Employment Rights And Responsibilities Essay Sample

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These apply to all Work environments. . Labour law covers the deal between employee and employer. Health and safety laws cover the work conditions, and minimum wage and other laws set the basic compensation rate.

Equality Act 2010 – The Equality Act 2010 legally protects people from discrimination in the workplace and in a broader society. It replaced previous anti-discrimination laws with a one single Act, making the Equality Act easier to understand and making the protection in some situations. It sets out the different ways in which it’s unlawful to treat someone. Health and Safety at work Act 1974- The Health and Safety at Work etc Act 1974 is the main piece of legislation covering occupational health and safety in Great Britain. It places general duties on employers, people in control of premises, manufacturers and employees.

Employment Rights Act 1996- The Employment Rights Act 1996 sets out the statutory employment rights of workers and employees. If these employment rights are breached, the Employment Rights Act 1996 gives the Employment Tribunals powers to order compensation to workers and employees. 1.3- Employment laws exist so that all who are employed are treated the same and equally, also so that everyone is given a fair trial and everyone is protected. It is to prevent exploitation, so that employees are not underpaid. Employment law exists because you could be endangered at work, you may also face bullying or discrimination. Also it is so that employees can have a contract, so that they are fairly treated and have their own rights. 1.4- For further information about employment I would go to the internet and search relevant websites such as www.cqc.co.uk , www.direct.gov , www.hcpc.co.uk and www.unison.co.uk. I could also telephone or contact unison directly, CQC or the council. I would also read leaflets which are available about employment at the library, local hospital and the doctors. Outcome 2

2.1- My contract of employment states that the job purpose is to support adults with learning disabilities, the role is to support their physical, emotional and social requirements. The duties include assisting with personal, physical and social needs as appropriate for each individual. The role will also include any domestic duties in the home as required. Some of the tasks which are stated in my contract of employment are assisting with preparing service users with going to bed and getting up in the morning, which will likely include personal care and preparing their breakfast and other meals. My role especially includes that all service users are to be treated with their dignity and rights of choice at all times with particular attention to vulnerable and anxious individuals. Day to day cleaning of the home is another one of the tasks stated in my contact, so hovering and polishing. Also to ensure that all electrical items are switched off when not in use. My role also includes to administer meds to the correct service users and to be remain with the individual until they have taken it. Also to ensure that all individuals are safe and happy in their day to day life.

2.2-My payslip must have my name, my address, my bank details, so the company can pay me correctly. It will have the address of the work place, due to the payslips being delivered there, it will have the name of the company on it. It will have my correct tax codes on it, so that I can check I am being taxed the correct amount. It will also have my gross pay and my net pay. My payslip also has the amount of overtime I have done the previous month and also the amount of sleep ins I have done, which are both added up to go into my net pay. 2.3- In the event of an employee wanting to make a grievance the employee should let the employer know their grievance in writing first. Once the employer has received the grievance letter they should then carry out any necessary investigations, to establish the facts of the case.

Employers should hold a grievance meeting, to give the employee an opportunity to put their grievance, and their suggested solutions. The employers should allow employees to be accompanied at the meeting if that’s their choice. Employers should also allow an employee to appeal if not satisfied with the outcome 2.4 – The information that needs to be kept up to date is the current address of an employer, in order for them to receive relevant information. Up to date bank details is also important for the employer, so that employees can be paid accordingly. Other information which should be kept up to date is telephone numbers, so employers can be contacted if necessary. Any changes to health must be made aware of also, so that employers can carry out relevant risk assessments if they need to.

2.5 -Policies and procedures or “agreed ways of working” set out how your employer requires you to work. They incorporate various pieces of legislation as well as best practice. They are there to benefit and protect you, the individuals you support and your employer. They enable you to provide a good quality service working within the legal framework and most importantly aim to keep you and the individuals you support, safe from danger or harm. Data protection- this ensures that all data within the setting is kept in a locked cabinet if it is about the individuals. Grievance- complaints procedure for client

Conflict management- Clear structure in handbook
Anti-discriminatory practice- equal opportunities
Health & safety- contract of agreement
Confidentiality- contract of agreement
Whistle blowing- policies and procedures/ handbook/ contract of agreement

Outcome 3
My role within the care setting is to make sure that the individuals I care for receive the best possible care and that everything I do within my role is for their best interests. I help to look after the physical and mental wellbeing of vulnerable adults in care. 3.2-

It is important when working within a care setting that all employees follow the correct procedures and work alongside the correct polices, this is so that individuals receive the best care. This is so that staff work towards the correct practice. If employees didn’t do this then the effect of bad practice would be that the individuals wouldn’t receive the best care. Poor practice takes place whenever staff fail to provide a good standard of care and support. It occurs when staff ignore the rights of service users or deny them the chance to enjoy an ordinary life. Poor practice which is allowed to continue can cause harm and can become abuse.

The representatives such as CQC and skills for care are organisations which are set out to ensure that people within the care sector are cared for efficiently. The Care Quality Commission (CQC) makes sure hospitals, care homes, dental and GP surgeries and all other care services in England provide people with safe, effective, compassionate and high quality care, and encourage these services to make improvements. The CQC does this by inspecting services and publishing the results on its website to help you make better decisions about the care individuals receive. Skills for Care work with more than 17,000 adult social care employers and others to develop the skills, knowledge and values of the 1.5 million workers in the sector. By working with employers and sharing best practice, they raise quality and standards across the whole sector and help ensure dignity and respect is given at the heart of service delivery. 88% of skills for care customers would recommend to other employers.

Outcome 4
Me and my job sheet.

Outcome 5-

5.1, 5.2
Baby P was just 17months, when he met a shocking death. His name was Peter Connolly and his mother, her boyfriend and his brother were eventually convicted of causing or allowing his death. Peter was living in London with his mother and her boyfriend. The facts were shocking, Baby P had 50 injuries including a broken back, over the period of eight months, during this period he was repeatedly seen by Haringey Children’s service and NHS professionals. Baby P was failed by every agency he came into contact with, according to The Telegraph. The Care Quality Commission investigated the actions of one PCT, two NHS Trusts and a Children’s Hospital who cared for Baby Peter and identified a number of issues that health bodies need to take account of when safeguarding children. This report is simply the springboard for a full review to be undertaken by the Care Quality Commission at the request of the Secretary of State for Health into all NHS Trusts across England to ensure that they are meeting their obligations to safeguard children.

Orchid View was a care home situated in West Sussex, it was made very public after it saw 19 unexplained deaths, five of those death involved neglect. An inquest last year found all 19 people whose deaths were unexplained had received “suboptimal” care. Orchid View, which was run by Southern Cross in Copthorne, closed in 2011. Several examples of poor care and neglect were revealed during an inquest, BBC News Sussex reports that A woman who had not stood for six months was pulled out of her chair to a standing position, A dementia sufferer’s broken ankle went undiagnosed for days, nurses shut doors on elderly people if they called for help, An elderly woman was left in a toilet and forgotten and Sticky tape was used to secure a resident’s dressing. But despite this it was rated as “good” by the Care Quality Commission (CQC), and vulnerable residents continued to be placed there at taxpayers’ expense – even while investigations were going on.

It was able to continue advertising itself as rated “good” for much of the period before it was closed down. The telegraph states that reports carried out detail more than 35 separate “safeguarding alerts” to social workers at West Sussex County Council, relating to dozens of residents, the first of which were registered within three months of the home opening in October 2009. Yet the council continued to place vulnerable elderly people there until later in 2010. That included several months after the alerts had got to a higher level. Although the council did eventually suspend publicly-funded placements at the home, this was only temporary. The suspension was lifted around the time when a series of new concerns were raised and the council continued to send people there until August 2011 by which time police were investigating five deaths.

Crucially, even then, the home continued to take in privately funded residents, who did not qualify for help from social services because they were not deemed poor enough as they still had assets such as a house. Orchid View was only stopped from doing so almost two months later, after the decision had been taken to shut it down. Yet, even as the neglect and abuse went on, meetings involving the company, social services and the CQC took place to discuss issues such as “systemic failings” in administering medicines. At one point a pharmacist from Boots arrived to carry out a routine audit of the management of medicines and found 28 separate medication errors as well as “chaotic and unhygienic storage” and poor management of supplies.

5.3 The cases of reported abuse have affected the public views by making them more aware of abuse going on and what it can do to those involved. The cases of abuse have made the care sector more aware of how much staff need to be trained in the area that they are working. The care sector as a whole have redesigned services and made them better funded to enable service users to a better quality of life.

5.4  My place of work has been affected by CQC inspections by that they are more regular, to ensure that both employer and employee are working correctly to ensure that service users are receiving the best care, also that the correct infection control is being carried out. Employees are receiving better relevant training, so that they are correctly trained in working specifically in their area, such as learning disabilities, elderly or other individuals in the care sector. Employees are now more knowledgeable about keeping themselves and the individual’s safe by doubling up staff on personal care tasks, so that no untrue allegations can be made by the service user. I believe that in some cases the publicity has been beneficial in increasing standards by giving a lot of different opinions about what they believe is the correct thing within working in the care sector.

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