Although citizens must by law follow the law does not necessarily mean that the citizen’s belief system supports the legal system. It is the very laws that are established that preserve their
It is necessary to have a working knowledge of the legislation involved in business to ensure that the laws protecting consumers, suppliers & workers are implemented and complied by. Businesses are required to provide quality products & services in compliance with the law. Complete understanding and strict implementation of governing legislation will ensure that businesses are not at threat of prosecution and potential business closure, due to unforseen & unfortunate circumstances. Construct appropriate research to explain what duty of care means and how it applies in the workplace. To have a duty of care is to have a legal duty to take reasonable care to ensure the safety of others associated with the business or project.
A Code of Practice or sometimes known as Code of Conduct, is one which has been set by an employer, to ensure the correct behaviour of employees and that company procedures are followed. This will usually list numerous items of do’s and don’ts within your working environment. Within my previous training role, I was involved with employee risk assessments, manual handling, as well as data protection. Data Protection Act 1998 – is an act of Parliament which defines UK law on the processing of data on identifiable living people. This is the main piece of legislation which governs the protection of personal data.
What the law requires here is what good management and common sense would lead employers to do anyway that is, to look at what the risks are and take sensible measures to tackle them. The Health and Safety Executive is responsible for enforcing health and safety at work. The Management of Health and Safety at Work Regulations 1999 (the Management Regulations) generally make more explicit what employers are required to do to manage health and safety under the Health and Safety at Work Act. Like the Act, they apply to every work activity. The main requirement on employers is to carry out a risk assessment.
A core principle of the United Kingdom’s (UK) unwritten constitution is the doctrine of parliamentary sovereignty - described by British constitutional scholar Albert Venn Dicey as the ‘keystone of the law of the constitution’ . Dicey defines parliamentary sovereignty as follows: ‘The principle of Parliamentary Sovereignty means neither more nor less than this, namely that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament’. Dicey’s account of parliamentary sovereignty consists of a positive and a negative limb. The positive aspect is that Parliament, as the supreme law-making body of the UK, has the ability to legislate on anything it wants. The negative aspect is that once an Act of Parliament has received Royal Assent, no person or body can question its validity, not even the courts.
1. In relation to your chosen workplace / place of learning, provide examples of policies / codes of conduct that encourage and / or protect equality and diversity. Equality and Diversity are important in the Workforce as they underpin how an organisation delivers its services and helps to develop its workforce. Equality is based on the legal obligation to comply with anti-discrimination legislation. Equality protects people from being discriminated against on the grounds of group membership i.e.
Title VII Paper MGT/434 – Employment Law University of Phoenix Jeff Herring Monday, August 22nd, 2011 Title VII Paper Introduction There are many rules and regulations that must be followed in the workplace. Some rules are beneficial to the employees while other rules benefit the employer. Overall rules are made to make sure that there is fairness within an organization. Discrimination is something that continues to happen in our workplaces. It will never be extinguished but laws and regulations can hold them accountable for acting on those discriminations.
This is an Act to make further provision for securing the health, safety and welfare of persons at work, for protecting people against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes. (http://www.legislation.gov.uk/ukpga/1974/37) The COSHH is the law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers exposure to hazardous substances by: Identifying what the health hazards are; deciding how to prevent harm to health (risk assessment); providing control measures to reduce harm to health; making sure they are used ; keeping all control measures in good working order; providing information, instruction and training for employees and others; providing monitoring and health surveillance in appropriate cases; planning for emergencies. Most
In order to assess how constitutional conventions are recognised and enforced within the UK system of government, firstly, will require a look at the different definitions of what amounts to a constitutional convention, and to discuss their function or purpose, within the U.K's constitution. Furthermore, it will be necessary to identify and consider the different examples of constitutional conventions and also examine their characteristics. As way of a starting point, conventions according to AV Dicey are defined as: "conventions, understandings, habits or practices which, though they may regulate the conduct of the several members of the sovereign power…are not really laws at all since they are not enforced by the courts. This portion of constitutional law may, for the sake of distinction, be termed the 'conventions of the constitution', or constitutional morality…" This definition concentrates on what conventions are supposed to achieve. However, this view is not entirely accurate and it is important that conventions are distinguished from habits and practices.
Legal & Ethical Responsibilities of an assessor As trainers, we must join with our employer to uphold a number of legal requirements. It is not only the law that says that we should do these things, but by doing them we can be sure that the service we provide to our clients will be better. The following table gives an overview of the main legal and ethical responsibilities of RTOs and trainers. After the table, we will have a look in more detail at the OHS and Workplace Relations requirements of RTOs. |Legal and Ethical Responsibilities of RTOs and Trainers | | Responsibility | Description | |Occupational Health & Safety |There are laws that require us and our managers to make sure that we provide a safe | | |work environment for staff and clients, and to make sure that we have a system in place| | |to record and report any workplace injuries.