Management, Dismissal And Tribunals

Question 1

Define management

Answer 1

The process of coordinating the activities of a business in order to achieve defined objectives

Question 2

What is meant by functions of management

Answer 2

The set of core activities which define the role of managers in a business environment

Question 3

What are the functions of management

Answer 3

• Planning
• Organising
• Directing
• Controlling

Question 4

What is meant by planning

Answer 4

Deciding what they want to achieve (making decisions)

Question 5

What is meant by organising

Answer 5

Taking action to proceed with the plan

Question 6

What is meant by directing

Answer 6

Giving duties to people

Question 7

What is meant by controlling

Answer 7

Ensuring the work is done

Question 8

Is a manager and a leader the same thing?

Answer 8

No, a manager is In a position of authority, but may still have traits of a leader
A leader is not in a position of authority over others

Question 9

What is meant by management constraints

Answer 9

Limitations or restrictions

Question 10

How might a managers success be measured

Answer 10

• Ability to make decisions
• Ability to motivate team
• Level of labour turnover/absentee
• Profit
• Customer feedback

Question 11

What constraints could prevent a manager from being successful

Answer 11

• Resources available
• Structure of organisation
• Budget
• Strength of competition
• Own ability to manage and motivate

Question 12

What is meant by redundancy

Answer 12

A form of dismissal that occurs when employers need to reduce their workforce and so a position no longer exists

Question 13

What is meant by dismissal

Answer 13

Termination of the contract of employment of an employee, often as the result of a disciplinary procedure

Question 14

What is meant by unfair dismissal

Answer 14

Where an employee is dismissed without a valid reason or without the employee following the correct disciplinary procedure

Question 15

What is meant by fair dismissal

Answer 15

Where an employee is dismissed with a valid reason and the employee follows the disciplinary procedure

Question 16

What 2 actions can lead to on the spot fair dismissal

Answer 16

• Gross misconduct

- Gross negligence

Question 17

Examples of gross misconduct

Answer 17

Stealing
Being drunk
Physical violence

Question 18

What is meant by gross negligence

Answer 18

A lack of regard for safety

Question 19

What are the 4 actions valid for fair dismissal, assume disciplinary procedures are followed

Answer 19

• Poor conduct
• Incapacity
• Capability
• Reduncdancy

Question 20

What is meant by poor conduct

Answer 20

Failing to perform tasks requested by manager or lateness

Question 21

What is meant by incapacity

Answer 21

Being too ill to work on a regular basis or for a long period of time

Question 22

What is meant by capability

Answer 22

Repeated inability to do the work required, or a major incident such as losing a valuable client

Question 23

How may any other substantial reason for fair dismissal be decided

Answer 23

Through employment tribunal

Question 24

What are examples of reasons for unfair dismissal

Answer 24

• Maternity/paternity leave
• Whistle blowing
• Discrimination
• Trade union membership
• Industrial action

Question 25

What is meant by whistle blowing

Answer 25

Bringing to attention a worry or reason to believe that malpractice has taken place in an organisation, to a person in authority

Question 26

What is the correct dismissal procedure, according to ACAS

Answer 26

1) First verbal warning 2) First written warning 3) Final written warning 4) Dismissal All action should be in writing and result in a formal meeting

Question 27

Is this dismissal procedure in law?

Answer 27

No, but it is suggested by ACAS and is often used as a template during a tribunal

Question 28

What does ACAS stand for

Answer 28

Advisory, Conciliation and Arbitration service

Question 29

What does advisory concern

Answer 29

Impartial advice and support

Question 30

What does conciliation concern

Answer 30

A mediation service

Question 31

What does arbitration concern

Answer 31

Making a final decision in disputes

Question 32

What is unconscious bias

Answer 32

When certain employees are favoured over others, due to many factors such as personal relationships, background, ethnicity and age

Question 33

What are examples of advised methods to avoid unconscious bias

Answer 33

Not rushing decisions, being aware of any bias and not stereotyping people

Question 34

What is a greivance

Answer 34

When an employee has a complaint, concern or problem

Question 35

What does ACAS suggest an employee does if a grievance exists

Answer 35

- Raise issue informally - Formally our this in to writing if no action is taken - Consider a tribunal

Question 36

What is an employment tribunal

Answer 36

A special court dealing only with employment law

Question 37

What is the purpose of an employment tribunal

Answer 37

- Resolve disputes that can’t be settled out of court - Clear businesses of wrongdoing or compensate employees for wrongdoing - Act as a deterrent to employees so prevent unfair practices

Question 38

Examples of impacts of employment tribunals to business

Answer 38

- Time and resources - Legal costs - Compensation costs (possibly) - Possible reputation damage (if it is settled outside of court it is not in public knowledge)