unit err

Topics: Employment, Working time, Health care Pages: 29 (9615 words) Published: December 14, 2013
Unit: ERR

Tania Isabel Sequeira 03/07/2013

Unit 1: understanding employment responsibilities and rights in health, social care or children’s and young people’s settings

1.
1.1
Some of the aspects of employment covered by law are minimum wage; discrimination; health and safety; holiday entitlement; training; dismissal; redundancy; disciplinary procedures; union rights and consultation; maternity, paternity and adoption leave and grievance

1.2
In UK, the main features of current employment legislation covers three main areas: Employment Rights; Equalities and Discrimination Law and Health and Safety Legislation Employment Rights
The employment rights depend on the statutory rights and the contract of employment The contract of employment cannot take away rights that the employee has by law. If, for example, a contract states that the employee is only entitled to two weeks paid holiday per year when the law states that all full time employees are entitled to 28 days paid holiday per year, this part of the contract is void and does not apply. Statutory rights are legal rights based on laws passed by Parliament. Nearly all workers, regardless of the number of hours per week they work have certain legal rights. There are some workers who are not entitled to certain statutory rights Unless the employee is in the group of workers who are excluded, the employee will have the following statutory rights: - the right to a written statement of terms of employment within two months of starting work - the right to an itemised pay slip. This applies from the day the employee starts work - the right to be paid at least the national minimum wage. This applies from the day the employee starts work - the right to paid holiday. Full time employees are entitled at least 28 days per year. Part time employees are entitled to a pro rate amount. - the right to time off for trade union duties and activities. This applies from the day the employee starts work. The time off does not necessarily have to be paid. Employees also have the right to be accompanied by a trade union representative to a disciplinary or grievance hearing. If an employee takes part in official industrial action and is dismissed as a result, this will be an automatically unfair dismissal - the right to paid time off to look for work if being made redundant. This applies once the employee has worked for two years for that employer - the right to paid time off for study or training for 16-17 year olds - the right to paid time off for ante natal care

- the right to maternity, paternity and adoption leave
- the right to ask for flexible working to care for children or adult dependents - the right to take unpaid parental leave for both men and women and the right to a reasonable time off to look after dependants in an emergency - the right to carry on working until you are at least 65

- the right to notice of dismissal, provide you have worked for the employer for at least one calendar month - the right to written reasons for dismissal from the employer, provided the employee have worked for the employer for one year if started before 6 April 2012 or two years if started after that date. Women who are pregnant or on maternity leave are entitled to written reasons without having to have worked for any particular length of time - the right to claim compensation if unfairly dismissed

The employee may also have additional rights which may be set out in the contract of employment. Equalities and Anti-Discrimination Law
The Equality Act 2010 makes the employee rights not be discriminated against stronger. Discrimination means treating someone worse than other people because of who there are. The group of people who have the right not to be discriminated against have also been extended. People who belong to these groups have what are called protected characteristics. The Act now also protects the employee if...
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