The ADA recognizes and protects the civil rights of people with disabilities and is modeled after earlier landmark laws prohibiting discrimination on the basis of race and gender. The ADA covers a wide range of disability, from physical conditions affecting mobility, stamina, sight, hearing, and speech to conditions such as emotional illness and learning disorders. The two specific ones I that ADA addresses is the access to the workplace (title I) and miscellaneous instructions to Federal agencies that enforce the law (title V). Title I prohibits employers, including counties, cities, towns and other local governments, from discriminating against qualified job applicants and workers who are or who may become disabled. The law covers all aspects of employment including the application process and hiring, training, compensation, advancement, and any other employment term, condition/ privileges.
There are policies and procedures put in place and complied with in order to protect the rights. Where an employee finds that is not complied with the employer is liable. There also exist to ensure a more cost efficient and safer working environment. 1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights. Source of and types of information and advice available may be; 1.
1.1 List the aspects of employment covered by law. The aspects of employment covered by law are as follows: • Health and Safety at work Act 1974 - This act is to ensure that the employer has things in place to protect their employees from any risk or dangers which may occur in the work place. The employee on the other hand has to ensure they that they avoid taking any unnecessary risks by using protective clothing or equipment provided for the job and also follow instructions and guidelines as well as any training given • The Equality Act 2010: This act provides a legal/legislative framework to protect the rights of an individual. It replaces previous anti-discrimination laws by a single act. • The Disability Discrimination Act: This Act is to protect people with a disability and ensure that they aren’t discriminated against because of their disability.
Mental Capacity Act 2005 – set out the assumption that an individual has the mental capacity to make decisions for themselves unless it can be proved otherwise. Protected individuals without the capacity to make their own decisions through clear guidelines for those who are making decisions for them. Criminalised the neglect or ill treatment of an individual who lacks the capacity to make decisions for themselves. Equality Act 2010 – protects the rights of all individuals and promotes equality for everyone with a right to be treated the same regardless of race, age, gender, disability. 2.1 Explain what is meant by ‘learning disability’ “A learning disability is a reduced intellectual ability and difficulty with everyday activities – for example household tasks, socialising or managing money – which affects someone for their whole life” www.mencap.org.uk 2.2 Give examples of causes of learning disabilities
Understanding Employment Rights & Responsibilities in Health, Social Care or Children's & Young People's Settings 1.1Aspects of employment covered by law are: Anti-discrimination against age/gender/race/religion/disability Working hours and holiday entitlements Sick leave and sick pay Data protection Health and Safety Criminal records bureau (CRB) checks, combined with the Independent Safeguarding Authority (ISA) now known as the Vetting & Barring Scheme. 1.2Main features of current employment legislation are: Employment rights Equalities and discrimination Health and safety 1.3Legislation for employment exists to protect the rights of both the employer and employee at work, and explains the responsibilities for both. 1.4Sources of information and advice available in relation to employment responsibilities & rights can be obtained from: HR DEPTARTMENTS within the company concerning my contract & responsibilities CITIZEN ADVICE BUREAU for employers/employees will provide advice and information on work related issues COMMUNITY LEGAL ADVICE for if a dispute occurs and becomes a legal issue – i.e. employment tribunal TRADE UNIONS & other representative bodies will support me with a work related issue concerning my employer and will help me to protect my rights as an employee 2.1Terms & conditions of my contract of employment states details for when wages are paid, rate of pay I am on and how my wages are paid. It tells me my hours of work expected each week, what days off I am entitled to and holiday entitlements.
Task 1 Health and Safety At Work Act 1974 - Under this Act it is your employer’s duty to make sure that you are protected from any risks and dangers which could occur in your workplace. As an employee, you must avoid taking any unnecessary risks, use any protective equipment or clothing that you are provided with and follow any training or instructions you are given. Equality Act 2010- This act has provided a legislative framework to protect the rights of an individual. This act replaces previous anti-discrimination laws with a single act. The Disability Discrimination Act -2005-This Act aims to end the discrimination that many disabled people face.
1.3 Outline why legislation relating to employment exists. 1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights. 1.1 Some aspects covered by employment law include Anti-discrimination(Harassment and discrimination) This means treating someone worse than you would to another person for a reason. The Equality Act 2010 makes its your right not to be harassed or discriminated against. Discrimination can be direct or indirect, verbal abuse and unwanted physical contact.
Unit 1: Understanding Employment Responsibilities and Rights in Health & Social Care 1. Statutory responsibilities and rights of employees and employers within own area of work 1.1 The aspects of employment covered by law are: * Anti-discrimination provisions (e.g. gender, race, disability, religion, age ) * Working hours and holiday entitlements * Sickness absence and sick pay * Data protection * Health and safety * CRB checks * Redundancy and dismissal * Training * Disciplinary procedures 1.2 The main features of current employment legislation are: * Employment Rights * Equalities * Discrimination Law * Health and Safety 1.3 Legislation relating to employment exists to protect the rights of employers and employees by providing rules and regulations that must be followed. 1.4 Information and advice in relation to employment responsibilities and rights could be sourced from; employers human resources, line manager, citizens advice or ACAS (Advisory, conciliation and Arbitration Service) , community legal advice, access to work, additional learning support or trade unions and representative bodies. 2.
CT257- Understand Employment Responsibilities and Rights In The Health, Social Care Or Children And Young People Settings 1.1- List The Aspects of Employment Covered By Law Employment law cover aspects like discrimination within the workplace, ensuring that employees or employers cannot be discriminated against due to their race, age, gender, sexual orientation or any protected characteristic. Other aspects include: * Minimum wage * Hours worked * Health and safety * Holiday entitlements * Redundancy and Dismissal * Training * Disciplinary Procedures * Union Rights 1.2- List The Main Features Of Current Employment Legislation * Employment Rights * Equality and Discrimination * Health and Safety 1.3- Outline Why Legislation Relating To Employment Exists It exists to protect the rights of employers and employees by providing rules and regulations that must be followed. Everything in a job has legislation or a policy for it. The main things are: * Contracted Hours * Paid holidays * Safety Protection * Legal Age For Employment 1.4- Identify Sources And Types Of Information And Advice Available To Relation To Employment Responsibilities And Rights Sources Include: * Contract * Handbook * Policy Documents * Terms And Conditions * Statement Of Purpose * Job Description * Internet Sites * Books/Brochures 2.1- Describe The Terms And Conditions Of Own Contract Of Employment The terms and conditions of own contract of employment relates to a piece of legislation called “The Employment Rights Act 1996”. Own contract tells you the hours you work and any planned overtime.