Responsibilities and rights of employees and employers

Table of Content

It is important for both employees and employers to be aware of their legal responsibilities and rights in their respective industries.

1.1 The UK has a comprehensive set of laws governing employment, which address various areas such as minimum wage, working hours, discrimination, health and safety, holiday entitlements, redundancy and dismissal, training, disciplinary procedures, union rights and consultation. These laws are in place to regulate the relationship between employees and employers, ensure safe working conditions, and establish minimum compensation levels like the minimum wage. In our specific field of work, there are additional regulations that apply such as the Disability Act,
Manual Handling Operations and Regulations,
Data Protection Act,
The Medicine Act,
General Social Care Council code 2001,
and RIDDOR 1995.

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1.2 The main features of current employment legislation include:

– Being paid and payslips

– Company sick pay rights

– Performance-related pay

– Employment contracts and conditions

– Contracts of employment

– Changes to employment conditions

– Breach of contract

– The National Minimum Wage

– The National Minimum Wage rates

– Calculating the National Minimum Wage: the basics

– Help getting paid the National Minimum Wage

– Time off and holidays

– Annual leave and holidays

– Time to train, request time at work to learn new skills

– Time off for dependants

– Working hours

– Working time limits /the 48-hour week/

– Rest breaks

– Overtime

– Flexible working

– The right to request flexible working

– Working from home

– Part-time work

– Sickness absence

– Time off for sickness

– Statement of Fitness for Work /fit note/

– How work can keep you healthy

– Business transfers and takeovers

– Employment protection during business transfers and takeovers
– Transfers of employment contracts

1.3 The legislation regarding employment exists to:

– Ensure a more cost-efficient and safer working environment.
– Place an increasing responsibility on employers to safeguard the health and safety of their employees.
– Protect workers and provide guidelines, regulations, and standards.
– Establish rights and restrictions on both workers and management through a legal relationship.

When it comes to finding information and advice regarding employment responsibilities, there are various sources and types available. Firstly, I can refer to my contract and the beginning of my employment for guidance on my rights and responsibilities. Additionally, I can consult my staff handbook, which also contains relevant information. Within my workplace, there are policy documents that provide further guidance. Finally, if I am unsure about my responsibilities, I can seek clarification from fellow staff members.

2. Comprehend the approved methods of operation that safeguard the individual’s relationship with their employer.

2.1 The terms and conditions of my own employment contract include information such as the start date of my employment, the location of my workplace, my job duties, my hourly salary, the number of hours I work per week, my holiday entitlement, holiday pay, the policy for regarding sickness absence, the pension scheme, the probationary period, my rights to notice before termination, regulations on smoking, compliance with the Data Protection Act 1998, maternity rights including ante/natal care, maternity leave, statutory maternity pay, adoption leave and pay, statutory paternity pay, parental leave, time off to care for dependants, retirement policies, the right to search, short time working policies, lay offs and redundancies procedures, extended leave policies, provisions for variation of terms and conditions, any contradictions between these terms and conditions and individual employment letters I may have received, intellectual property rights, rules regarding the use of internet and email within the company, company rules and disciplinary procedures including a table of disciplinary offences and penalties, the process for warnings including verbal warning at stage one, written warning at stage two, final written warning at stage three and dismissal at stage four. The procedures for appeals and other forms of dismissal are also outlined. Additionally, there is information about the formal grievance procedure, equal opportunities statement, anti-harassment statement and management’s responsibilities. Further details are provided concerning restrictive covenants.

2.2 The pay statement displays the following details: full name, employer’s name, tax period and interval dates, staff ID number, National Insurance (NI) number and code, tax code, PAYE reference, taxable gross amount and cumulative gross amount to date, cumulative tax amount to date, employer’s NI contribution and pension contribution, NI gross amount, and net pay.

2.3 If I have a complaint about my employment, I should first try to address it informally by talking to my line manager. If we can’t find a satisfactory solution within 5 days or if the issue involves my manager and I don’t feel comfortable discussing it with them, the Company has established a formal grievance procedure that must be followed. It is essential to use this procedure for any complaints that remain unresolved.

Employers have a responsibility to ensure the security, safety, and accuracy of employees’ personal information. This includes maintaining records of various details such as name, address, date of birth, gender, education and qualifications, work experience, National Insurance number, tax code, known disabilities, and emergency contact information. Employers must also keep updated records of an employee’s employment history within the company and their terms and conditions of employment (e.g., pay rate, working hours, holiday entitlements). Additionally important are records of any work-related accidents or training undertaken by the employee as well as any disciplinary actions taken against them. It is crucial for employees to promptly inform their employer about any changes in personal information like a name change or marital status change so that it can be accurately reflected in records along with other relevant details such as address change or changes in general practitioner (GP) or next of kin details.

I follow the agreed policies and procedures, which are based on sector standards, guidelines, and individual care plans. This helps me explain how I work with my employer. To implement these ways of working, I adhere to the specific care plan for each individual. As a caregiver, it is my responsibility to provide a reasonable level of care to prevent harm to the individuals I support and their belongings. However, dilemmas may occur when an individual chooses risky behavior. While they have the right to make these choices, it is also my duty to ensure their safety and offer assistance.

Gain a comprehensive understanding of how your role contributes to the broader industry.

One of my duties is to maintain high standards of care and service for the service users, which includes helping with personal hygiene like washing, dressing, toileting, and shaving male residents. I also assist them with going to bed, promote their independence and dignity, and support their chosen lifestyle. If any complaints arise, I promptly report them to the Manager.

3.2 This section addresses the impact of our role on service provision in a personalized and high-quality manner that fosters independence and dignity. Our objective is to support individuals in living their preferred lifestyle, ensuring their happiness and overall well-being. Additionally, our endeavors contribute to extending our clients’ lifespan, thereby bolstering public trust in the Health and Social Care sector. As a care assistant in a care home, my duties encompass assisting residents with personal care, dressing and feeding them, aiding in mobility, providing incontinence care, promoting comfort, and monitoring their conditions.

Currently, I am employed at a care home where my role involves providing care for elderly individuals and those with dementia. These individuals frequently experience short-term memory loss. My main focus in this position is to treat each person as an individual with their own strengths, ensuring they are treated with respect and dignity. Furthermore, I am dedicated to safeguarding these individuals from any form of harm or mistreatment.

3.4 The primary roles and responsibilities of representative bodies that have an impact on the broader sector will be described.

Representative bodies have multiple roles. They serve as advocates for the people in the senate, speaking up for their interests and asserting their humanitarian rights. Additionally, they ensure that funds are distributed appropriately to the sectors they represent, taking into account immediate or basic needs. There are various types of representative bodies, including government departments, professional bodies, trade unions, sector skills councils, regulatory bodies, and consumer groups. These representative bodies play a vital role in the European Union. In appeal meetings regarding employment matters, it is expected that employees make reasonable efforts to attend and can choose to be accompanied by either a trade union representative or a selected fellow employee.

4. Understand career pathways available within own and related sectors. Explore different types of occupational opportunities, such as social worker, specialist, speech therapist, General Practitioner, children social worker, care specialist, Manager, Adult nursing, Child nursing, Mental health nursing, and Learning disabilities nursing.

4.2 Available sources of information for a specific career pathway include the internet, books, the Code of Practice, various media outlets (such as TV, radio, and magazines), newspapers, individuals, training programs, the Alzheimer’s Society, and the book “Supportive Care for the Person with Dementia” edited by Julian C. Hughes, Mari Lloyd-Williams, and Greg A. Sachs.

4.3 Identify next steps in own career pathway
I aspire to finish the upcoming courses and reach the position of a manager in a care home.

5. In the healthcare sector, understanding how public concerns can affect reputation and service delivery is crucial. A specific example of public concern is the issue of abuse and neglect in care homes, which was featured in a Panorama documentary. The distressing footage depicted acts of aggression and violence towards residents, including pinning them down and subjecting them to cold showers while fully dressed.

5.1 Instances where the public has expressed concerns about sector issues are significant. The case of care home abuse and neglect, as shown in the Panorama footage near Bristol, is considered a major scandal in Britain.

5.2 Opinions on this matter of public concern vary. The government aims to reassure families by taking their complaints or concerns seriously. This involves providing independent assessments for cases and creating a roster of experts who can offer local support if needed. Furthermore, NHS hospitals will be required to designate a board member responsible for addressing complaints regarding end-of-life care and reviewing its provision.

5.3 These public concerns have impacted how the sector is perceived by the general population. Due to widespread instances of misconduct and scandals within social and health care, public confidence has been eroded, leading many individuals to keep their loved ones away from care homes.

5.4 Explain the impact of recent modifications in service provision on one’s specific work area. Personally, I prefer working individually with service users whenever their current circumstances and well-being permit it. The individuals I assist are dealing with dementia, a condition characterized by erratic emotional reactions and sudden mood fluctuations without an obvious trigger, potentially leading to hazardous situations. Hence, I ensure to promptly request assistance whenever deemed necessary.

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