employment rights

Topics: Employment, Working time, Discrimination Pages: 21 (4748 words) Published: October 22, 2014
Employment Responsibilities
and Rights in Health, Social
Care or
Children’s and Young People’s
Settings

Learner Name:
Assessor Name:
Date:

ERR Workbook (SM/V1 July 2013)

Page 1 of 21

All learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well.

You need to know the statutory responsibilities and rights of employees and employers within your own area of work.
Anti-discrimination1
The Equality Act 2010 combines previous anti-discrimination legislation into one act, and covers race, sex, sexual orientation, disability, religion or belief, gender reassignment, pregnancy and maternity, marriage and civil partnership and age. It protects against discrimination, harassment and victimisation.

The sex discrimination aspect of the law relates to all types of UK organisations, and covers: 







Recruitment
Employment terms and conditions
Pay and benefits
Training
Promotion and transfer opportunities
Redundancy
Dismissal

Everyone has the right to receive equal pay for work of the same value regardless of whether they are a man or woman.
All aspects of employment (or prospective employment) are protected from age discrimination, including:





Recruitment
Employment terms and conditions
Promotions and transfers
Training
Dismissals

All training and promotion opportunities should be publicised to all employees and open to everyone on a fair and equal basis regardless of age.
Employers cannot discriminate against workers because of a physical or mental disability or to fail to make reasonable adjustments to accommodate a worker with a disability. The Equality Act 2010 covers the following in relation to disability:









1

Application forms
Interview arrangements
Aptitude or proficiency tests
Job offers
Terms of employment including pay
Promotion, transfer and training opportunities
Work related benefits such as access to recreation or refreshment facilities Dismissal or redundancy

Information from www.direct.gov.uk
ERR Workbook (SM/V1 July 2013)

Page 2 of 21



Discipline and grievances

Anti-discrimination law also protects employees who have made a complaint or intend to complain about unfair treatment.
European Union (EU) anti-discrimination law has been adopted across all member states, including the UK.
Just as in the UK, if you employ anyone within the EU, you must make sure that you do not discriminate against them because of their racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This means:





Giving everyone in your company equal treatment at work and access to training Making sure that disabled people can work comfortably
Providing equal access to employment
Having an equal pay system

You will need to know about the Equal Opportunities policies and procedures in your workplace and any exemptions from the law, which is relevant to your occupation.

Sex discrimination
An employer cannot discriminate against you because:




Of your sex
You are married or a civil partner
You have gone through, are going through or intend to go through gender reassignment (this means someone who changes their sex under medical supervision)

Positive action
In some circumstances, the law allows an employer may encourage or offer support specifically to men or women (called ‘positive action’).
For example, an employer who has no women managers might offer some training in management skills only to women or encourage them to apply for management jobs. In some cases, a job can be offered to someone of a particular sex, because of what is called a ‘genuine occupational qualification’. Examples could include: 




Some jobs in single-sex schools
Jobs in some welfare services
Acting jobs that need a man or a woman

Age discrimination2...
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