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201 Understand employment responsibilities and rights in health, social care or children’s and young people’s settings

Task A – Short Answer Questions

Ai: Imagine you are a newly appointed supervisor/manager within your service. You need to update your staff handbook to reflect current employment law. Identify three different sources of information you could use to enable you to do this. Once you have identified a reliable source of information:

1. Common law. Since all employees in the UK work under a contract of employment with their employer, the common law (particularly the law of contract) forms the legal basis of the employer/employee relationship. A contract of employment need not be but is usually recorded in writing. The parties are free to stipulate which law will be the governing law of the contract. However, certain mandatory statutory employment protection rights will apply regardless of the law of the contract. In addition, the law of tort will govern matters such as an employer’s liability for the acts of its employees and liability for industrial accidents.

2. Statute. Since the early 1970s there has been a dramatic growth in the amount of UK employment protection legislation which has supplemented the common law rules. The main employment law statutes are:-

Equal Pay Act 197
Health & Safety at Work etc Act 1974
Sex Discrimination Act 1975
Race Relations Act 1976
Trade Union and Labour Relations (Consolidation) Act 1992
Disability Discrimination Act 1995
Employment Tribunals Act 1996
Employment Rights Act 1996
Public Interest Disclosure Act 1998
Data Protection Act 1998
National Minimum Wage Act 1998
Human Rights Act 1998
Employment Relations Act 1999
Employment Act 2002
Employment Relations Act 2004
Disability Discrimination Act 2005

In addition, there is a substantial amount of secondary legislation in the form of regulations which contain further provisions which affect the employment relationship. In some cases the legislation is supported by Codes of Practice drawn up by various government agencies. Although the Codes do not have direct legal effect, they are often, and in some cases have to be, taken into account by Employment Tribunals when deciding whether an employer has complied with its statutory obligations.

3. European law. If UK domestic law has failed properly to implement EC Treaty obligations, individuals may rely on the EC Treaty in the UK courts. EC legislation has been particularly important in the areas of equal pay, discrimination and employees’ rights on business transfers. In addition, since the European Court of Justice is the final arbiter in matters of interpretation of European legislation, its judgments are important when it comes to questions relating to the interpretation of obligations derived from European Directives.

Aii
a) List three aspects of employment covered by law.

The THREE aspects of Employment covered by LAW are :
1. Hours of Work
2. Salary and Benefits
3. Holidays

b) List three main features of current employment legislation.

The THREE main feature of current employment legislation are:
1. Employment Rights
2. Equalities and Discrimination Law
3. Health and safety Legislation

Aiii Briefly outline why employment law exists.

- Employment law exist to protect the Employees and Employers by providing rules and regulations that must be followed.

Task B Your work role
For this task you will need the following:

• A copy of your contract of employment or employment agreement. If you don’t have a written contract of employment eg if you are employed as a personal assistant, discuss your terms and conditions with your employer and make notes to help you to complete the task;

• A recent payslip or pay statement;

• Access to your workplace policies and procedures or notes from a discussion with your employer...
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