Discuss and demonstrate your understanding of employment legislation and practice that has to be adhered to when managing the provision of your service.
2. Staff training
The Single biggest piece of legislation that has recently come into force is the equality act 2010, it became law in October 2010 and it replaced a lot of previous legislation that provides a more effective legal framework for preventing discrimination. It replaces;
• the Equal Pay Act 1970
• the Sex Discrimination Act 1975
• the Race Relations Act 1976
• the Disability Discrimination Act 1995
• the Employment Equality (Religion or Belief) Regulations 2003 • the Employment Equality (Sexual Orientation) Regulations 2003 • the Employment Equality (Age) Regulations 2006
• the Equality Act 2006, Part 2
• the Equality Act (Sexual Orientation) Regulations 2007
The act brings together so much to ensure there is consistency in making the work place a fair environment. There are a lot of key changes and new principles that it introduces, firstly it introduces protected “characteristics” these being such things as;
• gender reassignment
• religion OR belief
• sexual orientation
• marriage or civil partnership
• pregnancy or maternity
Some things have stayed the same, such as when direct discrimination occurring as a direct result from a disability for example. Some things have changed, now it is against the law for anyone to create an environment that is offensive to them, this is harassment. Extended changes include new principles like associative discrimination, this is where someone is discriminated against because they associate with someone with a protected characteristic. Indirect discrimination and third party harassment has been introduced where if an employer is liable for other people’s actions even if it is not them doing it. This is linked to changes in harassment law too, as an employee can complain of behaviour they find offensive even if it is not directed at them. The act also makes changes to victimisation, most notably to anyone who makes or supports a claim under the grievance act. With regards to recruitment section 60 of the act refers to enquiries about a person’s disability or health, as a summary a person’s disability is regarded as there health and the act clearly states that;
1) A person (A) to whom an application for work is made must not ask about the health of the applicant (B)- (a) Before offering work to B, or
(b) Where A is not in a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work.
On October 2007 the Equal Opportunities commission, commission for racial equality and the disability rights commissions' work was brought together to form the Equality and human rights commission and these are whom enforce the equality legislation.
Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, this is basically an act that prevents less favourable treatment of people comparable to those on a permanent contract.
Rehabilitation of Offenders Act 1974, this act says that someone who has committed an offence may after a period of time have the conviction 'spent' this means that (with some exceptions) an employer may not ask if they spent convictions. Due to our profession we follow the Rehabilitation of Offenders 1974 (Exceptions Order) 1975 and this gives us an exemption to the act as it is appropriate for us to know about any convictions that an individual may have.
The above act is subject to the Data protection act 1998 and this imposes...