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1 – 10 of over 9000Cassandra Bowkett, Marco Hauptmeier and Edmund Heery
Collective employer representation in the UK has changed in fundamental ways in recent decades. Collective bargaining has declined and instead, the authors have seen the emergence…
Abstract
Purpose
Collective employer representation in the UK has changed in fundamental ways in recent decades. Collective bargaining has declined and instead, the authors have seen the emergence of a significant new form of collective organisation, the employer forum (EF), which promotes good corporate behaviour and typically focusses on issues of equality and diversity, social policy and community engagement. The purpose of this paper is to examine this new form of collective action through a case study on Business in the Community (BITC) Wales. It also compares this EF with traditional employers’ associations (EAs) in order to establish what is significant and distinctive about EFs.
Design/methodology/approach
BITC Wales is a “typical case” (Patton, 2014; Seawright and Gerring, 2008) that shares key characteristics and functions with other EFs across key analytical dimensions, and therefore provides insights into the wider population of EFs in the UK. In addition, the paper compares EFs, examined through a qualitative case study of BITC Wales, and traditional EAs, introduced and discussed in the literature review, along the same analytical dimensions. The aim of contrasting EAs with the case study on BITC Wales is to establish what is distinctive and significant about EFs and to consider the implications for employment relations in the UK.
Findings
The paper argues that EFs and EAs support employers in dealing with the challenges of managing the employment relationship and threats to profitability in different political contexts. The organisation of employers in EAs was a response to increasing trade union power and labour costs. EFs are helping employers to deal with a different set of challenges, including declining social cohesion in communities in which employers operate, reputational and legal risks posed by new equality and diversity legislation and expectations of good corporate citizenship by consumers and their own employees. EFs address these challenges by engaging in social projects in local communities, by promoting good corporate behaviour through benchmarking and codes of conduct, and by boosting the reputation of employers through award schemes and promotion of corporate social responsibility activities of member companies.
Originality/value
Previous literature has not examined EFs and their role in employment relations. This paper considers EFs as a new actor in employment relations.
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Saudi Arabia recently amended the Labour Law provisions governing the unfair dismissal of employees in the private sector. The previous version of the legislation, which had been…
Abstract
Purpose
Saudi Arabia recently amended the Labour Law provisions governing the unfair dismissal of employees in the private sector. The previous version of the legislation, which had been in force for many years, had entitled employees to demand reinstatement or make a claim for fair financial compensation equal to the damages sustained. The recent amendments eliminated the right of a dismissed employee to seek reinstatement and also revised the rules relating to monetary compensation. The purpose of this paper is to critically analyse and evaluate the new approach, which has been criticized heavily. In addition, it suggests feasible alternative ways to handle unfair employee dismissal, which can be incorporated into the current Saudi Labour Law.
Design/methodology/approach
This paper presents an analysis of the existing approach to dealing with unfair employee termination in the Saudi Labour Law. It is based mainly on information collected from various legal materials, such as books, review of judgments issued by the Commission for the Settlement of Labour Disputes in Saudi Arabia and relevant Islamic rules.
Findings
The results of this examination clearly show that there are several flaws in the current approach to dealing with the issue of unfair dismissal of employees. To correct this situation, workable approaches have been suggested for possible consideration and incorporation into the Saudi Labour Law.
Originality/value
To the author’s knowledge, this is the first academic study to analyse the current approach to handling unfair employee dismissal in the Saudi Labour Law.
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Pauline Dibben, Phil James, Ian Cunningham and David Smythe
This paper examines the importance of the “business case” in relation to disability practice. In order to investigate this issue, it draws on an analysis of over 400 top company…
Abstract
This paper examines the importance of the “business case” in relation to disability practice. In order to investigate this issue, it draws on an analysis of over 400 top company annual reports. Findings cast doubt on the notion that organisations are influenced by an explicitly economic rationale, and also indicate the apparent limited influence of notions of social justice. Instead, they point toward the prominence of corporate social responsibility, suggesting that employers might be using the employment of people with disabilities as a subtle way to promote their corporate image.
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It is hard to disentangle the possible reasons for differential rates of training incidence amongst older and younger workers. While older workers are less likely to undergo…
Abstract
Purpose
It is hard to disentangle the possible reasons for differential rates of training incidence amongst older and younger workers. While older workers are less likely to undergo employer‐financed training, many do not take up the opportunity to train. Differences in training incidence are also reflected in the extent to which formal qualifications are associated with individuals from different age groups. The purpose of this paper is to investigate the human capital explanation for these differing experiences and ask whether they can shed light on employers' apparent differential treatment of older and younger employees. In an attempt to highlight the need for additional research in this area before the introduction of legislation in October 2006, the paper proposes considering the issue of mandatory retirement within this human capital framework.
Design/methodology/approach
Through a review of the relevant literature and discussion around a number of cross‐tabulations the paper discusses issues relating to age, education and training within a human capital framework.
Findings
The paper finds that, although human capital theory would seem to provide some explanation for the differential experiences of workers of different ages, when viewed from the employer perspective it is the time that an individual has left at the firm that is of importance, not their age per se.
Practical implications
Recent announcements regarding legislation on mandatory retirement ages may result in the time to retirement no longer being such a straightforward function of an individual's age. In this case “training contracts” could be used to specify the minimum time an individual needs to be employed in order that the employer can reap the returns to investment in their human capital.
Originality/value
The paper reviews issues that are relevant to policymakers, human resource practitioners, employers and employees.
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Pauline Dibben, Phil James and Ian Cunningham
Over the past two decades, two distinct types of action have been taken to address discrimination in the labour market against people with disabilities. First, the introduction of…
Abstract
Over the past two decades, two distinct types of action have been taken to address discrimination in the labour market against people with disabilities. First, the introduction of legislation and, second, the launch of “best practice” initiatives. Analyses company annual reports to test whether these two types of action have acted to increase senior management commitment to tackling the disadvantaged position of disabled workers. Presents findings that cast doubt on the extent to which either of the approaches have served to increase such commitment. Identifies a number of legislative reforms, encompassing the introduction of requirements on the external auditing of disability practices, access to occupational health services and the use of contract compliance, that could be utilised to raise the priority accorded to disability issues by senior managers.
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Diversity management is now a well-established field of research in organisation and management studies. Yet, the majority of the managing diversity studies are based on…
Abstract
Diversity management is now a well-established field of research in organisation and management studies. Yet, the majority of the managing diversity studies are based on quantitative research, whereas some others use qualitative data or case studies in order to explore issues related to diversity management. This chapter is a rare example, which offers an analysis of empirical data by incorporating both qualitative and quantitative methods. As the mainstream diversity management literature engenders a tendency to de-contextualise the diversity management process by isolating it from its socio-economic and organisational settings, overlooking the issues of power which are embedded in organisational processes of diversity management is particularly relevant. But the agency of diversity managers, who are the most visible actors in the process of managing diversity, still continues to be an under-researched area. This chapter acknowledges that diversity managers, whose agency is relational and multi-layered, are important actors in diversity management process, using a Bourdieuan approach in order to understand diversity managers as a professional group through the combined explanatory power of individual, organisational and societal influences.
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For employers, like many members of the general public, mental illness is a scary subject — the more so that they don't know who to turn to if a member of staff starts to show…
Abstract
For employers, like many members of the general public, mental illness is a scary subject — the more so that they don't know who to turn to if a member of staff starts to show signs of abnormal distress. Susan Scott‐Parker argues that if employers are going to be persuaded that it is in the interests of their business to take on people with mental health problems, then mental health professionals and support workers must pay more attention to what employers actually need.
Andrew R.J. Dainty, Stephen G. Ison and David S. Root
Econometric forecasts indicate that the UK construction industry faces a severe skills deficit in the foreseeable future. This paper details the results of a major labour market…
Abstract
Econometric forecasts indicate that the UK construction industry faces a severe skills deficit in the foreseeable future. This paper details the results of a major labour market research projects, which canvassed the opinions of over 50 industry stakeholders within the East Midlands region of the UK. Focus groups were used to elicit the collective opinions of key clients, consultants, contractors, industry bodies and employers of all sizes. The key themes and requirements discussed by the participants are used to develop a conjoined strategy for bridging the industry's skills gap at a regional level. It is argued that this package of mutually supportive measures could provide a transferable strategy for addressing skills deficiencies in other regions, particularly given the espoused government aspiration to devolve labour market planning activities to provincial forums and regional development agencies.
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This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that…
Abstract
Purpose
This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that pre-dispute mandatory employment arbitration expands employee access to justice.
Methodology/approach
It presents data from a novel survey of 1,256 employment plaintiff attorneys and the universe of employment disputes administered by the five largest arbitration providers in the United States.
Findings
I report multiple measures indicating employment lawyers hold negative views of arbitration and that arbitration acts as a barrier to employee access to justice: A majority of attorneys say employment arbitration clauses have a positive impact on their willingness to reject a case for representation and a negative impact on their willingness to accept a client under a contingency-fee arrangement, and report negative perceptions of the fairness of outcomes and the adequacy of due process protections in arbitration relative to litigation. Furthermore, attorneys report accepting potential clients covered by arbitration agreements at half the rate of potential clients able to sue in court. Finally, arbitration and litigation filing statistics reveal no evidence that low-income or low-value claimants or claims are accessing the arbitration forum.
Originality/value
Novel data compiled here illuminate the institutional characteristics of plaintiff-side employment lawyers and the arbitration forum. They question the assertion that arbitration is an accessible dispute resolution forum for employment disputes relative to civil litigation.
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