Err Assigments
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
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