Jill Earnshaw

Changing Organizational Forms and the Employment Relationship

This paper draws upon new research in the UK into the relationship between changing organizational forms and the reshaping of work in order to consider the changing nature of the employment relationship. The development of more complex organizational forms – such as cross organization networking, partnerships, alliances, use of external agencies for core as well as peripheral activities, multi-employer sites and the blurring of public/private sector divide – has implications for both the legal and the socially constituted nature of the employment relationship. The notion of a clearly defined employer–employee relationship becomes difficult to uphold under conditions where employees are working in project teams or on-site beside employees from other organizations, where responsibilities for performance and for health and safety are not clearly defined, or involve more than one organization. This blurring of the relationship affects not only legal responsibilities, grievance and disciplinary issues and the extent of transparency and equity in employment conditions, but also the definition, constitution and implementation of the employment contract defined in psychological and social terms. Do employees perceive their responsibilities at work to lie with the direct employer or with the wider enterprise or network organization? And do these perceptions affect, for example, how work is managed and carried out and how far learning and incremental knowledge at work is integrated in the development of the production or service process? So far the investigation of both conflicts and complementarities in the workplace have focused primarily on the dynamic interactions between the single employer and that organization’s employees. The development of simultaneously more fragmented and more networked organizational forms raises new issues of how to understand potential conflicts and contradictions around the ‘employer’ dimension to the employment relationship in addition to more widely recognized conflicts located on the employer–employee axis.

Recruitment in Small Firms:: processes, methods and problems

The article summarises findings from recent case study research into recruitment in small firms. The research aims to ascertain whether small firms follow the procedures outlined in the prescriptive literature on recruitment, and to what extent they rely on informal recruitment methods. It finds little evidence of the adoption of the recommended systematic procedures and a high use of “tried and trusted” methods including word‐of‐mouth recruitment and the hiring of “known quantities”. The implications of this are examined. While these methods have certain advantages, they may also give rise to a number of problems. The study argues that the adoption of more formal procedures and methods could reduce staff turnover in small firms and its associated costs. However, it concludes that many small employers would remain unconvinced by the case for opening up recruitment channels, and may find their existing approaches more cost effective in the short term.

Too emotional to be capable? the changing nature of emotion work in definitions of 'capable teaching'

This article uses the concept of emotional labour to understand some of the changes that are ongoing in the teaching profession. While research has explored the impact of the new performance culture upon teachers’ work and identified a marginalisation of the caring and emotional aspects of teaching, the concept of emotional labour allows us to extend this argument. Using interviews with teachers who have had their capability questioned, in the majority of cases through the threat or implementation of capability procedures, this article draws upon newer conceptualisations of emotional labour to analyse some of the changes teachers are experiencing with the introduction of new accountability and performance systems. Utilising Bolton’s typology of different forms of emotion management in the workplace, we argue it is possible to recognise the distinctiveness of the emotion work carried out by teachers and identify why teachers’ emotion work is particularly vulnerable to the educational reforms associated with the standards agenda. We suggest that not only is there a shift away from the caring aspects of teaching, but also the emotional work teachers are expected to perform is becoming increasingly prescribed in ways that mirror the management of emotional labour carried out in the service sector. This is particularly the case in the primary sector where the majority of teachers in the study were working.

Inter-organizational Relations and Employment in a Multi-employer Environment

This study focuses on the employment dimensions of inter-organizational relations, taking as an example a large regional airport. The dense and complex relationships that emerge in a multi-agency setting are highlighted to illustrate the tensions and contradictions that characterize the management of workers in an environment where contracting and recontracting predominate. These findings suggest that there is a need, on the one hand, to include inter-organizational relations in the study of the employment relationship and, on the other hand, to reinsert employment issues into the analysis of inter-organizational contracting and partnerships.

Unfair dismissal cases, disciplinary procedures, recruitment methods and management style

Summarises some findings from recent empirical research into the factors influencing the incidence of claims of unfair dismissal to industrial tribunals. Using a paired comparison case study method it focuses, primarily, on small businesses and small establishments, seeking to explore significant variations. These include the presence or absence of written disciplinary procedures, their mode of operation, content and meaning, and management style and consistency. Qualitative insights include the prevalence of informal first approaches to perceived employee shortcomings and the influence of overall employee assessment in selective disciplinary action. Contrary to earlier research in small businesses it finds little principled management opposition or resentment to the introduction of written disciplinary procedures, with managers highlighting the assistance they give to them when taking disciplinary action.

Remedying Sexual Harassment via Industrial Tribunal Claims

Though surveys of sexual harassment at work have consistently shown it to be a widespread and under‐reported problem, there has been little research directed at investigating the appropriateness of seeking a solution to it via claims to industrial tribunals under the Sex Discrimination Act. Based on research which aimed to explore, through interviews and questionnaires, the motives of those who had brought such legal proceedings and their experiences before, during and subsequent to the tribunal hearing, the findings cast doubt on the suitability of tribunal remedies and highlight the devastating long‐term psychological effects of sexual harassment on the victims. Overall the research suggests that remedying sexual harassment via tribunal claims can never be more than a second‐best solution. Concludes that prevention is better than cure and places the onus on management to take effective action against harassment.

The provision of occupational pensions in the 1990s

Assesses the occupational pension scheme, as it has evolved in the UK, from the perspective of the providing employer. Analyses a variety of objectives that employers may have when sponsoring an occupational scheme and details the results of a survey of 66 private sector organizations which establishes which of these objectives are seen as being most significant. The survey indicates that the primary purpose of a pension scheme is the retention of staff but that there are also a number of significant secondary objectives. Goes on to assess how successful a pension scheme may be in achieving these objectives in the light of recent legal developments. Concludes that their effect has been to raise the cost of pension provision and to undermine the ability of employers to meet their stated objectives through the operation of occupational schemes.

Should employers worry? ‐ Workplace stress claims following the John Walker decision

In 1995 a social worker employed by Northumberland County Council won a landmark victory in the High Court by suing his employer in respect of a stress‐related illness brought about by work overload. Media coverage at the time predicted the opening of the floodgates to large numbers of such legal actions, but no such legal judgments have followed. Attempts to ascertain the reason, based on a survey and follow‐up interviews of personal injury solicitors. Finds that employees faced considerable barriers to bringing personal injury claims based on psychiatric harm. However, the research also reveals that being involved in this type of litigation was a problem for employers and that some claims have been settled out of court. Concludes that regardless of legal actions, there are good reasons why employers should take seriously the issue of workplace stress.

Policies, Practices and Attitudes towards Sexual Harassment in UK Organisations

A survey carried out to determine British management’s attitudes to sexual harassment in the workplace is presented. Definitions of sexual harassment and the extent to which legal recommendations are recognised and adopted are outlined. The survey also investigates whether and, if so, what preventive action is being taken and the manner in which complaints of sexual harassment are being handled.

POLICIES, PRACTICES AND ATTITUDES TOWARDS SEXUAL HARASSMENT IN UK ORGANISATIONS

A survey carried out by questionnaire of 110 UK organisations to determine management′s attitudes to sexual harassment in the workplace ‐definitions of sexual harassment and the extent to which legal recommendations are recognised and adopted are outlined. The survey also investigates whether and, if so, what preventive action is being taken and the manner in which complaints of sexual harassment are being handled.