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.
Unit 201 UNDERSTAND EMPLOYMENT RESPONSIBILITIES AND RIGHTS IN HEALTH, SOCIAL CARE OR CHILDREN AND YOUNG PEOPLES SETTINGS Outcome 1.1 & 1.2 State the purpose of each act and why they are in place. LEGISLATION | SUMMARY OF LEGISLATION | | Unit Ref | Employments Right Act 1996 | Is a place to safe guard your right as an employee with regards to notice given, wages, holidays etc….It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. | | | Equal Pay Act 1970 | The Equal Pay Act 1970 is an Act of the United Kingdom Parliament which prohibits any less favourable treatment between men and women in terms of pay and conditions of employment. | | | Disability Discrimination ActEquality Act 2010 | Disability discrimination acthave passed laws aimed at reducing discrimination against people with disabilities. | | | Health and Safety at Work Act 1974 | It is defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety an welfare within the United Kingdom.
There is also Caldecott standards which govern the sharing of information based on the Data protection Act. Also The Human Rights Act 1998 details the right to a private life The 8 Principles of the Data Protection Act 1998 states the personal data must be : Processed fairly and lawfully Processed only for one or more specified and lawful purpose Adequate, relevant and not excessive for the purpose Accurate and kept up to date Kept for no longer than is necessary Processed in line with the rights of the individual Secure against accidental loss, destruction or damage and against unauthorised / unlawful processing Not transferred to countries outside the European economic area The six main points of the GSCC code of practice states individuals working in health and social care settings must Protect the rights and promote the interests of service users and carers. Strive to establish and maintain the trust and confidence of service users and carers. Promote the independence of service users while protecting them as far
LESSON 1 What it means to have duty of care in ones own work role What it means to have duty of care in ones own work role- Duty of care requires us to exercise a level of care to an individual that avoids any risk or injury to that individual or their belongings In England the law is the law of tort meaning – any wrong doing for which and action for damages may be brought. When we sign a contract we undertake the acceptance for specific rights and duties that we must carry out in our work place. Statutory rules must be followed for example – Disability discriminations, data protection, health and safety. Where a social care setting is concerned we must follow a duty of care to ensure the individual does not come to any harm and a correct service is provided, a breach would arise where a
1.Know the statutory responsibilities and rights of employees and employers within own area of work. 1.1 – List the aspects of employment covered by law. Every aspect of employment is covered by law. Every employee must be given a contract of employment the laws which relate to the conditions of employment are: * Minimum wage * The hours worked by the employee * Discrimination * Health and Safety * Holiday entitlement * Redundancy and dismissal * Training * Disciplinary procedures * Union rights 1.2 – List the main features of current employment legislation The main features of current employment are: * Employment rights * Equality and Diversity * Discrimination * Health and Safety 1.3 – Outline why legislation relating to employment exists Legislation exists in order to stop the exploitation of the workforce. It protects both the employer and the employee by providing rules and regulations which must be adhered to.
On the back of the Human Rights Act came the government white paper Valuing People. This recommended a policy of Person-Centred Planning, where the needs of the individual are constantly reviewed. It focuses on the here and now and the future and takes into account the needs, opinions and concerns of the individual, and incudes the views of significant others, such as friends and family. Under the Equality Act 2010, disability is one of the protected characteristics, thus making it illegal to discriminate against anyone because of their disability. It also makes it a duty of employers to make reasonable adjustments to enable a disabled person to work.
Unit 9 Understanding requirements for handling information in health and social care settings. 1.1 Identify legislation and codes of practice that relate to handling information in Health and Social Care The Data Protection Act 1998 - This Law protects personal privacy and maintains individual's rights, it gives rights to the people that the information is about. Data subjects it puts obligations to the people who hold the information. If you do not abide by this law it is a criminal offence and will be prosecuted. Freedom of Information Act 2000 - Is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities.
The data protection act 1998 sets out several principles governing the use of personal information, these include the following:- • Personal data shall be processed fairly and lawfully • Personal data shall be obtained only for one or more specified and lawful purposes • Personal data shall be adequate, relevant and not excessive • Personal data shall be accurate and, where necessary, kept up to date. • Persona3.l data processed for any purpose or purposes shall not be kept for longer than is necessary • Personal data shall be processed in accordance with the rights of data subjects under this Act • Appropriate technical and organisational measures shall be taken against
Unit 209 Understand how to handle information in social care settings. Outcome 1 Understand the need for secure handling of information in social care settings. 1.1 Identify the legislation that relates to the recording, storage and sharing of information in social care. The Data Protection Act 1998 controls how your personal information is used by organisations, businesses and the government. Everyone responsible for using data or storing data has to follow strict rules called 'Data protection principles' these are as follows: Used fairly and lawfully used for specifically stated purposes kept for no longer than is absolutely necessary kept safe and secure Not transferred outside the UK without adequate protection For more sensitive information such as ethnic background, political opinions, religious beliefs, health, sexual health and criminal records there is stronger legal protection.
Electronic Surveillance of Employees Professor Eric Baime, JD MBA Law, Ethics, and Corporate Governance October 24, 2010 Abstract Employees should expect privacy to complete personal needs. Employers are within their rights to use electronic surveillance to insure a safe and honest working environment. This paper will discuss whether it makes a difference if an employee is in an open area or in an enclosed office. Also, the report will determine the employer’s need to know whether or not an employee is being honest is a sufficient grounds for utilizing an electronic surveillance system. The extent to what an employer can engage in electronic surveillance of employees will be examined.