Employment Responsibilities and Rights in Health and Social Care Essay Sample
The law covers 6 areas of equality. These are:
religion or belief
These laws protected workers and trainees from discrimination. They also protect consumers and service users, except in the case of age discrimination. The Equality Act 2010
This is the most significant piece of equality legislation to be introduced for many years. It is there to strengthen protection, advance equality and simplify the law. The Equality Act brings together, and significantly adds to and strengthens, a number of previous existing pieces of legislation, including race and disability. One of the key changes is that it extends the protected characteristics to encompass: age
marriage and civil partnership
pregnancy and maternity
religion or belief
The act also makes explicit the concept of ‘dual discrimination’, where someone may be discriminated against or treated unfairly on the basis of a combination of two or the protected characteristics.
Gender / Gender identity
The Equal Pay Act (as amended) 1970
This Act gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing like work, or work related as equivalent under any analytical job evaluation study; or work that is proved to be of equal value. The Sex Discrimination Act 1975 (as amended)
This Act (which applies to women and men of any age, including children) prohibits sex discrimination against individuals in the areas of employment, education and in the provision of goods, facilities and services and in the disposal or management of premises. Sex Discrimination (Gender Reassignment) Regulations 1999
These regulations are a measure to prevent discrimination against transsexual people, on the grounds of sex, in pay and treatment in employment and vocational training. They effectively insert into the Sex Discrimination Act a provision to extend the Act, insofar as it refers to employment and vocational training, to include discrimination on gender reassignment grounds. The Gender Recognition Act 2004
The purpose of this Act is to provide transsexual people with legal recognition in their acquired gender. Legal recognition will follow from the issue of a full gender recognition certificate by a Gender Recognition Panel. In practical terms, legal recognition will have the effect that, for example, a male-to-female transsexual person will be legally recognised as a woman in English Law. On the issue of a full gender recognition certificate, the person will be entitled to a new birth certificate reflecting the acquired gender and will be able to marry someone of the opposite gender to his or her acquired gender. The Equality Act 2006
This Act outlaws gender discrimination and harassment in all public functions. It also created a general duty on all public authorities to promote equality of opportunity between women and men. There are also specific duties for listed organisations, including the production of a Gender Equality Scheme. Disability
The Disability Discrimination Act 1995
This Act prohibits discrimination, harassment and victimisation in employment; in the provision of goods, facilities and services; in the disposal or management of premises and in education. It also requires employers and service providers to make reasonable adjustments for disabled people. Disability Discrimination Act 2005
This Act makes substantial amendments to the Disability Discrimination Act 1995 (see above). The 2005 Act places a general duty on all public authorities to promote disability equality and to have due regard to eliminate unlawful discrimination and harassment of Disabled people. Listed bodies within the public sector are also subject to specific duties of the 2005 Act. The specific duties provide a clear framework for meeting the general duty and include the requirement to produce a Disability Equality Scheme. Religion and Belief
Employment Equality (Religion or Belief) Regulations 2003
These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of religion or belief. The regulations apply to discrimination on grounds of religion, religious belief or similar philosophical belief. Sexual orientation
Employment Equality (Sexual Orientation) Regulations 2003
These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of sexual orientation. The regulations apply to discrimination on grounds of orientation towards persons of the same sex (lesbian and gay men) and the same and opposite sex (bisexuals). The Civil Partnership Act 2004
The Act creates a new legal relationship of civil partnership, which two people of the same-sex can form by signing a registration document. It also provides same-sex couples who form a civil partnership with parity of treatment in a wide range of legal matters with those opposite-sex couples who enter into a civil marriage. The Equality Act (Sexual Orientation) Regulations 2007
These regulations outlawed discrimination (direct and indirect) and victimisation in the provision of goods, facilities and services. Discrimination was also outlawed in education, the use and disposed of premises and in the exercise of public functions. Age
Employment Equality (Age) Regulations 2006
The regulations provide protection against age discrimination (direct discrimination, indirect discrimination, harassment and victimisation) in employment, training and adult education for people of all ages.
Equality and Human Rights
The Human Rights Act 1998
The Human Rights Act came fully into force on 2 October 2000. It gives further effect in the UK to rights contained in the European Convention on Human Rights. The Act: Makes it unlawful for a public authority to breach Convention rights, unless an Act of Parliament meant it could not have acted differently Means that cases can be dealt with in a UK court or tribunal Says that all UK legislation must be given a meaning that fits with the Convention rights, if that is possible The Equality Act 2006
This Act established the Commission for Equality and Human Rights, giving individuals who experience discrimination or breach of their human rights easier access to support. It also improves the advice available to employers and service providers in a one-stop shop. The Commission aims to support the development of a society in which: Prejudice or discrimination does not limit people’s ability to achieve their potential Each person’s human rights are respected and protected
The dignity and worth of each individual is respected
There is mutual respect between groups, based on understanding and valuing of diversity and on shared respect for equality and human rights Includes extracts from ‘Towards Race Equality in Health, A Guide to Policy and Good Practice for Commissioning Services’ by Race for Health. The full document can be accessed at: www.raceforhealth.org
The Basic Provisions of Health & Safety Legislation.
The Health & Safety at work Act 1974
• Applies to all work premises. Anyone on the premises is covered by & has responsibilities under the Act; employees, supervisors, directors or visitors • Requires all employers, as far as is reasonably practicable, to ensure the health, safety & welfare at work of their employees. This particularly relates to aspects such as:
Safe entry & exit routes
Safe working environment
Well maintained, safe equipment
Provision of protective clothing
Safe storage of articles & substances
Information on safety
Appropriate training & supervision
Prepare & continually update a written statement on the health & safety policy of the company & circulate this to all employees (if there are five or more of them). Allow for the appointment of safety representatives selected by a recognised trade union. Safety representatives must be allowed to investigate accidents or potential hazards, follow up employee complaints & have paid time off to carry out their duties. Requires all employees to:
Take reasonable care of their own health & safety & that of others who may be affected by their activities. Co-operate with their employer & anyone acting on his/her behalf to meet health & safety requirements Research materials included the Health & Safety Work Act 1974.
What is COSHH?
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: Finding out 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 businesses use substances, or products that are mixtures of substances. Some processes create substances. These could cause harm to employees, contractors and other people. Sometimes substances are easily recognised as harmful. Common substances such as paint, bleach or dust from natural materials may also be harmful.
RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
What is RIDDOR?
It stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. These regulations came into force on 1 April 1996. Why do I need to know about RIDDOR?
RIDDOR requires you to report work related accidents, diseases and dangerous occurrences. It applies to all work activities. Why should I report?
Reporting accidents and ill health at work is a legal requirement When do I need to make a report?
If there is an accident connected with work and:
• Death or major injury- if an employee, self–employed person or a member of the public is killed or taken to hospital. You must notify the enforcing authority without delay. • Over three day injury – accident report form (F2508) needs to be completed and sent to the enforcing authority within ten days. An over three day injury is one which is not major, but results in the injured person being away from work or unable to do the full range of their normal duties for more than three days (including any days they wouldn’t normally be expected to work such as weekends, rest days or holidays) not counting the day of the injury itself. • Disease – if a doctor notifies you that your employee suffers from a reportable work-related disease you must send a completed disease report form (F2508A). • Dangerous occurrence – If something happens which does not result in a reportable injury, but which clearly could have done, it may be a dangerous occurrence, which must be reported immediately to the enforcing authority.
Who do I report to?
In general, you should contact the Environmental Health Department of your local authority. The address and telephone number will be in the telephone book under the authority’s name.
What records do I need to keep?
You must keep a record of any reportable injury, disease or dangerous occurrence for three years, after the date on which it happened. Definition of major injuries, dangerous occurrences and diseases are: • Fracture other than to fingers, thumbs or toes
• Dislocation of the shoulder, hip, knee or spine
• Loss of sight (temporary or permanent)
• Chemical or hot metal burn to the eye or any penetrating injury to the eye • Injury resulting from an electric shock or electrical burn leading to unconsciousness or requiring resuscitation or admittance to hospital for more than 24 hours • Any other injury: leading to hypothermia, heat-induced illness, unconsciousness, requiring resuscitation or requiring admittance to hospital for more than 24 hours • Unconsciousness caused by asphyxia or exposure to harmful substances or biological agents • Acute illness requiring medical treatment, or loss of consciousness arising from absorption of any substances by inhalation, ingestion or through the skin • Acute illness, requiring medical treatment, where there is reason to believe that this resulted from exposure to a biological agent, its toxins or infected material
The Manual Handling Operations Regulations 1992
The regulations have been put in force to try to reduce the very large incidences of injury & ill health arising from the manual handling loads at work. The regulations apply to all work activities with the exception of those normally covered by merchant shipping legislation for which there are separate regulations. The regulations are concerned with the risk of injury from a manual handling operation & not with the risks posed by loads, which are seen to be hazardous. The definition of a manual handling operation is any “transporters or supporting of a load including the lifting, pulling, pushing, putting down, carrying or moving by hand or by bodily force”.
The employer should:
• avoid the need for hazardous manual handling, as far as
• assess the risk of injury from any hazardous manual handling that can’t be avoided
• reduce the risk of injury from hazardous manual handling as far as reasonably practicable
Employees have duties too. They should:
• follow appropriate systems of work laid down for their safety • make proper use of equipment provided for their safety
• co-operate with their employer on health & safety matters • applying the duties of employees, as appropriate, to their own manual handling activities
• take care to ensure that their activities do not put others at risk Avoid manual handling where possible: where it is unavoidable adopt the following:
• a good posture when lifting from a low level. Bend the knees, but do not kneel or over flex the knees. Keep the back straight tucking in the chin helps. Lean forward a little over the load if necessary to get a good grip. Keep the shoulders level & facing in the same direction as the hips.
• get a firm grip; try to keep the arms within the boundary formed by the legs. The best position & type of grip depends on the circumstances & individual preferences, but it must be secure. A hook grip is less tiring than keeping the fingers straight. If you need to vary the grip as the lift proceeds, do it as smoothly as possible. • keep close to the load; keep the load close to the trunk for as long as possible. Keep the heaviest side of the load next to the trunk. If a close approach to the load is not possible slide it towards you before you try the lift. • don’t jerk-lift, keep control
• move the feet, don’t twist the trunk when turning to the side • put down, then adjust if precise positioning of the load is necessary, put it down first & then slide it into the desired position. Risk assessments are necessary to assess what risk there is to the individual & to look at all the ways that can be tried to prevent injury. Research materials included The Manual Handling Operations Regulations 1992 (HSE).
Organisations for support and information:
They aim to improve organisations and working life through better employment relations. This is done by supplying up-to-date information, independent advice and high quality training, and working with employers and employees to solve problems and improve performance. Trade Unions:
They are organisations which represent employees in discussions about terms and conditions of service, i.e. pay, working hours etc. There are different trade unions for different types of work. An employee has the right to join a trade union but no one has to belong. Citizens advise bureau:
To provide advice to people for the problems they face
The service provides free, independent, confidential, and impartial advice to everyone on their rights and responsibilities. It values diversity, promotes equality and challenges discrimination
Work related information:
Contract of Employment: What should be included?
The following should be provided in writing within 2 months of starting. Name of employer and employee
Date when employment began
Scale and rate of wages
How often are wages paid
Hours of work and any conditions related to them
Length of notice of termination of contract
Job title or brief job description
Place of work
Amount of wages before any deductions
Individual amount of any fixed deductions
Individual amount of any variable deductions
Net amount of wages
National Insurance number
Pay Slips- What they look like and what should be included:
The grievance procedure should be in writing, and should tell you: • Who you should complain to first (often, you are asked first of all to try to resolve the problem with the person concerned) • Whether or not the complaint must be in writing
• How soon after the incident you must make it
• Which people will be involved in dealing with it?
• What the outcome could be, and
• How long each stage will last
There are normally 3 stages:
CRB’s- renewed every 3 years
CRB Checks are carried out – and must be carried out – for anyone who wishes to work with children, the elderly or individuals who might otherwise be classed as vulnerable. The Criminal Records Bureau (CRB) is able to provide information about an individual as to whether or not he or she has a criminal conviction or has been charged with a criminal conviction which has expired. This information is gathered from a number of sources and collated by the Criminal Records Bureau (CRB) who will provide the applicant with what is known as a ‘disclosure’. This disclosure – as we have already mentioned – enables a prospective employer be they a school, residential or children’s home or any institution where children, the elderly or vulnerable people reside, to decide for themselves if an applicant is suitable for employment. Given recent upturns in certain crimes against the self; assault, sexual assault, child abuse etc, the demand for Criminal Records Bureau disclosures have increased dramatically.
An enhanced disclosure will show everything relating to arrests and convictions and any other information that the police or other law enforcement agencies may hold in relation to you. It is worth remembering as well that if you were cautioned by the police for whatever reason – should it even have been a caution received as a minor – this too will show up on your CRB disclosure http://www.workingwithkids.co.uk/CRB-checks.html
A job description is a list that a person might use for general tasks, or functions, and responsibilities of a position. It may often include to whom the position reports, specifications such as the qualifications or skills needed by the person in the job, or a salary range. Job descriptions are usually narrative, but some may instead comprise a simple list of competencies; for instance, strategic human resource planning methodologies may be used to develop a competency architecture for an organization, from which job descriptions are built as a shortlist of competencies. http://en.wikipedia.org/wiki/Job_description
An organizational chart is a diagram that shows the structure of an organization and the relationships and relative ranks of its parts and positions/jobs. http://en.wikipedia.org/wiki/Organizational_chart
*Create an organisational chart of your setting
A performance appraisal, employee appraisal, performance review, or (career) development discussion is a method by which the job performance of an employee is evaluated (generally in terms of quality, quantity, cost, and time) typically by the corresponding manager or supervisor. A performance appraisal is a part of guiding and managing career development. It is the process of obtaining, analyzing, and recording information about the relative worth of an employee to the organization. Performance appraisal is an analysis of an employee’s recent successes and failures, personal strengths and weaknesses, and suitability for promotion or further training. It is also the judgment of an employee’s performance in a job based on considerations other than productivity alone
Roles within the health, social care and children and young people’s workforce: Nursery nurse: Job description and activities
Nursery nurses are often not usually graduates. They assist qualified teachers in nursery, infant or primary classes, and are employed by schools, day nurseries, family centers, hospitals, private nurseries and in private households as nannies. Typical work activities include:
helping children with their learning, play, educational and social development; feeding, washing and cleaning young children;
supporting workers in community settings;
making and maintaining learning materials and resources.
Part of the role may also involve liaising with other professionals, such as social workers and medical staff
Social Worker: Job description
A social worker works with people who have been socially excluded or who are experiencing crisis. Their role is to provide support to enable service users to help themselves. They maintain professional relationships with service users, acting as guides, advocates or critical friends. Social workers work in a variety of settings within a framework of relevant legislation and procedures, supporting individuals, families and groups within the community. Settings may include the service users’ home, schools, hospitals and the premises of other public sector and voluntary organisations. Qualified social work professionals are often supported by social work assistants. They also work closely with other health and social care staff. Typical work activities
Over 50% of social workers work with young people and their families. They may also work with the following groups: young offenders;
people with mental health conditions;
drug and alcohol abusers;
people with learning and physical disabilities;
Care worker jobs improve the lives of vulnerable people. You will work with people on a weekly or daily basis assisting them in practical activities such as going to the shops. Typical care worker jobs involve working in a care home or visiting people in their own homes. It is a very rewarding career. Care Worker Job Description: typical responsibilities
Caring for you clients, who can include: children, the elderly, people with disabilities and families; by assisting with medications to helping with household chores. You may be liaising with people from other departments such as; social services, housing officers and GP’s, so you will need to have good communication skills. You will need to be sensitive to people of different backgrounds and be able to communicate well with your clients. A second language may be required in some cases. Generally you will need to be a caring and patient person Some residential care worker jobs require you to have a full and clean driving license http://www.publicjobsdirect.com/Social-Care-Jobs/Care_Worker_Jobs
When planning your career you need to follow 4 steps:
Gather information on yourself including your interests, values, goals and skills
Explore the area you are interested in, research the roles you are interested in. You could also look at volunteering or job shadowing to get a real life experience of the job.
Match the above with possible occupations that you are interested in. Narrow it down for example in the care sector there are numerate job roles.
Plan step by step what you need to do to get to the dream job. Do you need qualifications?
Sector Skills Council
For health and social care and the children and young peoples workforce the Sector Skills council is Skills for Care and Development. Please look at the website for more information which you can then break down into either:
Skills for Care- health and social care or Children’s Workforce Development Council (CWDC) – Children and young people
Website is as follows: http://www.skillsforcareanddevelopment.org.uk/view.aspx?id=9
Care Quality Commission (CQC) – Health and Social Care
They are the independent regulator of health and social care in England. “We regulate care provided by the NHS, local authorities, private companies and voluntary organisations. We aim to make sure better care is provided for everyone – in hospitals, care homes and people’s own homes. We also seek to protect the interests of people whose rights are restricted under the Mental Health Act.” http://www.cqc.org.uk/
“We inspect and regulate to achieve excellence in the care of children and young people, and in education and skills for learners of all ages.” http://www.ofsted.gov.uk/
Issues of public concern:
Throughout recent years our sectors have faced issues of public concern these include: Victoria Climbie
The Caldecott Enquiry
These have changed the way we work within our sector and have had a massive impact. These are very public cases and they have affected the public view point, these cases can damage the ‘image’ of the sector but can also have positive outcomes and change our working practices for the better. (Although it should be pointed out that these types of cases should not have to occur for this to happen) The public often need to be re-assured that those who work within the care sector are competent, ways in which we can assure the public is through staff obtaining the relevant qualifications set by the regulatory body, constant updating of policies, procedures, CPD and being aware of changes effecting the sector which are available on Skills for Care and the CWDC.