The Impact of Enterprise Size on Employment Tribunal Incidence and Outcomes: Evidence from Britain

Employment Tribunals are the formal means of adjudicating disputes over individual employment rights in the UK. This article hypothesizes that, because small firms favour informality over formality, they are more likely (i) to experience employee claims than large firms; (ii) to be subject to different types of claims; (iii) to settle prior to reaching a formal Tribunal; and (iv) to lose at a Tribunal. Data from the 2003 Survey of Employment Tribunal Applications are used to examine these hypotheses. They are generally supported, although in relation to the third there was no size effect. Furthermore, our results show that firms that have procedures and follow them are more likely to win than those firms that do not have any procedures. Recognizing the benefits of informality, while also ensuring that small firms follow proper standards of procedural fairness, is a policy dilemma that has yet to be resolved.     

Accompaniment,Workplace Representation and Disciplinary Outcomes in British Workplaces — Just a Formality?

The Workplace Employment Relations Survey 2004 provides data that, for the first time, measure the extent to which workforce representation is part and parcel of grievance and disciplinary processes in British workplaces. This article explores the impact of the introduction of the statutory right to accompaniment at grievance and disciplinary hearings on rates of disciplinary sanctions, dismissals and employment tribunal applications. It concludes that there is little evidence to suggest that either the right to accompaniment or the operation of formal grievance and disciplinary procedures moderates disciplinary outcomes. Instead, it argues that trade union and employee representatives may be influential in facilitating the resolution of workplace disputes.     

Initial Responses to the Statutory Recognition Provisions of the Employment Relations Act 1999

We report how trade unions and employers initially reacted to the introduction of the statutory recognition procedure in the Employment Relations Act 1999 (ERA). Interview data indicate that the ERA and the drift of EU influence have acted to shift employer attitudes towards greater approval of unions and have accelerated the rate at which employers are redesigning their relationships with unions. Although they are restricting unions’ influence over traditional issues such as pay‐setting, employers are increasingly seeking their assistance in implementing organizational changes. We explore the impact of these developments on union activity and on collective representation more broadly.     

Wages Councils: Was There a Case for Abolition?

The 1993 Trade Union Reform and Employment Rights Act removed the remaining minimum wage protection for some 2.5 million low paid workers by abolishing the last 26 UK Wages Councils. The Government's case for abolition rested on three key arguments: (1) minimum wages do little to alleviate poverty since most covered workers do not live in poor households; (2) when in operation, minimum wages reduced employment in covered industries; (3) the problems of poverty that the wages councils were set up to deal with in 1909 are not relevant in today's labour market. In this paper we address each of these points in turn. We find that: (a) 50 per cent of families with at least one earner being paid wages council rates come from the poorest 20 per cent of families; (b) the existing evidence suggests that abolishing the Wages Councils is unlikely to create jobs; (c) the widening earnings distribution in the UK means that low pay is an increasingly important determinant of poverty. If anything, there appears to be an increasing need for minimum wage legislation in the UK.     

Employment,technology and industrial relations in the UK clearing banks: is the honeymoon over?

Employment in UK retail banking has begun to decline as all the major institutions shed workers. Technological, organizational and market-driven reasons for the job losses in the major clearing banks are discussed. Irrevocable long-term changes in employers' industrial relations and human resource strategies are identified as necessary accompaniments to pushing the current retrenchment through in the context of a developing general crisis in employment relations.     

The Internet,employment and Polish migrant workers: communication,activism and competition in the new organisational spaces

This article discusses the content of Polish community–administered websites and trade union engagement. It is based on three sources of data, firstly, semi‐structured interviews with Polish web administrators and trade union officers in the north of England. Secondly, audits of the location of Polish administered UK websites undertaken in April 2007 and 2008. Lastly, an in‐depth thematic questionnaire was undertaken of websites in November 2008. The key findings are that the Internet is an increasingly systematic feature of new migrant politics and representation. Further the trade union movement is not ‘at odds’ with independent and virtual forms of communication and representation. It does pose questions of how to combine and coordinate these and create a more meaningful and sustainable dialogue based on a politics of empowerment.     

Equal Employment Opportunity and the "Managerial Woman" in Japan

Over the past three decades, women have represented an increasing proportion of newly employed four-year college graduates, in Japan. We analyze the determinants of female representation among these new recruits in terms of the supply of female four-year college graduates, the desire of Japanese women to participate in the paid labor force, shortages of male four-year college graduates, and the impact of the Equal Employment Opportunity Law (EEOL) that went into effect in April 1986. Multivariate regression analysis reveals that the supply of female four-year college graduates and the EEOL account for the rising proportion of women among university-educated recruits into the paid labor force. We go on to explore the enhanced, but still limited, career opportunities that have opened up to Japanese women under the EEOL, and we relate their progress to the recent debate over the use of the "mommy track" in managerial hierarchies in the United States.     

Discipline, Dismissals and Complaints to Employment Tribunals

Using the 1998 Workplace Employee Relations Survey, we investigate the rates of disciplinary sanctions and dismissals, and the incidence of unfair dismissal complaints to employment tribunals in the UK. Workplace rates of disciplinary sanctions and dismissals vary with age, gender, ethnic and occupational work‐force composition and workplace size, and, notably, are lower where trade union density is higher. Workplace practices reflecting a high-commitment management style have limited impact on all three of our dependent variables, while the existence of formal discipline and dismissal procedures exerts no influence on whether any unfair dismissal claims are brought at the workplace.     

Unions and Employment Growth

Employment grows about 4 percentage points per year more slowly in union than in nonunion plants. This first examination of union employment effects at the plant level suggests that unionized plants face substantial competitive pressure. As much as 61 percent of the decline in the present unionized may be accounted for by slower employment growth in union plants     

A Quarter Century of Workplace Employment Relations Surveys

The 2004 Workplace Employment Relations Survey (WERS 2004) is the fifth in a series that spans almost a quarter of a century. This paper reflects on the history of this series, examines some of its key limitations and speculates on what future directions it might take.     

Employment Rules in German Theatres: An Application and Evaluation of the Theory of Employment Systems

This paper applies David Marsden's Theory of Employment Systems to employment relations in German non‐profit repertory theatres. Constraints in applying Marsden's framework to theatres are taken as a starting point for a reconsideration of its underpinning assumptions. I show that this approach (i) helps us to understand the institutional embeddedness of theatrical employment and (ii) enables a closer look at the strengths and weaknesses of Marsden's theory. Since Marsden supports the idea that the open‐ended employment relationship will persist and will remain prevalent, challenging his theory can contribute to our understanding of ‘new’ forms of employment.     

Regulating the European Labour Market: Prospects and Limitations of a Reflexive Governance Approach

This article reviews developments in European Union employment policy from the perspective of reflexive governance. Reflexive governance instruments have a procedural orientation and provide a structural framework or steering mechanism to facilitate a process of self‐regulation. Recent developments in relation to the Employment Framework Directive, the European Employment Strategy and the Working Time Directive highlight some of the prospects and limitations of this reflexive approach to regulating employment relations and the potential impact on the UK labour market. These developments indicate that the hopes invested in the reflexive approach remain to be fulfilled.     

Employment and Local Public Sector Unions

This study examines the longitudinal effects of unionization on employment levels in 13, 749 departments of city and county government with unchanged union status between 1977 and 1982. The resluts demonstrate that, holding constant 1977 employment per capita, 1982 employment pr capita is 3.1 per cent higher in departments with bargaining units, compared to nonunion department. Employment levels in departments with nonbargaining associations are equal to nonunion levels, but associations may increase employment relative to levels employers would choose because they also set compensation above nonunion levels. The political context of local public sector employment is probably responsible for these effects.     

Look Who's Talking: Sources of Variation in Information Disclosure in the UK

The article examines the correlates of variable levels of information disclosure by management to employees in the UK. It develops several hypotheses that are tested using 1998 and 2004 Workplace Employment Relations Survey data. The results show that managerial perceptions of goal alignment by employees and the existence of direct participation mechanisms are positively associated with disclosure at both dates. The size of the workplace has a generally negative relationship at both dates, but less so in 2004 than in 1998. Other variables such as financial distress and the presence of trade unions and joint consultation have more complicated relationships over the two time periods. The article discusses theoretical and policy implications of the findings.     

Reasonableness and Section 4 of the Employment Act 1980

This article explains the origins of s.4 of the Employment Act 1980 and assesses the place of this provision in the corpus of labour legislation enacted by the Conservative government since 1980. Its principal aim is to concentrate upon the concept of reasonableness which is central to the operation of the provision and to evaluate critically the role of the EAT and the industrial tribunals in interpreting it. Finally, the article seeks to assess the impact of the tribunaľs interpretation of s.4 on union admission and expulsion procedures.     

Increasing firm value through detection and prevention of white‐collar crime

White‐collar crime can cost a company from 1 percent to 6 percent of annual sales, yet little is known about the organizational conditions that can reduce this cost. Previous governance research has examined the link between block holders, boards of directors, or CEO compensation and fraud. In this study, these traditional measures of governance are found to have little impact. Instead, operational governance, including clarity of policies and procedures, formal cross‐company communication, and performance‐based pay for the board and for more employees, significantly reduces the likelihood of a crime commission. Copyright © 2003 John Wiley & Sons, Ltd.     

Who Cares about Skills? The Impact and Limits of Statutory Regulation on Qualifications and Skills in Social Care

This article examines the impact of statutory regulation on qualifications and skills in the social care sector in the UK. It draws on various sources and a set of case studies, first carried out in 2003 and replicated in 2008. The analysis shows that the advent of the statutory regime has had a positive effect on the volume of training and qualifications in the sector. However, few organizations have combined training with a broader set of human resource management practices of the kind required for the establishment of a high‐performance work system. This constitutes one of the continuing limits to further skill development. Changes in the regulatory regime risk losing benefits that have been gained.     

Atypical Work and Employment Continuity

Atypical employment arrangements have long been criticized as offering more precarious and unstable work than regular employment. Using data from the Contingent and Alternative Employment Arrangement Supplement and the National Longitudinal Survey of Youth, 1979 Cohort, we determine whether workers who take such jobs rather than regular employment, or the alternative of continued job search, experience greater or lesser employment continuity. Controlling for unobserved individual heterogeneity, the advantage of regular work over atypical work and atypical work over continued joblessness dissipates.     

Twin Tracks—Employee Representation at Eurotunnel Revisited

The introduction of the European Directive on Information and Consultation and the recent implementation of the Information and Consultation of Employees (ICE) Regulations into United Kingdom (UK) law have increased the focus on workplace representation arrangements. This paper examines the interplay between nonunion and union representative arrangements at Eurotunnel (UK) and assesses their effectiveness in representing the needs of employees over a 5‐year period. Importantly, the paper also examines the opportunities and challenges of both nonunion representation (NER) and union voice arrangements. The findings show that the effectiveness of nonunion structures as bodies representing the interests of employees in filling the lack of representation is questionable. However, union recognition through an employer–union partnership agreement has also raised important issues regarding the effectiveness, impact, and legitimacy of unions at Eurotunnel. The main implication of this research is that the existence of a mechanism—union or nonunion—for communication between management and employees at the workplace may not be a sufficient condition for effective representation of employee interests. In addition, while trade unions may provide greater voice than nonunion arrangements (thus the reluctance of management to accept such voice arrangements), the strength of voice is dependent on the legitimacy and effectiveness of trade unions in representing employees’ interests at the workplace. And that in turn depends on the union being perceived by the workforce as both representative and able to act independently. If the union cannot, it will not meet the needs of either employees or management—and could run the risk of being supplanted under the provisions of the new EU Directive on Information and Consultation with tougher requirements for compliance in terms of procedures for consultation and information disclosure.     

Transnational Collective Agreements and the Development of New Spaces for Union Action: The Formal and Informal Uses of International and European Framework Agreements in the UK

Transnational collective agreements (TCAs) are an important development in the international dimension of industrial relations. This article compares four case studies of multinational companies in the UK covered by TCAs. Findings show that while the formal influence of TCAs was limited, they were invoked around particular disputes and could strengthen union influence in a context otherwise characterized by limited union rights. Such influence depended on the co‐ordination of workplace‐ and firm‐level industrial relations institutions, union access to management at headquarters level and union receptiveness to and outward engagement with transnational activity. The formal but also the informal dimensions of these dynamics played a significant role.