the discipline and grievance. The rules and regulations made by the human resources department are fundamental for the organization to work smoothly in the market. The reason is that there is the relationship between the policies, producers of the disciplinary grievance and the worker performance. The same kind of the relationship or association is also present in the performance of the worker or employee and the company performance and growth (Armstrong, 2012).

The policies of the organization are made by the human resource department. This is the most important department. Therefore, the efficiency of this department also helps in the success of the organization. In this essay, there is study about the human resource management and the employee relationships. For the company development, the study of the labor market is mandatory for the organization. However, there are number of problems associated with the labor market. This is necessary for the organization to have the solutions of those problems. When the labor or workforce will free of any issue or problem them, it affects the productivity of the worker, his performance and the performance of the organization. The disciplinary grievance provides the conceptual framework and direction for actions of the organization (CIPD, 2014).

Section A

Human Resource Management

According to (Guest, 2014) HRM is different from the traditional personnel management. Moreover, he elaborates that there is relationship between the high performance and the commitment. The employee commitment to the work and organization is the initial step for the growth of the company. When they are committed to their work this will help them to boost their performance. On the other hand, this is necessary that organization also have committed with the employees. The motivation of the employees by the employer helps them to retain. Human Resource department is responsible for the policymaking and execution of the plans in the organization.

The labor market is the place where the people are offering their services against some compensation. The other party that is employer is looking for the services and paying the compensation against their worker.  The interaction of employer and the employee on a single place is called the labor market.  The labor is providing the quality work. However, the expertise in the work makes their value. The compensation set by employer according to the skills and capability of the worker or labor. The compensation is paid or set against the skills, time, expertise and education. The wage labor will helps to make the economy better (Nolan, 2006). The supply and demand of the labor in the wage market determines the rate and income of the workers. According to (Lipsey & Chrystal, 2007), the wage difference of UK from 1984 to 1990 for unskilled labor was 10.5 & 7.5.

Labor Problem

Many issues arise of the labor during the work at the workplace. The direct effect and impact of these problems are on the performance of the organization. If the problems remain the unsolved then this will put the worker in stress and anxiety. The outcome of these stress and anxiety is the poor performance of the employee. Sometimes the nature of the employee is that he always has problem with the work. However, these are not the same as they are looked. The entire workers are not same (ACAS, 2009). Therefore, this is not the solution to say that worker is good or bad. Normally the labor problems includes the low wages, not treated well, poor working condition, lack of the safety and health, discrimination, biasness, unorganized labor force, underemployment, absence of job security and many others. The important thing for the HRM is to eliminate the problems of the employees so that their performance can be effective and efficient for the organization (Armstrong, 2012).

The performance of the employee is majeure in three ways. The relative management is mostly used to measure the efficiency. The comparison of the employee with the employee performance of the competitor, the current & past performance and potential performance of the employee is observed. The potential of the performance can be judge on the current performance of the employee (Kaufman, 2007). Ford Company is giving more competition plans as compare to the Toyota; this is the reason for the good performance of the employees. In simple words, this is the employee appraisals system done by the human resource management.

Solving the Labor Problem

This is the most important task for the organization to solve the problems and issue of the workforce. The delay in solving the problem will reduce the performance of the organization. Human recourse manager is a third party that tries to solve the problems of the labor. This also has been observed that most of the problems are born due to the lack of motivation of the employees. Therefore, the first thing for the HRM is to make the employees of the organization motivated. In this essay, there is the solution for the two problems of the labor (Williams, 2014).

Job Regulation

The job regulation is the solution to solve the problems of the labor. First, the reason for the problem is necessary to observe, if the problem is created due to the lack of the competency or the mismatch of the job with the skills then job regulation is applied. The job regulations are made by the human resource management. These regulations are general applicable to all the workers of the organization. at the start of the offering job, employee handbook or some short training sessions are conducted by the HR manger which tells about the all the policies and regulations of the company. The purpose of the regulations is to keep the discipline in the organization to avoid potential conflicts (Williams, 2014).

Control Behavior

The control behavior of the employees is necessary for the effective performance of the employees. The variables that used to control the behavior of the employees are the employee engagement and increase the participation of the employees in job. For example, Toyota is the using the KAIZEN model for the quality and participation of the employees (Dundon, Wilkinson, Marchington, & Ackers, 2003).

 

  1. Section B
  1. Grievance

According to (ILO, 2014), grievance defines as the disengagement, disagreement or any related issue that arising out from the work of the employee or the workers. This is specially refers to the unfair treatment in any matters. For example, the issue rises by the employees on the unfair treatment of the wages or the salaries. The working hours can also be base for the rising of the issues. These issues are more difficult because these are the serious and hard to settle down. In these types of issues, both the involving parties are hard to be agreeing at the mutual agreement.

Discipline

The discipline is defined as the rules and regulations that are obeyed and mandatory to follow by the each member of the organization. The rules are made to control the behavior and the unethical issue related to the organizational behavior of the people. The poor performance and misconduct includes the disciplinary situations (ACAS, 2009). These are prefers to solve these issues because these are related with the performance of the employees. The code of conduct or ethics is developing by the Human resource management. This is the moral responsibility for the every employee to have knowledge about the policies of the organization. The internal rules and regulations of the organization are according to eh structure and culture of the organization. However, these rules are always making in context of the state laws and legislation (Trebilcock, 2001).

Disciplinary Grievance procedures, outcomes of grievance procedures

There is some framework of the producers of disciplinary grievance. The management of the company follows the procedure to get the outcomes in favor of the company and the employee. There are few steps involved in the procedures.

  • Construct the facts and evidence of each case
  • Knowledge of problem to the employee
  • Discuss the problem in the meeting with employee
  • Employee are allowed to accompanied
  • Appropriate action
  • Proposed solution or opportunity
  • Special Cases
  1. Construct the facts and evidence of each case

This is necessary to carry out the proper investigation according to the nature of the problem. The disciplinary and grievance both have different style of the investigation. This is required that there is no reasonable delay in starting of the investigation. In the misconduct cases, the evidence can be collected by involving different people from the workplace for the investigation. However, the employee will ream ion on the job and investigation can be carried side by side (Tucker, 2012).

  1. Knowledge of problem to the employee

The employee involved in problem or any issue shall be informed in written about the initial investigation, the meetings, venue and charge on the employee. This is the responsibility of the HR to inform and update the employee against the issue.

  1. Discuss the problem in the meeting with employee

A proper meeting will hold with the employee to discuss the issue and problem. In the meeting, it is necessary to find out the reason for the problem of issue because if the reason cannot be identified or eliminated then the same problems can also arise in future.

  1. Employee are allowed to accompanied

In the meetings, the workers are allowed to bring co-workers, or friends. This will help the management and employee to come to a solution. Moreover, any kind of the action from the employer will also acknowledge to the third party.

  1. Appropriate action

The nature and importance of the issue will identify the action. If the problem is serious then strict action must be taken. However, this is necessary to check if the employee is wrong. On the other hand, normal cases can be solved with a formal or informal warning if needed (Kaufman, 2007).

 

 

  1. Proposed solution or opportunity

If the employer side is the reason for the problem then this the responsibility of the investigation party to offer some solution or opportunity to employee in order to manage the conflict (ACAS, 2009).

  1. Special Cases

The position and designation of the employee can also be put in consider before taking an action. If the employee is managerial level or the leader of union then normal action will taken. In case of strict action, there is threat that the problems go out of control (Donut, 2014).

Grievance Issues

The grievance issues are the discrimination, promotion, unfair treatment, bullying, pay and victimization. These issue are arise between eh employee and employer. These are the normal issues in the organization. The responsibility of the HRM is not to take account on the employees. It also has to justify the position of the employer. In case, the employer is guilty then the compensation will be paid to the employee by the employer. In some serious cases, the employee goes to courts for their rights. The rights of the employee are protected by courts (CIPD, 2014).

Section C

There is the case about the discrimination in a company of the UK. The case gives a practical example of the grievance issues at the workplace. This also includes the situation, reaction of the employee and the settlement. This case is related with the poor performance of the employee.

Case Study: Dyslexia in the Workplace

Wendy works as a Nurse in the NHS Trust. During her job, she always has problems in writing and reading. She told her manager about the problem and the manger in return did not believe on the excuse made by Wendy. The reason made by Wendy is that she had dyslexic. Mange asked to proof that she really suffer with dyslexia.

As time pass, the manger Angela was making the unjust reasons about the work of Wendy. She insists, said others that the Wendy is just neglecting her duty, and made mistakes. She is just cover herself against her poor performance at the work.

This is the main issue that arises in between employee (Wendy) and employer (Angela).  Father more the manger also insists and encourages employees to complaint against the Wendy. This is wrongful act made by the employer. In this situation, the employer is wrong because she was making discrimination to with Wendy. The manger was making the 15 allegations against the poor performance of the Wendy. The results of these unlawful and discriminatory allegations were that Wendy went off sick due to stress and anxiety. When Wendy return to the job after some time the manger suspended her without any notice. Moreover, the manger also defames the Wendy by alleging that she has serious mental health problems.

The investigation reports included that Angela herself asks others to make complaints against Wendy. Therefore, Wendy decided to sue again the wrongful dismissal from the job and discrimination. The report was made without the proper procedure and the following the ACAS Code of Practice or the Equity Act 2010. However, the meetings with management and investigation can help Wendy on her unfair dismissal.

The outcome of this case was that she returned to the job under a new manager. The manger is happy from her work performance. This is necessary to carry out the proper investigation according to the nature of the problem. The disciplinary and grievance both have different style of the investigation. This is required that there is no reasonable delay in starting of the investigation. However, in this case, there is no proper investigation is made before the dismissal of Wendy.

Comments

In this case, the grievance issues are the bullying, discrimination and showing Wendy a disable person. The intention of the employer or manger is not good. The manger is doing the wrongful act on the job. The reason of the issue was that Wendy feels some problem, but she was not trusted. Moreover, the employer was made situation more bade and enhances the problem. The other problem was that the Wendy becomes stressful due to the behavior of the employer. This made her performance poorer. The poor performance evidence make easy for the manger to make her dismiss from the job. Another thing in the case study is that, the proper procedure of the disciplinary grievance. The meeting is not plan with Wendy and takes the action against Wendy.

In this case, the manger is not obey the rules and regulations and not fair with her work or duty. If the employee has any problem and issues this is the responsibility of the employer or manger to eliminate or make a solution for the problems (Foster, 2013). The terminations and dismissal are not the solution for the problems. Moreover, this set a bad impression and effects on the employee. Another reason for the poor performance of the Wendy was stress. This is identifying that the stress is also a variable that can effects the performance of the employees.

The poor performance of the employee also effects the operations of the company. Many organizations are working for the protection of the rights of the employee. The labor laws give protection against the unfair and discriminatory behavior of the employee. Amid the work, numerous sorts of issues or issues are raises (Donut, 2014). These are order into disciplinary that connected with representatives to workers or though the grievance is connected with the worker to head honcho. Nevertheless, the sorts of the issues are not the matter. The matter is arrangement of the issues on the times. Subsequently, this is compulsory for the HR office to make the approaches as indicated by the work laws, word related wellbeing and security represent legitimate execution of the association. If the employer side is the reason for the problem then this the responsibility of the investigation party to offer some solution or opportunity to employee in order to manage the conflict.

Conclusion

It is concluded that the rules and regulations are necessary for the smooth running of the organization. I am agreeing that the disciplinary and grievance procedures are necessary for the smooth running business. If the rules are not followed by the employee or employer himself, then it directly affects the performance of the employee. The labor is very important in the organization. Many laws are made that protects the rights of the labor. Therefore, the employer has to obey the laws. The labor market is the place to hire a person fit for the organization for its services. The labor markets also influence the economy of the country and growth of the organization. During the work, many types of issues or problems are raises. These are categorize into disciplinary that linked with employees to employees or whereas the grievance is linked with the employee to employer. However, the kinds of the problems are not the matter. The matter is solution of the problems on the times. Therefore, this is mandatory for the HR department to make the policies according to the labor laws, occupational health and safety act for proper performance of the organization.

The poor performance of the employee will effect the operations of the business. The reason is that the organizational performance is linked with the productivity and efficiency of the employees. Polices that are made by HR gives the control on the workforce. Therefore, job regulations are discussed or delivered to the employees at the time of the starting of the job. This is not necessary all the time the employee makes a mistake, the employer also made some wrong decision that will become the base of problems and issues. The management of the company should understand the labor market and its impotence for the economy and organization. Many companies like Toyota, Apple, Samsung, and Microsoft are working to make good policies.

 

 

 

 

 

 

 

 

 

 

References

ACAS. (2009). Disciplinary and grievance procedures. Retrieved Aparil 27, 2015, from http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf

Armstrong, M. (2012). Armstrong's Handbook of Human Resource Management Practice (12 ed.). Kogan Page Publishers.

CIPD. (2014). Discipline and grievances at work. Retrieved Aparil 27, 2015, from http://www.cipd.co.uk/hr-resources/factsheets/discipline-grievances-at-work.aspx

Donut, L. (2014). Grievance issues. Retrieved April 27, 2015, from http://www.lawdonut.co.uk/law/employment-law/discipline-and-grievance/grievance-issues-faqs

Dundon, T., Wilkinson, A., Marchington, M., & Ackers, P. (2003). THE MEANINGS AND PURPOSE OF EMPLOYEE VOICE. Retrieved Aparil 27, 2015, from http://www98.griffith.edu.au/dspace/bitstream/handle/10072/15400/...?sequence=1

FFW. (2013). LABOR PROBLEMS. Retrieved April 27, 2015, from http://www.ffw.org.ph/bin/TRAINING%20RESOURCES/Labor_Problems.pdf

Foster, C. (2013). Organizational Development. Retrieved April 27, 2015, from http://organisationdevelopment.org/history-of-od/od-hrm/

Guest, D. (2014). Guest’s model of HRM. Retrieved April 27, 2015, from http://www.kcl.ac.uk/sspp/departments/management/learningboard/aboutus/people/guest.aspx

ILO. (2014). COLLECTIVE AGREEMENT ON A PROCEDURE FOR THE RESOLUTION OF GRIEVANCES. Retrieved April 27, 2015, from http://www.ilo.org/public/english/staffun/docs/grievances.htm

Kaufman, B. E. (2007). The Study of Labour, Employment, and Work Life: Central Features and Core Principle. Retrieved April 27, 2015, from http://www.diva-portal.org/smash/get/diva2:159769/FULLTEXT01.pdf

Lipsey, R. G., & Chrystal, K. A. (2007). Economics. Oxford University Press.

Martin. (2014). Case study: Dyslexia in the workplace. Retrieved April 27, 2015, from http://www.ms-solicitors.co.uk/employee/discrimination-in-the-workplace/disability-discrimination/case-study-dyslexia-in-the-workplace/

Nolan, P. (2006). Back to the Future of Work. Retrieved April 27, 2015, from http://www.leeds.ac.uk/esrcfutureofwork/downloads/events/colloquium_2004/nolan_paper_0904.pdf

Trebilcock, A. (2001). Chapter 21 - Labour Resources and Human Resources Management. Retrieved April 27, 2015, from http://www.ilocis.org/documents/chpt21e.htm

Tucker, B. (2012). Solutions of the Labor Problem. Retrieved April 27, 2015, from http://fair-use.org/benjamin-tucker/instead-of-a-book/solutions-of-the-labor-problem

Williams, S. (2014). Introducing Employment Relations A Critical Approach (3 ed.). Paperback.

 

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