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What model for regulating employee discipline and grievances most effectively supports the policy objective of partnership at work and enhanced competitiveness?

Hood, Benjamin David (2011) What model for regulating employee discipline and grievances most effectively supports the policy objective of partnership at work and enhanced competitiveness? PhD thesis, The London School of Economics and Political Science (LSE).

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Abstract

This thesis endeavours to answer the following question: is there a viable and workable model for regulating workplace grievances and disciplinary action (EDG), the end objective of which is enhanced business competitiveness by encouraging partnerships at work, or greater levels of organisational commitment behaviour? This thesis argues that the answer to that question may be yes, if the regulation applied can encourage employers to deal with EDG in a way that employees are likely to perceive as fair. This is a challenging objective for law makers. Current regulation of EDG does not and probably cannot achieve the high levels of fairness perception that the partnership model requires. This thesis argues that, in order to rectify this problem, there must be a shift away from formulating employment regulation with a blinkered eye on worker protection, and towards a more sophisticated model which views worker protection against unfair treatment as beneficial in-so-far as it promotes fairness perceptions, and the resulting benefits of a productive and innovative workforce. This recalibration of the regulatory compass calls for a legal framework which allows the parties to formulate a reflexive and self-regulating approach to EDG; a framework according to which the parties will work to prevent and resolve disputes in a manner which accounts for their particular working environment, and the unique circumstances of each dispute or grievance. The new regulatory model that is proposed in this thesis will provide employers with the opportunity to be immune from the tribunals‘ jurisdiction relating to EDG. Immunity will apply where the employer can demonstrate that they have in place and follow certain methods and practices for managing EDG which are likely to lead to fairness at work, and therefore a higher degree of fairness perceptions.

Item Type: Thesis (PhD)
Additional Information: © 2011 David Benjamin Hood
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Supervisor: Collins, Hugh
URI: http://etheses.lse.ac.uk/id/eprint/179

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