Employee Rights and Responsibilities For the Health and Social Care Frameworks Candidate Name Nicole...

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Employee Rights and ResponsibilitiesFor the

Health and Social Care Frameworks

Candidate Name Nicole Lane

Completion Date

ERR (C .Kennedy) JAN 2014 (V1)

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IntroductionThe Specification for Apprenticeship Standards for England (SASE) and the Specification for Apprenticeship Standard for Wales (SASW) sets out the minimum requirements to be included in recognised Apprenticeship frameworks in England and Wales. Compliance with SASE/W is a statutory requirement of the Apprenticeships, Skills, Children and Learning Act 2011. SASE/W specifies that an apprentice must achieve the standards of attainment set out in the nine ERR national outcomes. To achieve the ERR national outcomes the apprentice must demonstrate that he/she:

1. Knows and understands the range of employer and employee statutory rights and responsibilities under Employment Law. This should cover the apprentice’s rights and responsibilities under the Employment Rights Act 1996, Equality Act 2010 and Health & Safety legislation, together with the responsibilities and duties of employers;

2. Knows and understands the procedures and documentation in their organisation which recognises and protects their relationship with their employer. Health & Safety and Equality & Diversity training must be an integral part of the apprentice’s learning programme;

3. Knows and understands the range of sources of information and advice available to them on their employment rights and responsibilities. Details of Access to Work and Additional Learning Support must be included in the programme.

4. Understands the role played by their occupation within their organisation and industry.

5. Has an informed view of the types of career pathways that are open to them.


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6. knows the types of representative bodies and understands their relevance to their skill, trade or occupation, and their main roles and responsibilities;

7. Knows where and how to get information and advice on their industry, occupation, training and career;

8. Can describe and work within their organisation’s principles of conduct and codes of practice;

9. Recognises and can form a view on issues of public concern that affect their organisation and industry. Apprenticeship frameworks must specify how the achievement of the 9 ERR outcomes is to be evidenced. Successful completion of this workbook will constitute evidence that the apprentice has achieved the 9 ERR outcomes.

Using the WorkbookThis workbook contains notes and training tasks related to Employer Rights Responsibilities (ERR). It can be used:

On its own

As part of a larger training programme

As part of an Apprenticeship

The 9 national ERR outcomes have been grouped into 4 categories:

Statutory Rights and Responsibilities

This section maps to ERR national outcomes 1, 2 and 8.

Procedures and DocumentationThis section maps to ERR national outcomes 2, 3 and 7.ERR (C .Kennedy) JAN 2014 (V1)

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Career PathwaysThis section maps to ERR national outcomes 4, 5, 6 and 7.

Representative BodiesThis section maps to ERR national outcomes 6, 7 and 9.

Ideally you should try to complete all the tasks during your first few months, combining them with the normal work routine.

You will find note boxes throughout this workbook. Use them to make notes for further reference and to remind you of things you might wish to discuss with your Trainer and/or Manager.

Use this workbook, with help from your Trainer, too:• Look at the various tasks in the workbook and see how they match up with the job you are training for.

• Write down a plan for completing this workbook. List the various tasks that you will be completing, say where these will take place and when it will happen.

• Agree dates for the review sessions. These should be held at regular intervals, and written feedback should be given to you and to your Manager.

• Keep a portfolio (or electronic file) of the work that you do to achieve the tasks. The Trainer and/or Manager should review this, and at each review the Trainer should make an appraisal of the work done and progress to date.

These are the people and processes that you may come into contact with:

Trainer

A person who has the technical expertise to guide you, and can assess if what you are doing is to the required standard. They should also support you if the training programme is not progressingERR (C .Kennedy) JAN 2014 (V1)

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as it should. This person maybe your manager / supervisor, they may also be a health care professional or senior colleague.

Training Advisor / Assessor

If you are completing a competence based qualification, then you must agree at the beginning with your Assessor what evidence of job competence will be required. This evidence might have to be kept separately from the logbook.

You should also speak to your Assessor to see if it is possible to use the evidence produced by this workbook towards other qualifications in the Apprenticeship.

Portfolio

Somewhere that you keep the work and shows results from completing the tasks. There should also be comments and appraisals from your training advisor on each item. A portfolio can be paper based or electronic based (e-portfolio)

Review Sessions

These are vitally important! Without them the training programme candrift along and all the good intentions will be lost. Both the trainer and your manager need to be involved, and at each review session specific tasks should be chosen to be completed by the next review.

Subject Areas

Statutory Rights and ResponsibilitiesERR (C .Kennedy) JAN 2014 (V1)

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Back in the days of the industrial revolution, employers used to usetheir employees as almost slaves. The work house would supply children to the cotton mills to work in very dangerous conditions with minimum pay and no help in the event of an injury or death.Over time the workers got together and formed associations of like minded people to try and improve the working conditions. The bosses were very resistant to these requests and used the full power of thegovernment to oppress the workers. Eventually after many years of struggle the unions where formed and then in partnership introduced minimum conditions of employment that were later adopted as employment law by the government.

As our industrial society has developed over the last 150 years, employment laws have been passed by Parliament to protect the rightsof individuals, organisations and the public. The main areas of employment that are covered by the law are contracts of employment, working hours and holidays, time off when sick (and sick pay), health and safety, data protection, and anti-discrimination (on the grounds of gender, race, religion, sexual orientation, age, pregnancy/breast feeding, marital/partnership status and disability).

Time off When Sick

There is a statutory right to a prescribed level of sick pay, which all employers must abide by. Some employers go beyond this and pay additional entitlements if employees are unwell. There are rules as to who can claim Statutory Sick Pay that relate to how old the employee is, how much they earn and whether they have or are claiming any other form of statutory benefit, e.g. statutory maternity pay.

Anti-Discrimination

The right not to be discriminated against on the grounds of gender, race, religion, sexual orientation, age, pregnancy/breast feeding, marital/partnership status and disability is legally protected from the first day of employment, and applies to the recruitment process as well as during the period of employment.ERR (C .Kennedy) JAN 2014 (V1)

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Data Protection

The Data Protection Act 1998 applies to data held by an employer about an employee and covers both computerised and paper based systems.

Health and Safety

The Health and Safety at Work Act 1974 is the main legislation covering health and safety in the workplace. Under this Act, employers and employees have certain responsibilities. Here are the main ones:

• Employers must safeguard as far as is reasonably practicable, the health, safety and welfare at work of all the people who work for them. This applies in particular to the provision and maintenance ofsafe plant and safe systems of work; and covers all machinery, equipment and substances used.

• Employees have a duty to take reasonable care to avoid harm to themselves or to others by their work activities, and to co-operate with employers and others in meeting statutory Health and Safety requirements. Employees must not interfere with or misuse anything provided to protect their health, safety or welfare. There are many health and safety regulations and codes of practice that relate to different kinds of work and different sorts of workplaces. There arespecific health and safety requirements relating to the employment of young people.

By law employers must display sources of information and advice within the work place. These include H&S poster, Employer's liability insurance certificate, fire and evacuation signs, food hygiene certificates and no smoking signs.

Contracts of EmploymentERR (C .Kennedy) JAN 2014 (V1)

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• Employment contracts are legally binding on both the employer and employee and serve to protect each other’s rights and responsibilities.

• By law (Employment Rights Act 1996) all employees are entitled to a written statement of the key terms and conditions of their employment within two months of starting work, providing the contract is to last for more than one month.

• Employees who believe they have been dismissed or otherwise treated unfairly have the right to take their case to an independentEmployment Tribunal, providing certain rules are met about how long they have been employed, and the procedures that have been followed by their employer.

Working Hours

• The Working Time Regulations 2003 apply to all employers in the UK, regardless of sector or organisation size. They set rules about the amount of time that employees can work and the amount of rest time to which they are entitled. They are enforced by Employment Tribunals combined with inspections by the Health and Safety Executive.

• There are special provisions which limit the hours that Young Workers aged 16 to 17 can work.

• There are specific rights and responsibilities that apply the in the case of maternity and parental leave.

TasksRead the notes before starting the tasks. These notes will help withsome of the tasks, for others you will need to ask your Trainer or find out by yourself. As you complete these tasks ask your Instructor or Trainer to sign them off in the table at the bottom ofthis page.


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1. Read your contract of employment and list the main responsibilities of your job role.

L/02.1

Some of the roles and responsibilities listed in my contract are health and safely at work, confidentiality, the safe guarding of vulnerable adults, the recording and the reporting of information about clients i.e. care plans, attending training that is provided for me, and correctly following all company polices.

2. Your employer is obliged by law to display certain notices within the work place. Make a list of these in the box below

L/O

1.4

By law employers are obliges to show different types of signs and notices these are Safe conduct signs such as fire exits and evacuation signs, fire Action signs i.e. clearly marked fire extinguisher signs, prohibition signs such as nosmoking signs, Hazard signs examples of these are caution wet floor signs or mind the step signs and mandatory action signs which are symbols or writing within a blue circle i.e.fire door keep shut.

3. Make a list of different employment laws that protect you in your workplace. Discuss with your Trainer the main points of each one.


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L/O

1.1

The Health and Safety at Work Act The Data Protection Act Employment Rights Act Equality Act

4. Give examples of how, the identified employment laws protect you within the workplace?

L/O1.2

The health and safety act means employers are responsible for the safeguarding, health, safety and welfare at work of all the people who work for them.

The data protection act means that employers cannot by law give any of your proposal information’s out without your knowledge or consent to do so.

The Employment Rights Act means that employers are legally obliged to provide all employs with a writtenstatement of the key terms and conditions expected ofthem.

The Equality act ensures that employers cannot discriminate towards an individual under their employment because of age, gender, ethnic origin and religion.

5. Explain why employment law was created.


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L/O

1.3

Employment law was created to protect employees from employers who would try to abuse their position creating equal opportunities for everyone.

Policies and procedures

Policies and procedures are documents that outline how a service will conduct its work. All training provided will be based around your company’s policies and procedures and you should have access tothese as required.

Handbooks Your company have a staff handbook that contains information on aspects such as:

• Pay, benefits and hours of work• Holiday and other authorised time off• Sickness• Health, safety and welfare• Discipline and grievance• Joining and leaving procedures• Anti-discrimination and equal opportunities

Ask for a copy of the handbook and read through it. This will describe how your organisation puts into practice the requirements of employment law, as well as describing the systems used within thecompany. Here are some of the aspects that may well appear in it.

Health and SafetyThere may be specific health and safety regulations and codes of practice that apply to your workplace and job. There may be specificmeasures put in place by the employer to provide protection for you and others against any risks arising from the particular work being ERR (C .Kennedy) JAN 2014 (V1)

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carried out, the environment being worked or the tools, materials orequipment being used.

Sickness Absence and Sick PayThe sick pay arrangements relevant to the particular job that you are doing. The rules about how and when employees must notify their employer if they are unable to come to work because of ill-health, and the implications of not following these rules.

PensionsAll employers will have to provide workers with a workplace pension scheme by law over the next few years. The biggest employers starteddoing this in October 2012. This is called ‘automatic enrolment’.

PAY-SLIPS

Your pay-slip must show your earnings before and after any deductions, explain any deductions and show how your wage is paid. Your employer must explain any fixed deductions from your wage, e.g trade union subscriptions. They must do this either on your pay-slip, or in a separate written statement. You must be sent this separate statement before your first pay-slip and your employer mustupdate it annually

Pay-Slip Example


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Working Hours and Holiday EntitlementsThe working hours and the rest periods you are entitled to. What steps you should take to ask for time off work, and the rules that apply to time off work for different reasons.

Data Protection

The Data Protection Act 1998 is a United Kingdom Act of Parliament which defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK. Your employer needs to keep personal records about you which you will need to keep them updated with. The main one will be your address phone numbers and relevant medical information. These should be stored as set by the data protection and information only passed with your consent. It’s important you kept your information up to date for safety reasons

Anti-Discrimination and Equal OpportunitiesWhat steps you should take if you experience or witness discrimination and bullying at your workplace. You may have heard about bullying in the workplace. This is unacceptable and should notbe tolerated by employers. Bullying can include: Unfair and excessive criticism, public insults, repeatedly changing or setting unrealistic work targets, undervaluing work effort, shouting and general abusive behaviour. If you see, or are a victim of bullying the first thing you should do is to make the personnel department orline manager if appropriate aware of the problem – in writing if necessary. You can also:• Keep a diary of any instances of bullying• Consider formal grievance procedures• If your health is affected, seek appropriate medical advice• In extreme circumstances you may wish to contact a solicitor

Tasks

1. Explain who you should contact if you have a grievance, and what steps should be taken


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L/O 2.3

If you have a grievance you should contact you manager specifically with the nature of the grievance or complaint the manager should then have a meeting with everyone that is involved with the complaint and attempt to resolve the issue.If the complainant is still not satisfied with the outcome they have the right to appeal.

2. Describe the information that should be on your wage slip.

2.2 On a person’s wage slip there should be a person’s name (in full), the persons title i.e. Miss/Ms/Mrs, their national insurance number, the issue date of the wage slip, the persons job title, the company name, the total amount of money earned, the amount paid per hour, tax paid, the amount of national insurance paid, the individuals tax code it should also contain the method of payment and the payment period.

3. What information is held on your personnel file? Why do you think your employer needs this information?

L/O A personnel file should contain information such as a persons name the persons address, their date of birth, contact details,


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2.4 sex, work experience, education, qualifications, national insurance number, tax code and details of known disabilities, emergency contact details, any training and incident reports.

4. Explain what you should do if you need time off for any the reason.

The appropriate people should be notified as soon as possible i.e.manager/supervisor/ office staff and the appropriate forms should be filed in for example holiday forms.

5. How would you let your employer know of any changes needed to your personnel record (e.g. moving house, changing your bank).

The appropriate people should be notified as soon as possible i.e. manager/supervisor/ office and the appropriate forms should be filled in.

6. Describe the agreed ways of working that are in-place with youremployer.

Some of the agreed ways of working are not disclose any personal and confidential information, ensuring that follow the health andsafety polices put in place by my employer, correctly following care plans an filling in the information needed, and correctly following all company polices an procedures, knowing what my job


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description is and knowing the limits of my own job role.

Organisational structure consists of activities such as task allocation, coordination and supervision, which are directed towardsthe achievement of organisational aims. An organisation can be structured in many different ways, depending on their objectives. The structure of an organisation will determine the different business models in which it operates and performs.

Organisational structure allows the expressed allocation of responsibilities for different functions and processes to different entities such as the branch, department, workgroup and individual.

Complete your own organisational structures with an explanation wereyou fit within the service.


Manager

Senior

Care Worker

Senior

Care Worker

Care Worker

Senior

Care Worker

Asisstant

Manager

http://en.wikipedia.org/wiki/Employee

http://en.wikipedia.org/wiki/Working_group

http://en.wikipedia.org/wiki/Departmentalization

http://en.wikipedia.org/wiki/Branch_(banking)

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LO

3.1

3.2

Multi-agency working

Multi-agency working brings together practitioners from different sectors and professions to provide an integrated way of working to support common cause. It is a way of working that ensures vulnerablepeople who need additional support have exactly the right professionals needed to support them. Multi-agency working could involve anyone whose job or voluntary work puts them in contact withpeople who require support.

Benefits

Multi-agency working provides benefits for children, young people and families because they receive tailor-made support in the most efficient way. The benefits of this include

Early identification and intervention Easier or quicker access to services or expertise


Manager

Supervisor

Supervisor

Supervisor

Supervisor

Care worker

Care worker

Care worker

Care worker

Care worker

Apprenti

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Improved achievement in education and better engagement in education

Better support for family Needs addressed more appropriately Better quality services Reduced need for more specialist services.

Give examples of other agencies and professionals who you haveworked with.

3.33.4

Despite only being on an a apprentice for a short period of time I have come in to contact with other agencies and professionals whiles in the work place such as district nursed and hospital doctors whilst taking client to appointments with family, I am also aware that there are other agencies and professionals that I may come in to contact with such as social services and people from other care organisations.

Training and Development

Needs training information

National Occupational standards (NOS)

National Occupational Standards (NOS) describe best practice by bringing together skills, knowledge and values. National Occupational Standards are valuable tools to be used as benchmarks for qualifications as well as for defining roles atwork, staff recruitment, supervision and appraisal.


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The national occupational standards have great value withinthe industry. They can for example be used for recruitment andselection, job design and evaluation, training needs analysis,learning programmes and performance appraisals. Good employersinvest in training staff in order to remain competitive; atthe same time this provides individuals with improved skillsand opportunities for career development. The standardsprovide and essential benchmark for all this activity.

The occupational standards for health and social care havebeen updated to make sure they include the right things forthe sector and are easy to use. This updating was completed by‘Skills for Care’ by asking people in the health and socialcare sectors how they wanted the previous standards to beimproved.

Explain how the National occupational standards outline yourrole (Look at the unit titles included within your diploma) E.G Communication, Infection control, Safeguarding)The National occupational standards provides an outline for the employees roles and responsibilities of a social worker these guidelines are based on;

- Safeguarding this is important for a social care workeras it aims to support vulnerable adults to retain independence, well-being and choice and to be able to live a life that is free from abuse and neglect

- Communication is one of the most important aspect in a healthcare and social care setting, it is vital that cervices user and the healthcare professional understand each other clearly in order for the cervicesuser to receive the best possible care, i.e. inform individuals, families, carers, groups and communities about what steps they are going to take and Build honest relationships based on clear communication.

- Health and safety this is important for the employers, employees and the cervices users as it prevents harm caused to all concerned , care worker have a duty to avoid harm to themselves or to others by their work activities, and to co-operate with employers and othersin meeting statutory Health and Safety requirements.


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- Duty of care is important in the social care role as itensures that the care worker acts in the best interest of individuals and others and not act or fail to act ina way that results in harm and ensures they do not takeon anything you do not believe you can safely do.

- Person centred approach - A key role of social workers is to help individuals and families to maintain independence and keep safe and well. One way of doing this is using a person centred approach this means working with people in need and supporting their right to autonomy and self-management of their lives and/or care.

Training and Development (Cross reference into 202/203)

Training information

Using the table below create a career pathway plan for yourself, indicating what opportunities are open to you as youprogress in your chosen career.

Career Pathway


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Task D- Presentation or Report

Prepare a presentation or report on an issue or area of public concern related to the Adult care profession


How did i get to where I am now in my health and social care role?I enrolled on to St Helens chamber work ready course was give the opportunity to have an interview at Browns Short Break Respite and was accepted in to the apprentice position.What qualifications/ experience did I need to go where I am now? Because it is an apprenticeship I was not required to have any previous Qualifications in health and social care however I did need to have an understanding of a social care worker and the roles and responsibilities I would have if I was successful. What qualification am I undertaking now?At the moment I am working to complet my Level 2 Health and Social Care Diploma

When completed what affect will it have on my job role?Though completing my Level 2 Health Social care will not have an effect on my job role I will however be a fully qualified member of staff also the amount of pay that i receve will increase. Where do I want to go next in my Health and Social Care career?To become a fully qualified social care worker.

What do I need to do?I need to complet my level 2 Health and social care and then i may be able to complet level 3 diploma for health and social care.How will I gain further qualifications and where can I find out this information?i could enrole on other courses via college i could find infomation about this via the internet or by visitin local colleges and askin for more infomation.

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Your presentation or report should include:

A description of the issue or area of public concern raised An outline of the different points of view regarding the issue

or area of public concern raised A description of how the issue or area of public concern has

affected service provision and methods of working A description of how public opinion is affected by issues and

areas of concern in the Adult Health and Social Care sector

How to approach your Report or Presentation onfailures in care

Unit 204 Principles of safeguarding and protection in health and social care

And/or Employment Rights and Responsibilities (ERR) - Minimum 400 words

(Or 5 minute presentation for functional skills cross over)

Using the example of Harold Shipman below follow these steps…

Step 1. Identify TWO ADULT case studies in failures in care. (You must provide copies of each case study as part of the assignment.)

Step 2. Read the incident/case study and facts and decide if there is enough information to write an essay and meet your questions.

Step 3. Highlight important facts that you think are relevant(colour code if you wish e.g. blue for really important information, yellow for information to consider)

Step 4. Write your name and date at the top

Step 5. Write an introduction – This should be an overview ofthe TWO ADULT cases, what happened or is happening.ERR (C .Kennedy) JAN 2014 (V1)

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Step 6. Begin the main information that describes the unsafe practices in the reviews.

Step 7. Describe what interventions/steps have been taken to insure the incident doesn’t happen again

Step 8. What recommendations would you make to ensure it doesnot happen again?

Step 9. Provide a Reference of where you got your information(See bottom of this document as an example)

Thursday 25 August 2005 15.19 BST

Q&A: Harold Shipman

A report has found that the prison where Britain's most prolific serial killer hanged himself 'could not have prevented' his death. David Batty explains the background of the case

Harold Shipman Photograph: /PA

Who was Harold Shipman?Harold Shipman was Britain's most prolific serial killer. According to the public inquiry into his crimes, the former family doctor killed at least 250 of his patients over 23 years. He was found dead in his cell at Wakefield prison on January 13 2004, having hanged himself. The 57-year-old was serving 15life sentences.ERR (C .Kennedy) JAN 2014 (V1)

http://www.guardiannews.com/uk-home

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What triggered the inquiry?Shipman was convicted at Preston crown court in January 2000 of the murder of 15 elderly patients with lethal injections of morphine. A public inquiry was launched in June 2001 to investigate the extent of his crimes, how they went undetected for so long, and what could be done to prevent a repeat of the tragedy.

Findings

Most of the Inquiry's recommendations require government action, either in the form of legislation or in new regulations, and it is right to acknowledgethat the government has introduced, or is in the course of introducing, a broad package of reform. There have been significant changes to controlled drug procedures, consequent upon changes to the 2001 Misuse of Drugs Regulations and the 2006 Health Act, and further changes are to follow.

REFERENCES1. The Shipman Inquiry. First Report. Death disguised. 2002. The Shipman Inquiry, http://www.the-shipman-inquiry.org.uk/firstreport.asp (accessed 9 Apr 2008)2. The Shipman Inquiry. Sixth Report. Shipman: the final report. 2005. The Shipman Inquiry, http://www.the-shipman-inquiry.org.uk/finalreport.asp (accessed 9 Apr 2008)3. Laves JN, Lomas J, Hamid M, Sewankambo NK. Assessing country-level efforts to link research to action. Bull World Health Organ. 2006;84:620–628. [PMC free article] [PubMed]

For advice on careers, qualifications and awards, contact these organisations:


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Learn-direct: www.learndirect.co.uk 0800 101 901Connexions: www.connexions-direct.com 080 800 13 2 19City and Guilds: www.cityandguilds.com 0844 543 0000Ed-excel: www.edexcel.com 0845 618 0440

Trade UnionsUnions represent the interests of their members. Some trade unions have a telephone “help line” to enable a quick responseto be given, most have a website to answer a range of questions that cover the workplace. Unions offer a range of services that include:

Information and representation on employment rights issues

Information and representation on health and safety and environmental

Compensation for members who are injured at work, are unfairly dismissed or suffer from discrimination on matters of gender or race.

Free pension and legal advice A range of financial and other facilities including car

and home insurance, sickness benefits, mortgages, holidayreductions and credit cards.

Information on training and lifelong learning

UNISON: 1Mableton Place, London, WC1H 9AT www.unison.org.uk tel: 0845 355 0845

BASW: The British Association of Social Workers www.basw.co.uk


http://www.basw.co.uk/

Employee Rights and Responsibilities For the Health and Social Care Frameworks Candidate Name Nicole...

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