Chris Jarvis1HRMObligations, Contracts, Discipline and Grievance HandlingChris Jarvis2HRMBackgroundcontract - central to Er-Ee relationship(offer, acceptance, consideration) negotiated/agreedplus common law/statutory regulationsocio-econ. exchange - open-ended unlike commercial contractsjob contracts & managerial power/authority an equal balance in service relationship? subordination to reasonable & legitimate authority employer determines organisation of work and standards (reasonable) delivery of performance, motivation + loyalty, commitmentcommon law duties of employer & employee Express and implied terms (general obligations)Chris Jarvis3HRMexpress or implied, verbal or in writing “usually concluded orally by people who rarely think out still more rarely express, any terms” 1940 subject to statutory regulationChanges to the Contract? mutual consent? within scope of effort-reward relationship? within employers (reasonable) operational discretion?Vicarious liability & Negligence employer liable for negligent/wrongful acts & omissions of employee in course of employment. Formation of contract of employmentChris Jarvis4HRMEmployment Rights Act 1996Consolidated earlier Acts repealed in whole or in partUnaffected Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Transfer of Undertaking (Protection of Employment) Regulations 1981 Disability Discrimination Act 1995Chris Jarvis5HRMRIGHTS AT WORK?be clear on what is expected of you?know how your manager sees your performance?get on with your job in your own ways, once constraints objectives have been agreed?make mistakes occasionally?have a say/veto in who works for you?expect work of a certain standard from your staff?criticise performance when it falls below an agreed standard?be consulted about decisions which affect you?take decisions on matters which affect your department?refuse unreasonable requests?Chris Jarvis6HRMEmployer obligations to employeepay contractually agreed remunerationprovide work?give lawful instructions onlytreat reasonably with respect, trust confidenceprovide sound supervision job instruction?observe provisions relating to sickness, holiday pay, hours.permit time-off for public duties (statutory)indemnify / insureprovide references?provide for employee health, safety welfare provide reasonable safe working conditions (see statutory provisions)Not infringe Human RightsChris Jarvis7HRMEmployee obligations to employerready, willing available to do workwork for employer in employers timeuse care, skill, be reasonably competent not to be unduly negligentobey reasonable, lawful instructionstake care of employers property ( good will?)Fidelity: act in good faith, respect values confidencesAbsences?Industrial action?Response to operational change?Justifiable refusal to obey? exceptional danger order would constitute a legal offenceChris Jarvis8HRMUnfair Dismissal“Usually evident when someone has been dismissed.”The employer has clearly terminated the contract?Also when: fixed term contract expires but is not renewed - is this unfair?Plus constructive dismissal employee has reason to resign because of employer conductChris Jarvis9HRMAutomatic invalid reasonsEmployer prevents an eligible employee to return to work after pregnancy/childbirth - regardless of service (ERA). Sex, race & disability discrimination/victimisation/detriment - assertion of statutory rights & supportHealth & safety s.100 right not to be dismissed or subject to detriment for acting as safety representative and carrying out designated activities to prevent/reduce risks & dangersPublic Information Disclosure Act 1998.Legitimate TU membership (non-membership) & activitiesChris Jarvis10HRMNo right NOT TO BE Dismissed. without good reason (ERA 1996)complaint & redress to Employment TribunalPrinciple job stake cannot be ended just by serving contractual notice. Restraint on hire-fire employerDoes it really constrain employers freedom of action? Chris Jarvis11HRMEligibility?1 year continuous service at date of termination.no FT/PT thresholdsno service requirement for inadmissible reasonsclaim within time limits (reasonably practicable)Exclusions (Human Rights Act?)Chris Jarvis12HRMValid reasons for dismissalEmployer must show that reason or principal reason falls within ERA s96 Conduct common, leading to the most complaints for unfair dismissalCapability or qualification for performing the work employee unable to do job/work satisfactorily or does not have qualifications for it. Illness & frustration of contractRedundancy Generally not grounds for U/F dismissal claim. Statutory requirement Continued employment contravenes statutory duty e.g. drivers licence, work permit.Some other substantial reasonChris Jarvis13HRMConductrefusal to obey reasonable instructions introduction of a new working system?timekeeping, absenteeismbreach