Unit_1_Understanding_Employment_Rights_in_Health_and_Social_Care

UNIT 1: Understanding Employment Responsibilities and Rights in Health, Social Care or Children’s and Young People’s Setting Question one; 1.1 The aspects of employment covered by law are; anti-discrimination provisions e.g. gender, disability, religion, race, working hours & holiday entitlements, sickness , absence and sick pay; data protection, health and safety and Criminal Records Bureau checks. Discrimination; It is against the law for employees to discriminate when recruiting in the workplace on grounds of Race,Gender,Age or Disability. Disabled people are protected during recruiting and once in the workplace,this is because of the Discrimination act 1996 [DDA) Working hours; These are limited by the Health & Safety Executive and depend on if you are are under or over school leaving age Sickness and Absence; If more than four days are lost at work due to illness, one may be entitled to sick pay. This a minimum amount set by the government. this is known as (SSP) Statutory Sick Pay. Data Protection Act 1998; This came into force in 2000 and regulates ways that organisations collect store and process information,(personal data) about people.In my line of work this is used and there are legally eight forceable principles when processing data;1.must be processed lawfully,2,Only be processed for lawful purposes.3.It must be adequate and relevant for the purpose.4,Be accurate and kept up to date,5,It must not be kept for no longer than necessary.6.It must be processed in accordance with the data subjects rights. It must be kept safe and secure from loss or damage or destruction.8it can not be transferred to other countries without adequate protection for the rights and freedoms of data subject. Health&Safety; Both workers and employees have a legal responsibility to look after health and safety at work. The duties and responsibilities are are contained in the Health and Safety at Work Act 1974 with regards to my work settings. They are accepted by the company and they fully intend as far as possible to comply with the Act. CRB checks are an important responsibility for my employer and must ensure that they are carried out. The type of work I do requires additional checks because I am dealing with the elderly & the vulnerable. Another relevant example is the (ISA) Independent Safe guarding Authority. The Safe Guarding vulnerable groups Act 2006 provides a framework for Vetting and Barring Scheme (VBS) which is given by the ISA. The main aim is to prevent unsuitable people from working with children & vulnerable adults. They place these people on one or two ISA Barred lists. 1.2 The main features of employment legislation:- *Discrimination. * Disciplinary procedures *Health & Safety *Holiday Elements *Redundancy & dismissal *Training Discrimination In relation to the area I work in ,the company states in their Equal opportunities statement that they are committed equally to ensuring that clients and staff shall be entitled to equality of opportunities, irrespective of age, class, colour, disability, ethnic origin, religious belief, sex, sexual orientation, or any other similar factor. Disciplinary Procedures With regards to Disciplinary procedures within the company I work for, it states that the purpose of disciplinary procedures is to ensure the safe and effective op operation of the organisation and the fair and equal treatment of employees. Health & Safety There is a general statement that applies to all the people who work for Bare Hall Quality carers and all premises including clients homes and employees associated with it. The duties and responsibilities are contained in the health &safety at Work Act 1974. Although this is a general statement it is made more specific to staff by detailed COSHH (control of substances hazardous to health) and Risk assessments undertaken. Holiday elements. Employees of Bare Hall are entitled to 5.6 average weekly hours. Eight weeks notice must be given and timings to be agreed by the Manager. Training There is a requirement for new employees with the company to undertake training at NVQ level 2 and failure to do so could result in employment being terminated, Other training is not obligatory ,it is in the interest of the employee to attend. Redundancy and dismissal Redundancy within the company is based on particular work for which people are employed. Selections will be based on objective skills-criteria, any current disciplinary warnings and length of service . If the employees conduct or performance is unsatisfactory after going through the disciplinary procedure the final meeting will normally result in dismissal. The employee will be given a date of termination and informed of their right to appeal. 1.3 Legislation relating to employment exists to protect the rights of employers and employees. The rules and regulations have to be followed to prevent exploitation. 1.4 Sources of information and advice in relation to employment responsibilities and rights are available from:- (ACAS) Advisory Conciliation and Arbitration Service. They offer a help with free advice, confidential and impartial guidance on employment rights and work place issues, it helps both employees and employers in resolving problems. They also have specialised services including training, workplace projects, conciliation and mediation. Information and advice can also be obtained from (CAB) Citizen Advice Bureaux, Community legal a advice also give free confidential advice, they have specialist legal advisors on issues including debt, benefits, employment, education and family issues. HR department ( human resources) offer advice and information along with trade unions and representative bodies. My line Manager would be the first to approach for advice and information regarding employment responsibilities and rights within my own area of work. Question two; 2.1 My contract with Bare Hall Quality Carers is a written statement of employment. It states when my employment began. Conditions of pay are explained e.g. hourly rate and that I will be paid on a monthly basis into my bank account. It also states the hourly rates of pay for Bank holidays and over the Christmas period. Holiday leave is included in the contract and clearly states when the holiday year runs from and to. It explains how holiday pay is calculated and paid. There are procedures explained that I must follow in the event of sickness or injury. Although the company does not have a pension scheme I will be a member of the state pension scheme in conjunction with the employer. There are details of how much notice I must give in order to end my employment. The employer may terminate the employment without notice if the employer is guilty of gross misconduct in breach of the terms of employment. My contract describes my job title and place of work and what duties are expected of me. A section fully explains disciplinary and grievance procedures and suspension. The offer of employment may be subject to a satisfactory Criminal Records Bureaux check. Finally an acknowledgement of receipt of contract and agreement with all terms and conditions has to signed by both employer and employees and dated. 2.2 My wage slip shows the date, payroll ref and my name. It states the name of the company I work for. The amount of hours worked are shown within that month and the hourly rate that has been paid. Deductions are stated ie. Tax & National Insurance. These are then shown on a breakdown from my gross pay which when deducted gives me the sum of my net payment. 2.3 The procedure to follow in the event if a grievance within the company I am employed with would be to arrange an informal meeting. I would be encouraged to raise the grievance with the Manager. Feelings of unfair treatment often result from misunderstandings and careful communication and discussion can usually resolve these. If this meeting is not satisfactory then details of my complaint must be put in writing, using the complaints form. Further consideration will be given by my Manager in another meeting that would include others from my company and potentially advisors from outside. Normally a decision is made within 5 days and I would be notified in writing as well as verbally. I have the right to appeal against the decision if I am not satisfied. A further meeting would be arranged if I wish to appeal. This ideally will be held by someone not involved at the first meeting, after this meeting I would be informed of the final decision. 2.4 The types of information that must be kept up to date with my employer would be:- My name, address, telephone number(s);emergency contact and next of kin. National Insurance number, tax code, qualifications; disabilities, employment history, absence details, next of kin, training and personal data, Other details they may keep are employees absence details , any accidents connected with work and any disciplinary action. All personal data has to be managed with the principles of the Data Protection Act 1998 and the Freedom of Information Act 2000. The Data protection Act also gives you the right to know what information is held about you. This Act also makes sure that personal information held by my employer will be secure ,fairly and lawfully held, accurate and up to date, held for limited purposes and not kept longer than necessary. Employers use this personal information to allow them to make sure that the employee receives correct pay, holidays, pension and other entitlements and benefits.they can also make decisions with this information based on fact rather than guess work. Accurate personal records help with recruitment, training and development and promotion. 2.5 Examples of agreed ways of working with my employer are as follows; Holiday entitlement; Employees are allowed an annual holiday leave of 5.6 X average weekly hours. Holiday leave can only be taken in whole weeks only. The care sector works 24 hours a day and 7 days a week. The timings of leave is to be agreed with the Manager and 8 weeks notice must be given. Sickness procedures; if I am away from work because of sickness or injury, I must telephone the office immediately. Reporting sickness must be done personally. A self certificated sickness form must be completed. Statutory sick pay starts after the fourth qualifying day of sickness. A doctors medical certificate must be produced if I am off work for a week or more, this has to be produced on the eighth calendar day and before each certificate expires if the sickness persists. Question Three 3.1 My role as a home support carer ensures that the rights of the people I am caring for are met. I represent my company by agreeing to their terms and conditions to deliver good care. 3.2 My objective is to provide care to all clients to an excellent standard. To be responsive to individual needs of clients and to provide the highest possible quality of life achievable. To deliver service that will improve and sustain the overall quality of life. I also need to ensure that all clients have information on handling complaints, comments and complements. To deliver care attentively and in a non discriminatory fashion while respecting the individuals right to privacy, dignity, fulfilment and the rights to make informed choices and to take risks. 3.3 My role links to the wider sector because I liaise with other agencies to provide on going care such as arranging and attending appointments, treatments, therapy regimes, communicating with pharmacies and district nurses. National Occupational Standards bring together skills, knowledge and values They have a duty to set high standard s for those working in the care sector.. They want to make sure that everyone employed as a care worker is acting safely and in a way that makes the most of their skills. There is a code of practice that that has a set of standards that care workers must agree to work to. They explains what is considered acceptable behaviour for care workers and what people receiving services should expect. 3.4 Roles and responsibilities of representative bodies… Trade Unions, Once you are in employment you can join a trade union, Their aim is to protect your interests as a worker. They can help to negotiate better pay and working conditions. They offer support on furthering skills and can give advice on training. They can on your behalf negotiate with employers for better pay and working conditions. Legal and financial advice, sickness benefits, educational and practical advice to help overcome these problems, it can also give you grants towards extra employment costs. TUC; (Trade Union Congress) is a national organisation which represents trade unions in Britain. their main role is to act as a voice for working people.they campaign for polices which help the unemployed get back into jobs, . UNISON:is also a trade union 1.3 million strong representing members in all major public services. They are the main trade unionists for social workers in the UK. Question four;different types of occupational opportunities; Pathways available within my own and related sectors are;- *Care Home Manager. Care home managers are responsible for the day to day running of a residential home They oversee all activities within the home and make sure the quality of service and care meets the National Minimum standards for that type of home. Qualifications appropriate for this work would be an NVQ Level 4 in Health and Social Care. *Occupational therapy; Occupational therapists work in hospitals and various community settings. They can visit clients and carers at home to monitor their progress. Their work covers physical rehabilitation, mental health services, primary care, equipment for daily living amongst other things. Entry requirements that relate to me as an alternative to GCSE and A levels would be and may be accepted by universities are ;- A successfully completed access course such as BTEC National Diploma/ Certificates,NVQs. *Social Work; The social workers role includes working with people with mental health problems or learning difficulties in residential care ,working with offenders.Social workers form relationships with people and help them to live more successfully in their community and try to solve their problems. Entry for social work is an honours or post graduate degree in social work but Diploma in social work is still recognised as a valid social work qualification. *NNQ Assessor; They give support to individuals who are training to gain NVQs. They ensure that students meet the national work related standards required to get the qualification. Entry qualifications would be experience in the sector you plan to assess,Level 3 award in Assessing competence and Achievement, Vocational qualifications at level 3 or above would be an advantage. *Hospital Settings;-surgical wards, A&E, Out Patients Clinic, Working in the community with district nurses. 4.2 Sources of information related to chosen career; My Manager Direct Gov careers; They offer career advice and can find out what courses are available. They have a wealth of information to help plan a career. NHS Careers; This is an information service for careers in the NHS in England. College Web sites, such as jobsites ACAS; They offer a free website to obtain advice about further training. They also help both employees and employers in resolving problems along with specialised services including training, workplace projects, conciliation and mediation. Access to work; They can help people if their health or disability may affect your work. They provide advice for employees and employers and can give support with extra costs because of your needs. Trade Unions; In relation to my chosen career path the trade union can offer support on furthering my skills and give me advice on training. CAB.Citizens Advice Bureau; They can provide access to detailed and up to date information systems, as well as training courses. CLA (Community Legal Advice) This is a free and confidential advice service and can help with many issues ,one of them being education. Their website offers useful contacts about Adult learning and skills, from training and learning for work to financial help for adult learners. Additional Learning Support; This is a confidential support service for Disabled and Dyslexic students. They also offer support to students with other difficulties too. They provide advice about funding study and can assess needs based on medical reports. 4.3 Career Path; The next step on my career pathway would be hopefully after successfully obtaining an nvq2 in social care go on to achieve an NV3 with view to working in Social Care. I am not sure which avenue to take but I am happy in furthering the knowledge in the work I am in at present by doing this diploma. Question 5 5.1 Occasions where the public have raised concerns regarding issues within the sector; neglect Most recently an issue raised in the media that caused public concern were of reports on feeding the elderly (or the lack of it) and poor care in NHS Hospitals. The Quality Care Commission carried out spot checks at geriatric wards in a 100 hospitals, they found that 35 needed to make improvements,18 were failing to meet legal standards and there were(major concerns) at two trusts. The report concluded that pensioners were routinely denied the most basic of care because of a culture of neglect amongst staff Abuse; Spot checks to be carried out at a 150 residential centres after the BBC Panorama program uncovered systematic abuse. The Care Quality Commission admitted to failing to responding to whistleblower reports or spot problems during several inspections at a Bristol care home. An under cover reporter revealed horrific instances of prolonged abuse of vulnerable adults by low paid ,untrained care workers. 5.2 An issue of public concern; Baby ‘P’ The case of Baby ‘P’ was a classic case that concerned the public view of the sector. it was perceived as a significant and responsible for the decline in morale within the sector workers and with public becoming concerned about child protection. Lord Lamings review of Child protection was published on the 12th March 2009 and ordered by the government in the wake of baby ‘P’ case called for an overhaul of children’s social care. Ed Balls accepted all 58 of Laming recommendations and a £58 million social work transformation fund was available from 2009 to 2011 to improve training and development, 5,2 (cont) A rise in (section 31)of the children’s act followed the case of Baby ‘P’ in 2008.Under section 31 of The Children’s act 1989 local authorities can apply for a care or supervision order for children believed to be suffering, or are likely to suffer harm. Specifically this must be in certain circumstances. Results from a survey showed increased referrals to children’s social care since the case of Baby ‘P’ from Health visitors, midwives, school nurses, A&E departments and GPs,police and probation. Public criticism and other agencies referring to the case appears to have had a direct and indirect impact on morale. Recruiting staff for some local authorities is becoming a problem. Working particularly specialising in young children is making people think twice of entering the profession. 5.4 Recent changes in service delivery which have affected own area of work; Most recently there has been a drastic ‘cut’ in funds from the government to the elderly staying in their own homes Domestic visits have been severely reduced and in my opinion to many people who still need this. Services are being reduced and charges are in increasing .Older people who are remaining in their own homes healthy will and are ending up in hospital. With these cuts in place it puts more pressure on home support carers to do more tasks in the time allowed because in some cases their clients have no other means of help. Through this other aspects of care are being neglected. There has been an increase in domestic cleaning services and I believe they are offering more than just domestic duties. They are becoming more of a life line to those ‘to those who are house bound since home carers ceased this basic service. The result of this has lead to home support carers losing clients and work.