Legislation relating to employment exists to protect the best interests of both employer and employee. There are policies and procedures put in place and compied 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 enviroment. 1.4 Identify sources and types of information and advice available in relation to employment responsibilities and available in relation to employment responsibilities and rights.
Unit one: Principles of personal responsibilities and working in a business environment Section 1: Rights and responsibilities at work This section will help you to evidence Learning Outcome 1: Know the employment rights and responsibilities of the employee and employer 1. Identify four main points that would be included in a contract of employment. If possible, use an example contract to support your answer (feel free to obscure any confidential information). Four main points in a standard would be: • Employer’s name whether he is a physical person or a company • Employee’s name so that both parties entering in a contract are named • Job title and maybe a brief description of the responsibilities and duties that the employee must assume • Hours of work whether it is full time, part time or 0 hours contract it still needs to be mentioned. 2a) List three key points of legislation that affect employers in a business environment.
Unit 1: Understanding Employment Responsibilities and Rights in Health, Social Care or Children’s and Young People’s Settings Question 1: Know the statutory responsibilities and rights of employees and employers within own area of work. * Aspects of employment covered by Law: - An employment contract - Health & safety - Training - Redundancy & dismissal - Working hours - Holiday entitlement - Sick leave / Statutory sick pay - Criminal records bureau checks - Anti- discrimination policies such as; age, sex, religion, disability and race * Main features of current employment legislation: - Health & Safety legislation - Employment rights - Equality & discrimination * Legislation relating to employment: * Legislation, relating to employment exists in order to protect employees, to provide rights and restrictions on employees and employers through a legal contract, as well as regulating and setting standards. It safeguards the interests of both the employee and employer. * Sources and types of information and advice in relation to employment responsibilities and rights: - Documentation including; contract of employment, employee handbook, company policies - Internal bodies such as; HR department, line manager, supervisor - External bodies such us; citizens advice bureau, trade unions, community legal advice Question 2: Understand agreed ways of working that protect own relationship with employer * Terms and conditions of employment: The terms and conditions within my own contract of employment explains that the terms described in my contract such as: Probationary period, hours of work, holiday, sickness & absence from work, termination & notice period and training costs, represent the principal terms of the agreement between the parties (myself as the employee
If there is a policy of the employer related to workplace including privacy issues, that policy is legally binding. For instance the employer may communicate that employees may enjoy privacy in certain defined areas of the office. The employee can enjoy privacy in those areas. From a legal perspective employees can reasonably expect privacy in the bathroom and locker room. In such places video monitoring will not be accepted in a court of law.
Vicarious liability can only be imposed if it is proved that the employee was acting “in the course of employment.” This criteria is essential, and requires a clear connection between the employment duties and the employee’s acts complained of. As such, most employer’s will be insured in order to avoid such liability. In addition, in order to establish vicarious liability, it is necessary to show that an employee was employed under a contract of service, or in the case of an independent contractor, a contract for services. English law has also established that an employer can be held vicariously liable for a breach of statutory duty by
It protects both the employer and the employee by providing rules and regulations which must be adhered to. The Human Rights Act, The Disability Discrimination Act and The Data Protection Act also apply. This legislation covers: * Minimum wage * Holiday entitlement * Maximum working hours * Safety standards * Redundancy payments * Age requirements * Maternity leave 1.4 – Identify sources and types of information and advice available in relation to employment responsibilities and rights The sources and advice available can be found through: * Employees contract * Employee handbook * Policy documents * Terms and conditions * Job description * Citizens advice bureau * ACAS 2.Understand agreed ways of working that protect own relationship with employer. 2.1 – Describe the terms and conditions of own contract of employment A contract is between the employer and the employee. My personal contract includes my hourly rate and contracted hours.
This is to protect not only the staff of the organization, but also the organization itself to safeguard against potential litigation matters. The Workplace Health and Safety Act and other relevant legislation aims to provide a framework for a standard of compliance and enforcement. It is an initiative that advocates for the health, safety, and welfare of workers and persons present in a working environment. Areas where action should be taken must be observed in accordance with the Act, as well as ways to identify and manage risks and hazards associated with workplace operations. Where potential hazards are recognized, appropriate action must be taken to remove, reduce, or isolate the possible risk.
Understanding Employment Responsibilities and Rights in Health,Social Care or Children's and Young Peoples Settings Unit 1 1 Know the statutory responsibilities and rights of employees and employers within own area of work. List the aspects of employment covered by law? Aspects covered by employment law are their to protect the employee and the employer and cover: The Minimum wage someone is paid The hours you work- European Working Time Directive Contract of Employment Discrimination against disabilities – The Disability Act Discrimination – Age -sexual orientation – sexuality – colour – religion - Ethnicity Health and Safety Redundancy and unfair dismissal Holiday entitlement Sickness absence and sick pay entitlement Child Labour Data protection Criminal records Bureau Trade Unions List the main features of current employment legislation: The main features of the current employment legislation are Health and Safety, Employment rights, Equality and Discrimination minimum wage and Child Labour Outline why legislation relating to employment exist Legislations, relating to employment, are there to help protect the rights of employee and the employer. They generate recommendations, that have been past in the house of commons to become law, giving rules and regulations that are to be adhered to by both parties. Identify sources and types of information and advice available in relation to employment responsibilities and rights: Your contract of employment will contain information with regards to your responsibilities and rights, terms and conditions of your employment.
Health and Safety – to ensure we are compliant with any local legislation and group policies and procedures. Compliance – to satisfy legislative and regulatory requirements such as equal opportunities, minimum wage, recruitment planning, equal pay, and JFSC category requirements, which include man-power reports and confirmation of licences held. In addition, to protect the organisation from any claims relating to employee discrimination or unfair dismissal claims HR records include a range of data such as:- • Recruitment and Selection • Pay and reward • Training and Development / Qualifications • Absence • Personal records Absence records enable HR to identify patterns of staff absence, and monitor productivity. These records also highlight any potential problems for example “work related stress” patterns which can be used to support appraisal or performance management needs and also back to work interviews. It also allows HR to analyse data and action accordingly.
TORT ESSAY ASSIGNMENT LATEST Critically analysing the law governing an employers liability for injuries caused to his employee at work. INTRODUCTION The law requires that an employer takes reasonable steps to ensure the safety of all employees, and they are obliged to observe a reasonable standard of care. Broadly speaking, employers are required to provide adequate safety information and equipment to their employees, to ensure that the workplace is safe, while providing adequate instructions and competent staff to carry out the duties, and to properly warn employees of any dangers in the workplace. Failure to adequately adhere to their statutory duties may result in an action against an employer. It is well established law that an employer may be held liable for its employees’ breaches of common law obligations and statutory duties where this is expressly stated within the statute.