Statutory Responsibilities and Rights of Employees and Employers

Categories: Rights

Essay, Pages 10 (2374 words)

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1. Know the statutory responsibilities and rights of employees and employers within own area of work.

1.1. List the aspects of employment covered by law.Minimum wage, hours working, discrimination, health and safety, holiday entitlement, redundancy and dismissal, training, disciplinary procedures, union rights and consultation. Labour covers the deal between employee and employer. Health and safety covers the work conditions, minimum wage and the other laws set compensation levels the disability act, data protection act and the medicine

1.2. List the main features of current employment legislation.

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•Pay :- being paid and payslips, company sick pay rights and performance-related pay •Employment contracts and conditions:- contract of employment, changes to employment conditions and breach of contract •The national minimum wage :- the national minimum wage rates and calculating the national minimum wage •Time off and holidays :- annual leave and holiday, time to train ( request time at work to learn new skills) and time off for dependants •Working hours: - working time limits (the 48 hour week), rest breaks and over time.

•Flexible working :- the right to request flexible work, working from home and part- time work •Sickness absence:- time off for sickness and statement of fitness for work( fit note) •Business transfers and takeover:- employment protection during business transfers and takeovers and transfers of employment contracts

1.3. Outline why legislation relating to employment exists.To stop employers abusing and taking advantage of its employees, it protects against discrimination at work and means all employees gets fair and equal pay, health and safely at work, all employees have contacts an employer’s sticking to them.

1.4. Identify sources and types of information and advice available in relation to employment responsibilities and rights.Hr. department, manger, hand book, policy documents, job description, terms and conditions, contract citizens advice bureau, community legal advice, the equality act 2010, health and social care act 2008, the sex discrimination act 1975 and code of practice, the race relations act 1976 and code of practice, race relations(amendment) act 2000, the disability discrimination act 1995 and code of practice, data protection act 1998—guidance 2002, employment rights act 1996, employment act 2002, national minimum wage act 1998, working time directive and working time regulations 1998, the gender (re-assignment ) act 1999, harassment act 1997, health and safety act 1974, the health and safely young person’s regulation march 1997,the health and safety (first aid) regulations 1981, human rights act 1998, public interest disclosure act 1998 (whistle blowing charter), sexual discrimination act 1976 and proposed code of practice – recruitment and employment of gay men and lesbians

2. Understand agreed ways of working that protect own relationship with employer.

2.1. Describe the terms and conditions of own contract of employment.My job title which tells me my job role. Rate of pay which tells me how much I will be paid yearly. Holiday entitlement which tells me how many days off I have a want the nursery is closed of different holiday. It tells where I work. It tells me how often I will be paid. It tells me I will get sick pay. It tells me how much notice I have to give if I want to leave the job.

2.2. Describe the information shown on own pay statement.My payslip shows my name so I know I have the right one. My employer so people know where I work. Employee number which is unique to me. My gross and net pay which is my pay before and after tax. It show if I have worked any overtime and how much I was paid for it. It show how much tax I have paid that month and year to date and want tax period we are in. It show me N.I. number which is a unique to me.

1.4. Identify sources and types of information and advice available in relation to employment responsibilities and rights.Hr. department, manger, hand book, policy documents, job description, terms and conditions, contract citizens advice bureau, community legal advice, the equality act 2010, health and social care act 2008, the sex discrimination act 1975 and code of practice, the race relations act 1976 and code of practice , race relations(amendment) act 2000, the disability discrimination act 1995 and code of practice, data protection act 1998—guidance 2002, employment rights act 1996, employment act 2002, national minimum wage act 1998, working time directive and working time regulations 1998, the gender (re-assignment ) act 1999, harassment act 1997, health and safety act 1974, the health and safely young person’s regulation march 1997,the health and safety (first aid) regulations 1981, human rights act 1998, public interest disclosure act 1998 (whistle blowing charter), sexual discrimination act 1976 and proposed code of practice – recruitment and employment of gay men and lesbians

2. Understand agreed ways of working that protect own relationship with employer.

2.3. Describe the procedures to follow in event of a grievance.I will inform oivettti or Sarah of the nature of my complaint. One of them will hold a meeting with me to discuss the complaint and I will be allowed to be accompanied by a colleague at this meeting. They will decide on appropriate action but I am allowed to take my grievance further if it is not resolved satisfactorily.

2.4. Identify the personal information that must be kept up to date with own employer.My home address, phone name, long-term illness, pregnancy, change of sex and criminal charges.

2.5. Explain agreed ways of working with employer.The agreed ways are the work my normal hours and additional hours like open days and special school functions, give one month’s notice termination

3. Understand how own role fits within the wider context of the sector.

3.1. Explain how own role fits within the delivery of the service provided.my role is to provide a safe, stimulating and caring environment where children can reach their full potential. To plan, implement and evaluate long-and short-term plans to meet the needs of individual children using "Birth – Three Matters" materials. Ensure that every one has equal access to services regardless of ethnicity, gender, culture, disability or lifestyle in accordance with Equal Opportunities policies at the school. To ensure that my practices adheres to the agreed aims, objectives, policies and procedures of the school. To provide a high quality, practical and welcoming learning environment for the children. To assist in the effective delivery of the Nursery curriculum for 0 – 3 year olds. To contribute to the Nursery meeting and exceeding OFSTED standards. To follow and maintain procedures for regular review and assessment of each child’s progress.

To contribute to an effective parent liaison programme. To follow school complaints procedure when required. To support the transition of children within the Nursery to other educational/care settings, ensuring continuity of learning. To attend regular supervision, team meetings and training as required by the Manager. To participate in annual appraisals. To take part in all aspects of the daily routine, including toileting, nappy changes, and basic meal preparation and cleaning duties. To maintain high standards of accuracy and confidentiality in record keeping.

3.2. Explain the effect of own role on service provision.the effect of my role is that the parent feel the nursery is safe and the children feel happy there, so they will be able to learn in the a safe, stimulating and caring environment so they can reach their full potential. I make sure the children are happy and well care for thought out the day and that they are progressing as they should.

3.3. Describe how own role links to the wider sector.It is that the nursery work to its betters to make sure all the children are happy, safe , well care for and learning as they should and that the nursery is following all the laws and rule set out by the Ofsted and the government .

3.4. Describe the main roles and responsibilities of representative bodies that influence the wider sector.Ofsted:- they are the Office for Standards in Education, Children’s Services and Skills. They report directly to Parliament and are independent and impartial .they inspect and regulate all services which care for children and young people, and those providing education and skills for learners of all ages. Every week, they carry out hundreds of inspections and regulatory visits throughout England and publish the results on their website. They work with providers which are not yet good to promote their improvement, monitoring their progress and sharing with them the best practice they find. The government :- they are responsible in making sure that all service which care for children and young people are following the laws they set out and are not breaking any of them.

4. Understand career pathways available within own and related sectors.

4.1. Explore different types of occupational opportunities.Playground workers, practitioner in a children’s centre , day nurseries, nursery school or reception class, registered child minder and nanny.

4.2. Identify sources of information related to a chosen career pathway.the new papers, the internet, schools, job centre
4.3. Identify next steps in own career pathway.The next step in my career path will be room leader I will be responsible for to running of the room and making sure all the staff in the room are working to they fully to make sure all children are happy, safe and learning

Learning outcomes
The learner will:Assessment criteria
The learner can:Answer
5. Understand how issues of public concern may affect the image and delivery of services in the sector.5.1. Identify occasions where the public have raised concerns regarding issues within the sector.Occasions where the public have raised concerns in the sector is when nursery worker are charged with child abuse, child neglect or child pornography. Like when nursery nurse Vanessa George, who abused babies and toddlers in her care, swapped her collection of images with the two other accused, it was found staff were unwilling to challenge her overtly sexual behaviour for fear of being seen as “prudish”. she was charged with seven offences against children in her care and of Paul Wilson who was employed as fully qualified nursery nurse even though the nursery had not made an up-to-date Criminal Record Bureau check and he had not completed his college course.

It also shows that student colleagues at the nursery had raised concerns about him having a ‘special relationship’ with a vulnerable toddler and they told their college tutor that he had taken children to the adult toilet on his own and sat them on his lap. The concerns were forwarded to Birmingham Children’s Social Care and a superficial investigation carried out, but no action taken. Government inspectors Ofsted also received an anonymous complaint and too carried out an investigation, but crucially did not speak to him. Paul Wilson also raised concerns with Ofsted, it is thought in an attempt to deflect attention away from him. He is remanded in custody

5.2. Outline different viewpoints around an issue of public concern relevant to the sector.The public feel all nurseries must have the highest level of child protection in place because these are people who will took full advantage of vulnerable toddlers and children to feed the trade in indecent images, a vile industry which continues to destroy children's lives. It is vital that nurseries properly vet, train and supervise their staff because just because someone does not have a criminal record does not guarantee they are safe, though the vast majority of children are safe at nursery we must not forget there are predators who will use their position of trust to abuse them when the opportunity arises and no staff should have a phone or be left alone with the children. The public is shocked and down there had suspicions or worries about staff is reported and didn't do anything about it.

5.3. Describe how issues of public concern have altered public views of the sector.The public have seemed to lost faith in the nursery, schools and the government is making more and more mistake in the last few years. and not protesting the children of being mistreated as the parent do not feel it is safe to send they children to nursery at a young age because they cannot tell them If something as happen to them so they are waiting long to send they children to nursery and schools. The media have issued a lot of publicity stating how the care companies, social services and regulators which have let the victims and them family down by simply not taking the cases seriously enough and ensuring the well-being and the standards are being met.

5.4. Describe recent changes in service delivery which have affected own area of work.The every child matters, local authority (duty to secure early years provision free of charge) regulation 2012, the early years foundation stage (learning and development requirements) (amendment) order 2012, the early years foundation stage (welfare requirements) regulation 2012, the early years foundation stage (exemptions from learning and development requirements) regulations 2008 as amended by the early years foundation stage (exemptions from learning and development requirements) (amendment) 2012 which came into force on October 2012 and the children and families bill