‘The employment relations legislation measures introduced since 1997 have served to significantly constrain managerial prerogative’. Critically evaluate this statement.

Assignment Brief

In order to pass this module you have to achieve a mark of 50 per cent. The module is assessed through an individual essay of 3,500 words.

In accordance with the Postgraduate Regulations students will be given one opportunity only to resubmit/retake a failed element of assessment. Failure at the second attempt constitutes failure to achieve the award of MA/Postgraduate Diploma in the Management of Human Resources.

Should you need to resubmit a failed assignment you are strongly advised to seek advice from the module tutor as to how to improve on the original failed piece of work.

Assignments are expected to be submitted by the deadline that has been set. In exceptional circumstances you may request an extension to a deadline or a deferral of the submission of work. Please refer to the Programme Handbook for information about the circumstances in which you can request an extension or deferral and the procedure for doing so.

Assignment : Individual Essay (3,500 words)

Choose ONE of the following essay questions. Your essay should be typed in Arial font, size 11 or 12. It must be properly referenced, i.e. sources of quotes from and citations of published work must be indicated clearly in the text of your essay and full details of all references must be included in an alphabetical list of references at the end of the essay. Failure to reference your sources properly will be penalised. If you are in any doubt about how to reference your work, consult the referencing guide on the Blackboard site for the programme (click on the study skills button). If you are still in doubt, ask the module leader.

Essay questions:

1. ‘The employment relations legislation measures introduced since 1997 have served to significantly constrain managerial prerogative’.  Critically evaluate this statement.
2. Who wins from flexible working practices – employers or employees?
3. Can non-union systems of employee representation provide workers with an effective voice at work?
4. Is Britain’s membership of the EU good or bad for British workers?

Sample Answer

Who Wins from Flexible Working Practices – Employers or Employees?

Introduction

Flexible working has become increasingly common in recent years, especially after the COVID-19 pandemic, which forced many businesses to adopt new working patterns. Flexible working can include part-time work, remote work, flexi-time, job-sharing, and compressed hours. This essay aims to explore who benefits more from flexible working practices, employers or employees. By critically analysing the advantages and disadvantages for both sides, supported by relevant theories and examples, we will determine whether flexible working mostly supports businesses or if it truly empowers employees.

What is Flexible Working?

According to ACAS (2020), flexible working refers to “a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home.” The UK’s Flexible Working Regulations (2003) give employees the legal right to request flexible working after 26 weeks of service. Employers must handle these requests in a "reasonable manner."

There are different types of flexible working:

• Remote working (working from home)

• Flexi-time (choosing work hours around a core time)

• Job-sharing (two people sharing one full-time job)

• Compressed hours (working the same hours over fewer days)

Benefits for Employers

From a managerial perspective, flexible working can lead to:

1. Improved Productivity: Many employers report increased performance when workers are trusted to manage their time (Bloom et al., 2015). Employees feel more responsible and motivated.

2. Cost Savings: Less need for office space and facilities, especially with remote work (CIPD, 2021).

3. Better Talent Attraction and Retention: Offering flexible working attracts more skilled candidates, especially working parents and people with disabilities.

4. Reduced Absenteeism: When employees have control over their work schedules, they are less likely to take sick days (Kelliher and Anderson, 2010).

5. Enhanced Employer Brand: Companies seen as progressive and employee-friendly can gain reputational benefits.

However, there are challenges:

• Managing teams remotely can be hard.

• Some employers fear a loss of control and reduced team cohesion.

• Measuring performance can become tricky.

Benefits for Employees

Employees also benefit significantly from flexible working:

1. Work-Life Balance: Employees with caring responsibilities or long commutes gain freedom to manage their time better (Hill et al., 2008).

2. Job Satisfaction: Autonomy increases morale, which can lead to lower stress and better mental health (Felstead and Henseke, 2017).

3. Increased Participation: Flexible working opens opportunities for marginalised groups such as disabled workers, carers, or older employees.

4. Reduced Commuting Costs: Remote workers save money and time on daily travel.

But employees may also face downsides:

• Work-Life Blur: When working from home, it can be hard to switch off from work (Chung et al., 2020).

• Isolation: Lack of social interaction can affect mental health.

• Career Disadvantages: Some flexible workers fear being “out of sight, out of mind” for promotions (CIPD, 2022).

The Balance of Power: Who Gains More?

While both sides benefit, the balance often tips depending on how flexible working is implemented. Employers have the power to approve or deny flexible working requests, and thus the real winner can be shaped by organisational culture.

Employers Win When:

• They use flexibility to cut costs.

• Workers feel pressure to be “always online.”

• Flexibility increases control over labour supply (e.g., zero-hour contracts).

Employees Win When:

• Flexible work is genuinely choice-based and not forced.

• They can maintain work-life boundaries.

• Their input is valued and respected.

A Real Example:

At PwC UK, flexible working is part of its "everyday flexibility" policy. Staff can work remotely and manage their own hours, leading to better retention and productivity. This shows how flexible working can be mutually beneficial when trust exists.

Continued...