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Human Resource Management
Learning outcomes:
Julie Owen
Development of Employment Legislation
Employment Rights
Equalities and Discrimination law
Health and safety legislation
Team Task
1. Match Legislation Title with Year and description
2. Integrate key social and political events from our recent history
Outcome
A washing line that represents a timeline of how employment rights have developed and how this
fits in around key historical events
Key Legislation Development
Direct discrimination
This arises where an employer treats an employee less favourably than he/she
would treat another employee because of that employee’s sex, race, disability,
sexual orientation, religious belief or age.
Direct discrimination is, for the most part, always unlawful, unless a genuine
occupational requirement
in the relevant legislation can be relied upon.
Direct Discrimination occurs when someone is treated less favourably than another person
because of a protected characteristic they have or are thought to have or because they
associate with someone who has a protected characteristic.
Associative Discrimination
This already applies to Race, Religion or Belief and Sexual Orientation. It is now extended to
cover Age, Disability, Gender Reassignment and Sex. This is direct discrimination against
someone because they associate with another person who possesses a protected
characteristic.
Perceptive Discrimination
This already applies to Age, Race, Religion or Belief and Sexual Orientation. It is now
extended to cover Disability, Gender Reassignment and Sex. This is direct discrimination
against an individual because others think they possess a particular protected characteristic.
It applies even if the person does not actually possess the characteristic.
The Equality Act 2010
Direct Discrimination occurs when someone is treated less favourably than
another person because of a protected characteristic they have or are thought
to have or because they associate with someone who has a protected
characteristic.
Associative Discrimination
This already applies to Race, Religion or Belief and Sexual Orientation. It is now
extended to cover Age, Disability, Gender Reassignment and Sex. This is direct
discrimination against someone because they associate with another person
who possesses a protected characteristic.
Perceptive Discrimination
This already applies to Age, Race, Religion or Belief and Sexual Orientation. It is
now extended to cover Disability, Gender Reassignment and Sex. This is direct
discrimination against an individual because others think they possess a
particular protected characteristic. It applies even if the person does not
actually possess the characteristic.
11
Discrimination – Direct or Indirect?
Indirect discrimination
This arises where an employer applies a requirement or condition which although it appears to be
applied equally to all employees, a substantial proportion of the members of a particular protected
group cannot comply. This type of discrimination will not be unlawful if the employer can objectively
justify it. Although the precise definitions in the individual pieces of anti-discrimination legislation are
slightly different,
Indirect Discrimination
This already applies to Age, Race, Religion or Belief, Sex, Sexual Orientation and Marriage and
Civil Partnership. It is now extended to cover Disability and Gender Reassignment.
Indirect Discrimination can occur when you have a condition, rule, policy or even a practice in your
organisation that applies to everyone but particularly disadvantages people who share a protected
characteristic.
Comply or Not Comply?
What are the consequences of not complying with current employment legislation?
Employees
Legal, morale and ethical duty of care
Breach of contract, dismissal, business into disrepute
Personal and corporate liability
Organisation
Legal, morale and ethical duty of care
‘Personal duty of care to each employee’
Business reputation
Employee morale and engagement
Employer of choice
Corporate liability
Prosecutions, fines and sanctions
Voluntary and Legal Compliance
and, then, usually with permission, to the Court of Appeal (or Court of Session in
Scotland); and, then, to the Supreme Court (until October 2009, the House of
Lords).
Employment Tribunal
1964 Industrial Tribunals
Cover employment rights (e.g. all strands of equality law, equal pay,
maternity and parental rights, rights of trade union membership,
unlawful pay deductions) www.justice.gov.uk
A Tribunal
A full tribunal comprises three people. It is chaired by an employment
judge, a legally qualified person. He or she may sit alone or may be
assisted by two lay people who have experience of employment
relations and are drawn from an employer list
ET – the costs
A record amount of compensation awarded in discrimination cases was paid out in 2011,
according to a recent survey by the Equal Opportunities Review (EOR). Awards totalled
£8.77 million last year, £3.5 million more than in 2010.
However, very large pay-outs in two NHS cases are primarily responsible for the record
sum. One case involving an "extensive process" of sex and race discrimination against a
female doctor resulted in an award of almost £4.5 million, including compensation for loss
of earnings up to retirement. This is thought to be the largest award in a UK discrimination
case.
In the other case a senior NHS worker, who had been subjected to racial discrimination
and unfair dismissal, was awarded almost £1 million.
Taken at face value, the average 2011 pay-out is £38,848 per case. But if the two
exceptionally large pay-outs are excluded, the average pay-out drops to £15,130, a small
increase on the 2010 average of £13,624.
Personnel v Human Resource Management
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Difference between HRM and the traditional term Personnel Management?
Personnel Manager of a factory or firm was the person in charge of ensuring
employee welfare and interceding between the management and the
employees. In recent times, the term has been replaced with HR manager.
Personnel Management
Traditionally the term personnel management was used to refer to the set of
activities concerning the workforce which included staffing, payroll, contractual
obligations and other administrative tasks. In this respect, personnel
management encompasses the range of activities that are to do with managing
the workforce rather than resources.
Personnel Management is more administrative in nature and the
Personnel Manager’s main job is to ensure that the needs of the workforce
as they pertain to their immediate concerns are taken care of. Further,
personnel managers typically played the role of mediators between the
management and the employees and hence there was always the feeling
that personnel management was not in tune with the objectives of the
management.
Cynics might point to the fact that whatever term we use, it is finally “about
managing people”. The answer to this would be that the way in which people are
managed says a lot about the approach that the firm is taking. For instance,
traditional manufacturing units had personnel managers whereas the services
firms have HR managers.
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Learning Outcomes
• Leavers
• Business expansion
• Cover sick leave
• Development of new
• Retirement product or service
• Cover maternity • Entering into a new
• Seasonal ‘peaks and market
troughs’ • To attract new skills
• Staff transfers /
relocation
Changes in employment patterns
• Internal recruitment:
• Jobs given to staff who are already employed by the
business
• Involves promotion and reorganisation
• External recruitment:
• Staff are recruited externally from adverts, online /
social medial, agencies, job centre, head hunters &
personal recommendation
Internal recruitment
Advantages:
• Cheaper and quicker to recruit
• Provides opportunity for development
• Recognises and rewards talent
• Increases retention levels
• Internal talent already know the organisation and how it operates
Disadvantages:
• Already aware of strengths / weaknesses
• Limits pool of candidates
• Lack of new ideas brought in externally
• Can cause resentment between teams
• Creates another vacancy which needs to be filled
External recruitment
Advantages:
• External candidates bring in new ideas
• Wider pool of talent
• Ability to recruit specialist skills
• People have a wider rage of experience /
qualifications
Disadvantages:
• Takes longer
• Cost of advertising / recruiting the role
• Selection process may not be effective enough to
reveal the best candidate
The recruitment process
• Job description
• Details the roles and responsibilities of the post
• Refers to the post rather than the person
• Person specification
• Sets out qualifications, skills, experience and personal attributes a
successful candidate should possess
• Refers to the person rather than the post
Job description
• Responsible for the day to day
running of the salon
• Ensure that the salon is running
smoothly and efficiently
• Ensure that staff are allocated
the correct work loads for their
skills
• Guarantee client satisfaction is
maintained at all times
• Ensure that treatments provided
are of a high standard
• Driving sales to ensure the
business is profitable
Person specification
• Notice boards
• Staff intranet / magazines and
news letters
• Email
External recruitment
Type of job
Senior roles may require adverts in national newspapers / specialist
magazines / job agencies or via head hunters
Semi-skilled jobs may only need to be advertised locally to attract high quality
candidates
Recruitment budget
Different types of advertisement cost more
Readership and circulation
How many relevant people does the medium reach?
How many hits does the website attract?
Frequency
How often does the business wish to advertise the post?
A good job advert is…
Short Not too long winded, covers just the important ground
Honest Doesn’t make claims about the job / business that will
later prove false
Positive Gives the applicant a positive feel about the
organisation
Relevant Provides details that the prospective applicants need
to know (shift-patters, qualifications required etc.)
Exercise
TMC Salons are currently looking to recruit a dynamic, passionate salon manager
In charge of the day to day running of an efficient and friendly salon reflecting the salon
brand principles and service standard where employees maintain a highly creative,
passionate approach to all aspects of the hairdressing industry, therefore creating a
professional yet exciting working environment.
You must have an understanding of all aspects of the hairdressing industry, changing fashion
trends while also keeping up to date with new collections within the hairdressing industry,
whilst have the ability to manage, lead and motivate a highly successful team.
Applicants must possess a relevant Level 3 hair or beauty qualification along with both trade
and managerial experience
Assessment:
• Aptitude testing
• Personality testing
• Intelligence testing
• Group discussions
• Presentations
• Role plays
Interviews:
• Competency based interview questions
• Technical based interview questions
An interviewer should:
• Stereotypes
• Halo/ Horns effect
• Contrast effect
• Primacy and Recency
• Over emphasis on negative
information
Case Study One - Jane
You are concerned as the rest of the candidates did not sufficiently
meet the Role Profile.
You conduct Jane’s interview and are feeling much more hopeful as
the interview progresses, as Jane has demonstrated most items on
the Role Profile.
You are due to conduct interviews for stylist role which involves
evening work due to the nature of the business. You are planning
your areas of questioning and you note that one of the candidates,
Michelle is a single mother.
Can you discount her application on the basis that she may not
be able to work these hours?
Next stages:
• Job offer (verbal and written)
• Reference checks
• ‘Right to work’ checks
• DBS checking
• Induction process
• Probationary period
What do you think are the true costs
of getting Recruitment & Selection
WRONG?
The true cost of high turnover
Recruiting and Selection Costs:
Time shortlisting, advertising costs, providing candidates with information about the job,
Interviewing Costs:
Time spent contacting candidates, scheduling interviews, preparing paperwork and
conducting the interviews
Selection Costs:
Time spent making the selection, contacting the candidate, drafting contracts, setting up
IT access/ accounts, scheduling the start date and arranging induction process, uniform
and on-job training
Orientation and Training:
Induction (Both local and HR), training of systems and any ‘On Job’ training
Legal Costs:
Discrimination tribunal awards and legal costs, reputation of the organisation
Reward and Motivation
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Motivation
Organisations rely on the efforts of staff to ensure the organisation meets its
current and future aims and objectives.
• A reward system - incentivised to enhance both their own and the organisation’s
performance.
• Individual aims, objectives and key performance indicators,
• Assessment of reward against targets set, and
• Review of targets set and agreement of the reward levels
• Total reward involves a blend of basic pay, contingent pay (e.g. performance-
related pay), benefits (e.g. extra holidays, healthcare) and non-financial rewards
(e.g. job satisfaction, development).
• In essence it is a mixture of extrinsic and intrinsic rewards.
Benefits
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Learning Outcomes
Explain legal aspects of finishing employment for both employer and employee
Define what is employee resignation
Describe how to manage an employee exit professionally
Discuss good practice in finishing employment
Oxford Economics (2014) estimate the
average cost of recruiting a new member of
staff in the UK as:
£30,6144
Why Do Employees Finish Employment?
Voluntary
Resignation
Retirement
Pregnancy/maternity
Forced
Redundancy
TUPE
Constructive dismissal
What is resignation?
Clear statement by the employee to the employer that they
are going to leave the job - most employers expect this to
be put in writing
Threatening to leave, or saying they are looking for another
job, isn't the same as formally resigning
A resignation can't be taken back, unless the contract
allows or employer agrees
Final pay is on the normal pay day unless the contract says
differently – there is no right to ask for early payment
As long as notice is in line with the terms of the contract the
employer must accept the resignation
Notice periods
This is a record of the pay that has been earned and the
tax that's been paid so far in the tax year
Or not.
So, next time you get a resignation, resist the temptation to laugh it off as
"another dumbo who doesn't get us."
It's not the departing employee who doesn't "get it." It's not the company
they are leaving.