employers rights

Employee Rights & Responsibilities in Health & Social Care Level 2

Q 1. Identify 3 aspects of employment covered by legislation 1.1
1. Contracts; these are legally binding on both sides (the employee and employer).
2. Conditions of employment; these may be varied by the employer with agreement of the employee.
3. Self- employed people are not covered by the employment law except for health and safety aspects.
Q 2. Why do you think it is important to have employment legislation? 1.3
It is important to have employment legislation because both the employee and employer know their rights and it is set out what they can and cannot do within the law. Also if there are any disagreements regarding dismissal then it can be heard by the Employment Tribunal.
Q 3. Give an example of employment practice that could directly discriminate and breach sex discrimination law. 1.2
Where a male and female are doing the same job but are being paid different rates or one is getting additional benefits.
Q 4. Why does legislation exist in relation to sex discrimination? 1.3
The Sex Discrimination Act 1975 (SDA) was put into place make it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training.
Q 5. Identify 2 examples of age discrimination in recruitment and appointment of employees. 1.2/3
1. When a company only employs people within a certain age range i.e. 16 to 21.
2. When a company will only employ managers who are over a certain age i.e. 55.
Q 6. Identify 3 barriers to employment for people with a disability. 1.2/3
1. Perceptions and attitudes of employers i.e. the perception that a disabled person might be inappropriate for customer facing employment, that they may make other staff feel uncomfortable or are less productive.
2. The employers premises and facilities might not be suitable for disabled people.
3. That the disabled person could not actually physically or mentally undertake the work.
Q 7. Identify 2 sources of advice or support a person with a disability could access for information on employment rights. 1.4
1. They could contact Acas: The Independent Advisory, Conciliation and Arbitration Service:
Acas aims to improve organisations and working life through better employment relations. It provides impartial advice, training, information and a range of problem resolution services.
2. Or they could contact the Government Equalities Office (GEO):
The Government Equalities Office sits within The Home Office and is the Government department responsible for equalities legislation and policy in the UK.
Q 8. List 3 items that appear on your payslip and explain briefly what they are. 2.2
1. Monthly salary - that is the gross amount I have earned that month.
2. PAYE Tax - Pay-as-you-earn Tax - Is the amount of tax I have to pay that month.
3. National Insurance - is a system of contributions paid towards state benefits i.e sickness, unemployment and retirement pensions.
Q 9. List 3 terms/conditions of your contact of employment. 2.1
1. Hours of work per week and the rate associated with such.
2. Bank holiday and holidays paid per year.
3. Start date of employment.
2.2 Data protection
What type of information is in your personnel record and who has access to it.
All your personal information i.e. name, date of birth, address, national insurance number, telephone numbers, email address, ethnic group, etc. Employment details, this includes current employment and previous employment. You have access to it, the managers and relevant office staff where you work.
Q 10. List 3 examples of changes to your personal circumstances that would need to be reported to your employer and to whom you would report these. 2.4/5
1. Change of address. This would need to be reported to the administration section.
2. Change of marital status. This would be reported to the administration section.
3. A change in your health. This would be reported to your manager.

Q 11. If you had a grievance what would you do and who could help you. 2.3
If there was a grievance then I would go to my line manager and explain the problem. If that still didn’t solve the problem then I could go to ACAS and they could negotiate on my behalf.
2.4 Agreed ways of working.
You need to know and understand your employers agreed ways of working and follow policies and procedures.
Q 12. Complete the following table showing how you follow policy and procedures in relation to each aspect. 2.5, 4.1
Policy
How you comply
Health & Safety
I would follow the procedures set out by my employers health and safety documentation.
Equality & Diversity
I ensure that I treat everyone equally and with respect, I accept that everyone has a right to voice their opinion and to be heard.
Sickness Reporting

I have to phone the office 30 minutes before my shift starts, and before 4pm if I’m going to be off the following day.
Data Protection
I am not allowed to give out any personal details of our customers.
Training & Qualifications

I have to let work know what training I have and to go on the respective courses that my employer requires me to. The government requires all care workers to have NVQ level 2 in Health and Social Care

Q 13. Explain the service you are employed in and how your role supports service delivery. 3.1/2
I am employed in domiciliary care, to provide care to clients within their home. I attend people’s homes and provide a predetermined care package consisting of specific duties relating to the client appropriate to their disposition. This in effect enables them to stay in their own home rather than a care home.

Q 14. What are the different parts of the apprenticeship programme you are doing. 3.2, 4.4
1. Introduction to communication in health and social care.
2. Introduction to personal development in health and social care.
3. Introduction to equality and inclusion in health and social care.
4. Introduction to duty of care in health and social care.
5. Principles of safeguarding and protection in health and social care.
6. The role of the health and social care worker.
7. Implement person centred approaches in health and social care.
8. Contribute to health and social care.
9. Handle information in health and social care settings.
Q 15. Who was responsible for developing the Health & Social Care Apprenticeship? 3.2
The Department of Health was responsible for developing the Health and Social Care Apprenticeship.
Q 16. Identify sources of support or information to inform your career pathway. 4.2
Various sources of support are available; my employer, other carers, web-based resources such as ‘Skills for Care’.
Q 17. Briefly describe the role of the following: 3.4
Skills for Care
‘Skills for Care’ is the skills council for the adult social care workforce. They ensure that the workforce has the correct skilled people doing the right jobs. They support employers to develop their skills and knowledge. They ensure vocational course are fit for the purpose.
CQC
Is the Care Quality Commission. This is an independent regulator of the health and social care services in England. They make sure that care that is provided people’s homes, hospital etc. meets the standards of quality and safety set by the government
Q 18. How does your role and training reflect the standards set by Skills for Care and CQC. 3.3
The training and the application of such skills are to the standards set out by the Skills for Care and the Care Quality Commission.

Q 19. Complete the following table – identify 3 areas of concern you are aware of, key points of concern and impact of this on public perception of care.
Area of concern
Key Issues
Impact on public perception
Abuse

Loss of Dignity.
Mental Abuse.
Physical Abuse.
Sexual Abuse.
Religious or Sexual Harassment.
When a person is abused it can make the public think that all care workers treat clients that way.
Quality

The level of hygiene.
The quantity of resource.
Standard of care.
The highest level of care should always be provided but sometimes a bad service is provided and this, as abuse, gives a misleading public impression of the service.
Cost

The amount that is charged for the service that is provided.
The fact that people could have to pay a large amount for their care and that they apparently have to sell their home to provide a good level of care.

Q 20. Describe 2 changes in service that affect your role. 4.4
Cost = time
Each care package has a cost. If the time allocated to undertake the care package is limited due to cost and the works cannot be completed within the allotted time. i.e. a person pays for 30 minutes, you can only do 30 minutes and not 45 minutes.
Availability of care resource
If a carer is off sick or on holiday, to achieve the same level of care the duties of the absent carer have to be undertaken by other carers.