Employment rights and responsibilities in health and social care

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Employment responsibilities and rights in health, social care or children and young people’s settings

Unit Purpose
This unit is aimed at those working in a wide range of settings in the health, social care or children and young peoples settings

The unit covers
 Statutory responsibilities and rights of employees and employers  Awareness of own occupational role and how it fits within the sector  Agreed ways of working with employer
 Career pathways and progression routes
 Issues of public concern and how these may influence changers within the sector

AC 1.1 & 1.2 Know the statutory responsibilities and rights of employees and employers within own area of work – put in your own words

LegislationAspects and features of Legislation

Data Protection Act 1998
The Data Protection Act 1998 is designed to protect any information stored about us and also to make sure that it is used correctly. Data stored could be facts about us or even our opinions. Anybody who has access to any personal information on any other living individual is affected by these laws and should be made aware of their duties as a result. Your rights as an employee;

As an employee you have certain rights under the Data Protection Act 1988. You are allowed to know what personal data the employer is storing, how the information is stored, for example on a computer or in a filing system. You also have the right to know who will have access to this data, why the data is required and what the information will be used for. It is extremely important that this information is kept safe and that no unauthorized people have access to it. The Data Protection Act has 8 main principles. The Data Protection Act is described in more detail in .

Freedom of Information Act 2000

Protection from harassment Act 1997

An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records

Is the main Legislation dealing with harassment. It creates 2 criminal offences  & and also authorises civil courts to award damages and make injunctions in harassment cases . Though it was passed passed primarily because of concern about the wording of the Act allows it to be used to cover other types of harassment as well as ‘stalking primarily because of concern about the wording of the Act allows it to be used to cover other types of harassment as well as Stalking.

Bullying and Harassment
Bullying can include public insults, unfair or excessive criticism of you work, repeatedly changing or setting unrealistic work targets, shouting and general abusive behaviour.
There are steps you should take if you witness or experience bullying at work, such as reporting it to your line manager, keeping a diary, seeking medical advice if your health is affected.

Children’s Act 2004

An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons;

to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children

Employment Act 2008

The Employment Act 2008 strengthens, simplifies and clarifies key aspects of UK employment law. The Act brings together both elements of the Government’s employment relations strategy – increasing protection for vulnerable...
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