This piece of work covers all of the criteria for Unit 24 employment law p5 p6 m3 m4 d3 with conclusion and Harvard references . I have achieved a distinction in this unit by Pearson Edexcel in August 2022. I hope this helps!
Does not meet the Merit or Distinction criteria as there is no reference to decided cases or statutes as per the assessment criteria for these two grades.
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P5 &P6
Introduction
This assignment will detail various methods by which an employee may leave their workplace, some
of which are initiated by the employer and others by the employee. Formal and informal ways are
detailed below. An employee can leave work for a variety of reasons, including unfair dismissal,
employee breaking the law, and so on and Present client advice, explaining how formal and informal
problems in the workplace can be resolved.
Different reasons why an employee may leave their place of work
Pay- On paper, paying staff less than the statutory minimum or the amount you could earn at
another company may appear to be a good idea. People are paid less. Low pay, on the other hand,
are another incentive for bright people to leave, which might increase the company's long-term
costs. Even if you believe your employees' pay are reasonable, you should compare them to industry
averages. If your employees believe they are underpaid for the jobs they do, but can get a greater
income for the same position elsewhere, they are higher. Look for ways to increase your pay.
Business culture- Although culture is merely a business jargon, it has a tremendous impact on how
employees feel about their overall work. Employees are more likely to stay working and achieve
their best when they feel linked to your firm and are involved in both your general business and their
specific duties. Bad business culture, on the other hand, is a primary reason for good employees to
depart. Poor corporate culture can be caused by a number of factors, including uncertainty about
the company's worth, a lack of openness, or simply not giving employees with the tools they need to
execute their jobs.
Overwork- As a result, feeling overworked is another motivation for brilliant employees to leave.
Employees may feel overworked and obligated to work beyond their means to complete all tasks.
Several organisations, particularly small enterprises, must expect their staff to wear many hats, but
what they have on their plates and how they manage their workload are the most important
considerations. You should be conscious of everything you're doing at all times. It's as simple as
meeting with employees to discuss their job, assisting them in prioritising chores, and encouraging
them to speak up when difficulties develop to save them from being overwhelmed. Similarly, feeling
undervalued is a common reason for employees to leave their jobs. It may seem insignificant, but
informing your staff that they are doing a good job and acknowledging their accomplishments can go
a long way.
Future with company- Employees who believe they have a future in the firm, have the potential to
advance within it, and believe they will be able to add skills and experience to their jobs are more
inclined to stay. According to Forbes, the vast majority of students today aspire to advance in their
careers above everything else. Most businesses do not treat their employees' career trajectories
with the respect they deserve. Within your organisation, communicate promotion chances and let
people know what they need to do to get there.
Behaviour- Many people leave their employment for this reason, whether they have a strained
connection with their supervisor or just lack competent supervision. It's critical to understand how
you manage your workers, from micromanagement to nothing at all. It is critical to guarantee that
someone knows what they are doing because not everyone can be a leader.
,When an employer terminates an employee's contract without cause, this is known as unfair
dismissal. The employee can claim harsh dismissal if the employer has a good justification for
handling the dismissal incorrectly. People are wrongfully terminated because of incapacity (workers
are not working adequately or are unable to work due to illness or disability), reductions or layoffs
(employers work), and shrinking or rebuilding work.
Peter case study
If you are permanently unwell or have been ill for a long period, your employer should usually
consider other options before dismissing you. They must, for example, examine whether the work is
sick and needs to be changed. You have the option to cancel if you are ill. Employees can be fired for
reasons other than ability, such as health, as long as the employer acts correctly in all instances and
makes reasonable workplace adjustments wherever practicable. Other benefits include Employment
and Support Allowance, in addition to the statutory disease allowance (SSP) if the layoff is due to
illness (ESA). Persons with Disabilities Have the Right to Live Independently (PIP). Universal credit is a
type of government assistance programme. If you are facing disciplinary action, your employer is not
required to postpone it indefinitely simply because you are sick (including disciplinary hearings).
However, unless you have a compelling cause, do not do it while you are abroad. Even if you aren't
the target, working with a bully's boss can be a nightmare. Unless the bully is targeting an employee
based on race, religion, gender, or other factors, or if the person is sexually harassed, there is no law
forbidding this abuse. Bullying can take the form of a regular pattern of behaviour or a one-time
incident that occurs face-to-face, via social media, email, or phone, at work, or in another work-
related circumstance.
Mary case study
You are made redundant when your employer can no longer afford to keep you on the payroll owing
to financial restrictions. You are fired when your employer asks you to leave due to poor
performance, such as stealing or fighting at work, or because they consider you are unsuited for the
job. Although redundancy is one of the reasons for an employee's termination, it is only one part of
the overall termination package. Payments can be given in place of notice periods and can be
included in a termination package.
Both redundancy and termination result in the loss of employment. The biggest distinction between
the two is why you're unemployed and what you'll be doing after you quit. Layoffs and dismissals
frequently happen with little or no notice. If fewer than 20 redundancies are expected, there are no
particular rules to follow, but full consultation with employees and their representatives is
recommended. Otherwise, the Labour Court may conclude that you fired an employee
inadvertently. Pre-tax income is used to calculate redundancy pay (called total salary). Every year
that you work for your company, you will be paid a half-week wage until you reach the age of 22.
Weekly pay for people aged 22 to 40. Your company is required to pay severance compensation if
you have worked at the same position for more than two years. The "statutory redundancy pay" is
the statutory minimum amount, but carefully check your contract. You could make even more
money. Statutory severance pay is the name given to your redundancy pay. It's based on your age,
weekly income, and number of years you've worked for your current employer. You also have the
option of using the statutory notice period to avoid paying the minimum amount. Your employer is
responsible for paying these, although your payments are limited. Employers are unfortunately able
to fire an employee and then hire someone to work for a low wage. This includes trainees who take
up the position after the preceding employee is fired. However, they should have given you that role
(and compensation) before employing a new employee. A layoff, whether expected or unexpected,
, can create a great deal of uncertainty, worry, and anxiety, as well as exacerbate underlying mental
health issues.
James Case study
Consistent lateness can lead to dismissal, but it's most effective if you manage it well and
consistently. While consistently arriving late will not be considered significant misbehaviour, the
behaviour may be grounds for dismissal if it is repeated. Excessive tardiness is defined as "being late
for work and returning late from breaks or lunch more than six times in any three-month period."
When a worker has been warned about the need for improvement, they can be fired for tardiness.
There's a good chance you won't be fired for being late once or twice. Most businesses are forgiving
if an employee is late on occasion, but there may be consequences for frequent tardiness.
Although more than half of employers expect their employees to be on time every day, many
agencies recognise that tardiness is unavoidable. It happens to the nice people among us. If you are
consistently late, though, it implies that you do not value the time of your co-workers, bosses, or
customers. Common tardiness, failure to finish painting tasks on time, inability to follow directions,
and negative execution of obligations are all examples of minor misbehaviour. Problems with
attendance and lateness may also lead to the termination of the job relationship under favourable
conditions. Employers must continue to issue warnings before firing a worker for cause due to
absenteeism or tardiness, as this may result in wrongful termination and human rights complaints.
Different methods of resolving formal and informal problems in the workplace
A workplace dispute can be resolved in one of two ways: formally or informally. Informal techniques
for workplace dispute resolution are typically used for less serious issues that may be resolved
quickly and confidentially, such as in a private meeting between an employer and an employee
where the parties can have a quiet chat. This is a good way for small businesses to enhance an
employee's conduct or performance, and it can include additional training, coaching, or guidance.
Formal techniques of dispute resolution are typically employed for more serious instances or
reoccurring issues that cannot be resolved informally. Meetings, written remarks, ACAS, and
employment tribunals are all examples.
Informal approaches of settling workplace issues.
The purpose of informal workplace conflict resolution is to resolve issues without resorting to formal
grievance and complaint procedures. As a result, informal processes are frequently shorter, non-
adversarial, and more likely to result in positive long-term relationships between the participants.
Negotiation, mediation, arbitration, and mediation-arbitration are the most prevalent types of non-
legally binding processes. All of these methods focus on resolving the problem in the best interests
of all parties concerned, rather than going to court. Through negotiation, disputing parties can agree
to openly and honestly share their concerns with one another. They may express their dissatisfaction
with specific action procedures or policies and offer solutions for resolving the disagreement.
Typically, the parties agree to collaborate in order to reach a mutually acceptable solution. If
negotiation fails to resolve the problem or the parties are unable to communicate, a mediator, who
is a natural third party, can be utilised to facilitate dialogue and assist the parties in reaching an
agreement.
The mediator serves as a go-between and can be someone from within the business, such as a
manager, or someone recruited from outside to oversee the resolution of the disagreement.
Mediators do not provide legal advice, take sides, enforce solutions, or make settlement judgments.
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