HR principles (Research Paper Sample)

HR PRINCIPLES AND PRACTICES
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HR PRINCIPLES AND PRACTICES  PAGEREF _Toc377053141 \h
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Task 1  PAGEREF _Toc377053142 \h
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Informal resolution  PAGEREF _Toc377053143 \h
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Investigation  PAGEREF _Toc377053144 \h
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First Warning/Caution  PAGEREF _Toc377053145 \h
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Appeals  PAGEREF _Toc377053146 \h
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Diversity and Equality  PAGEREF _Toc377053147 \h
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Confidentiality  PAGEREF _Toc377053148 \h
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Suspension  PAGEREF _Toc377053149 \h
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Decision Making Leave  PAGEREF _Toc377053150 \h
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Mediation  PAGEREF _Toc377053151 \h
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Termination  PAGEREF _Toc377053152 \h
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Task 2: HR Practices Guiding Approaches to Dismissal  PAGEREF _Toc377053153 \h
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Contractual agreement  PAGEREF _Toc377053154 \h
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Redundancy dismissal  PAGEREF _Toc377053155 \h
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Valid Exceptions  PAGEREF _Toc377053156 \h
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Notice  PAGEREF _Toc377053157 \h
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Mental Distress  PAGEREF _Toc377053158 \h
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Alternative Course of action  PAGEREF _Toc377053159 \h
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Exit interview  PAGEREF _Toc377053160 \h
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Reference List  PAGEREF _Toc377053161 \h
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HR PRINCIPLES AND PRACTICES
Task 1
Employers are obliged to observe formal procedures when handling grievance and disciplinary cases within the workplace. Employers undertake this measure by strictly following HR principles and standards designed to help in handling issues related to disciplinary matters. For many years, there was the need to adopt procedures to guide the process of using reasonable principles and practices. This was necessary to avoid situations where workers were dismissed unfairly based on work-related issues (Katz, & Flynn, 2013, p. 394). Failure to follow certain principles and guidelines resulted in unfair dismissal of employees. For this reason, certain HR principles have been stipulated in different codes of practice and conduct to guide employers on ways to resolve the grievance and disciplinary cases within the workplace. These principles facilitate the process of administering and managing disciplinary issues. The principles also provide the procedural framework for undertaking organizational justice.
The following HR principles and good practices apply when handling disciplinary issues and related aspects.
Informal resolution
HR supervisors and managers must be ready to take measures aimed at addressing behavioral and conduct issues as early as possible. Appropriate action should also be taken in order to resolve the disciplinary issues by following a formal procedure.
Investigation
It is vital to undertake an investigation before deciding to impose any disciplinary action. The HR manager has the authority to hear the results of the investigation. Investigation also enables managers to examine the validity of the disciplinary allegations brought against the employee. The manager or the supervisor must explain the reasons for the case of the disciplinary action.
First Warning/Caution
The first case of indiscipline among employers will not be enough to warrant dismissal. A warning should be issued to act as a notification to prevent employees from repeating similar mistakes in the future. Caution/warning can be issued verbally or in written form (Katz, & Flynn, 2013, p. 397). A verbal caution acts a first step in the implementation of a progressive disciplinary policy. This alerts the employee concerning the existence of a cause of disciplinary behavior. On the other hand, a verbal warning is documented and stored in the employee’s personal records. Finally, a written warning is exceedingly serious and is served to inform the employee of the unacceptable behavior.
Appeals
Employees affected by the disciplinary action should be given the right to appeal against warnings or cautions level against them (McFadden, & Ross, 2004, p. 30). The director of HR issues should be given the responsibility to review the appeal based on the terms of the appeal. The director’s decision regarding the appeal shall be final.
Diversity and Equality
Giving a chance to the affected employees shows a case of fair treatment during the disciplinary action. It also enables the affected employees to provide relevant alternative information regarding any diversity or equality issues related to the disciplinary case. The affected employee is given a chance to present witnesses or raise any relevant issues that might help him/her to win the disciplinary case. The HR manager or any other responsible authority must not be biased during the exercise. A balance of probabilities should be reached when hearing allegations for the disciplinary case. Fairness and transparency are achieved by applying the procedures and rules for handling disciplinary and grievance situations (ACAS, 2009, p. 3).
Confidentiality
Confidentiality is an indispensable HR principle during the implementation of disciplinary action. The concerned parties should try to make all efforts to ensure that all disciplinary procedures remain private and confidential within and outside the organization.
Suspension
Suspension is a critical HR principle that improves discipline among employees. If employees are found guilty of the crimes leveled against them, then it becomes appropriate, the employee must be suspended. Suspension is an essential disciplinary action and should not be taken as a punishment. In many cases, suspension is necessary because it enables an employer to collect all the necessary facts before taking any disciplinary action. Investigative activities often take several days to complete and during this time, the affected employees or employer should not be allowed to continue with work. The timescale for the suspension varies depending on the complexities surrounding the given circumstance. For this reason, suspension becomes necessary to facilitate investigation or implement progressive disciplinary action.
Decision Making Leave
An employee facing disciplinary action must be given time (usually after the suspension period is over) to enable him/her to reflect on disciplinary case. A decision making leave is also vital because it gives the employee enough time to make decisions regarding the continuation of his/her services with the company. A decision to return after the disciplinary leave is over means that the employee has agreed to improve his activities with the company.
Mediation
In certain situations, it becomes essential to use a third party to help to resolve the disciplinary issue. Mediation entails a voluntary process whereby the mediator helps the parties in the dispute to resolve their differences. The mediator is not allowed to enforce agreements, but rather the parties involved in the dispute are required to make the agreement (ACAS, 2009, p. 1). Equally, the work of the mediator is not to pass judgment but rather s/he is responsible for telling the involved parties what they are supposed to do. Simply put, the mediator is responsible for guiding the disciplinary process, but s/he is not concerned about the outcome of the process (ACAS, 2009, p. 1). Many mediators are often accredited individuals who have passed the required professional qualifications.
Termination
This represents a serious disciplinary action in HRM. Termination is usually undertaken if the company considers the employee’s behavioral conduct as inappropriate depending on HRM guidelines for the company. However, termination is not undertaken immediately. Employers decide to terminate a worker’s contract if other disciplinary actions have failed to deliver the required objectives. The company has an upper hand in deciding the type of disciplinary action to be undertaken in any given situation.
Task 2: HR Practices Guiding Approaches to Dismissal
Dismissing an employee can be extremely risky despite evidence of incompetence in the employee(s). The process becomes risky and costly especially if it is done in the wrong manner and for the wrong reasons. Dismissal can lead to a costly legal battle between the employer and the employee resulting to payment of damages if the employer loses the case. Best practices for human resource management can therefore be used a guide by employers whenever they intend to fire or dismiss an employee (Chandler, 2010, p. 30).
Contractual agreement
Before hiring, an employer gets into a contract with an employee. The contract document spells out the obligations of an employee to the employer. This means that the employer expects the employee to perform particular roles and yield particular results in return for the employer’s benefits. Therefore, if the employee fails to perform the obligations stipulated in the contract, there is a breach of contract. An employer can therefore have a legal right to end the contract because of the evidence of breach. The document also limits the ability of an employer to fire or discipline an employee. It gives provisions for job security, employment for a fixed p...