Understand employment responsibilities and rights in health, social care or children’s and young people’s settings
Assignment overview
In this assessment you will explore aspects of employment law, your role and responsibilities in respect of employment practices and present an issue of public concern that has occurred within either the health, social care or children’s and young people’s sector. Additionally, you will create a career plan which reflects on your continuing professional development and related learning and possible future qualification opportunities.
Tasks
There are four tasks to this assignment.
A Short answer questions
B Your work role
C Career pathway
D Presentation or report
This is a summary of the evidence required for the unit.
Task Evidence Learning outcomes covered
A Short answer questions 1.1, 1.2, 1.3, 1.4
B Your work role 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 3.4
C Career pathway 4.1, 4.2, 4.3
D Presentation or report 5.1, 5.2, 5.3, 5.4
Question Booklet
Task A – Short Answer Questions
Ai: Imagine you are a newly appointed supervisor/manager within your service. You need to update your staff handbook to reflect current employment law. Identify three different sources of information you could use to enable you to do this.
3 marks
The Existing Handbook
Changes in law since last update.
Latest Health and Safety requirements. Orientation procedures. This usually involves providing a human resources manager or other designated employee completed income tax withholding forms, providing proof of identity and eligibility for employment (in accordance with the UK Immigration Reform) and other required forms.
.
Once you have identified a reliable source of information:
Aii a) List three aspects of employment covered by law.
3 marks
Discrimination, health and safety, Disability act ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
b) List three main features of current employment legislation.
3 marks
Employment Rights, Equalities and Discrimination, Health and Safety Legislation ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Aiii Briefly outline why employment law exists.
3 marks
To protect the rights of employers and employees by providing rules and regulations that must be followed__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Task B Your work role
For this task you will need the following:
• A copy of your contract of employment or employment agreement. If you don’t have a written contract of employment eg if you are employed as a personal assistant, discuss your terms and conditions with your employer and make notes to help you to complete the task;
• A recent payslip or pay statement;
• Access to your workplace policies and procedures or notes from a discussion with your employer if you are employed as a personal assistant |
Bi Describe the terms and conditions of your employment as set out in your contract of employment or employment agreement.
Bii Describe the information which needs to be shown on your pay slip/statement.
On your pay slip you should have the name of the company that employs you, your full name and staff ID number, the amount you earn and also the details of the job you do i.e. part time, full time plus name of the occupation which could be anything such as teacher or whatever. You should also have an idea of the date you will receive the payment. Also any deductions made such as tax or social security may be on there.
Biii Identify two changes to personal information which you must report to your employer.
Change of name, Change of Bank details
Biv Describe the procedure to follow if you wanted to raise a grievance at work. You may describe this in writing or produce a flow chart or diagram.
1. Write to your employer. Firstly, write to your employer setting out all the details of your grievance.
2. [Meet with your employer. Your employer should then arrange a meeting to discuss your issue and look at possible resolutions. It is your legal right to take a companion to this meeting, such as a colleague, a trade union representative or trade union official. This companion may speak on your behalf, but may not answer questions on your behalf.
3. Appeal your employer's decision. After the meeting has taken place, your employer should write to you in a timely fashion with a decision on how your grievance will be resolved. If you are unsatisfied with this decision, then you have the right to appeal. This appeal should again be made in writing, and your employer must arrange another meeting
Bv Explain the agreed ways of working with your employer in relation to the following areas:
Data protection - An employer has a duty to ensure that data is being processed lawfully. Employees should understand when and how they are required to dispose of data they may create at work place, for example, by requiring them to shred documents prior to disposal. Employers should carry out an assessment of the data protection implications of employees working from home
Grievance - Agreeing a solution with your employer on a way to resolve the problem. If so, you may simply wish to record in writing what you have each agreed to do and when you will do it.
Conflict management - As a manager or human resources professional, you are closely in touch with employees throughout the company. This allows you to keep your fingers on the pulse of the organization to sense workplace negativity. [ It enables you to establish and heed early warning signals that all is not well. You receive employee complaints, do exit interviews with employees who leave, and know the reputation of your organization in your community. You watch the discussions on employee Intranets, manage the appraisals, and coach managers in appropriate staff treatment. This information will help you learn to identify the symptoms of negativity before its morale-busting consequences damage your workplace. It will also assist you in preventing and curing workplace negativity. Diagnose Workplace Negativity. You will want to identify the exact employee groups who are experiencing the negativity, and the nature of the issues that sparked their unhappiness. Perhaps the organization made a decision that adversely affected staff. Perhaps the executive manager held a staff meeting and was perceived to threaten or ignore people asking legitimate questions. Maybe staff members feel insecure because concern exists over losing a product line. Perhaps underground rumours are circulating about an impending layoff. People may feel that they give the organization more than they receive in return. They may feel that a co-worker was mistreated or denied a deserved promotion. Whatever the cause of the workplace negativity, you must address the issues
Anti-discriminatory practice - Anti-discriminatory practice basically means working in a way that does not discriminate against anyone. It is dangerous for workplace to assume that all staff automatically operates in an anti-discriminatory way. Many staff may not be aware that they are being discriminatory, so it is therefore essential for employers to recognise the importance of training and mentoring staff to align themselves with your anti-discriminatory policy
Health & safety - Without a job description how would you apply for a job, both you and your employer need to know the perimeters that you will work to to be able to determine: the responsibility; the type and class of work you will do and pay scales, the employer has a right to expect that when you are working in a firm that your time is productive so implementing ways of working by the use of 'Time and Motion' studies is not regarded as being taboo. That is why it is essential that there is communication between employer and employee or the employee's representative, the Union. or both parties you need parallels on how both the employee and employer are protected by the law and strict rules of conduct to perform the working duties
Confidentiality - While you are employed, you must not disclose confidential information, but you can use information that you remember. Furthermore, you must not remove and use your former employer’s documents after you leave.
Whistle blowing - The official name for whistleblowing is making a disclosure in the public interest, however it is much more commonly called blowing the whistle or whistleblowing. It means that if you believe there is wrongdoing in your workplace (eg your employer is committing a criminal offence) you can report this by following the correct processes, and your employment rights are protected.
Bvi Explain how your role contributes to the overall delivery of the service provided.
I monitor the wellbeing of the Vulnerable adults, I make sure they have appropriate belongs, presentable to the society, aware of safety issues, building upkeep
Bvii Explain how you could influence the quality of the service provided by;
a) Following best practice within your work role;
My work is client led-always giving the person I am looking after their own choice/decisions over what they would like to do. So showing respect at all times coupled with privacy and dignity when bathing or assisting them in toilet routines. Knocking on doors and waiting before entering a room is a basic must. And I get satisfaction out of being helpful rather than regarding my role as just a mere job.
b) Not carrying out the requirements of your role.
if a carer wants the clients to do as they are told rather than being given choices and respect, then their quality of life becomes miserable and they will dread that particular 'so-called' carer being around
Bviii Describe how your own work must be influenced by National factors such as Codes of Practice, National Occupational Standards, Legislation and Government Initiatives.
Codes of Practice and Occupational Standards form our agency’s mission, vision and values. Legislation dictates our level and quality of care. Government initiatives impact the people we serve.
Bix a) Identify two different representative bodies which influence your area of work.
Care quality commission and world health organisation
b) Describe the role of the two representative bodies you have identified
The Care Quality Commission (CQC) makes sure hospitals, care homes, dental and GP surgeries and all other care services in England provide people with safe, effective, compassionate and high quality care, and encourage these services to make improvements. The CQC does this by inspecting services and publishing the results on its website to help you make better decisions about the care you receive.
The role of WHO in public health is to providing leadership on matters critical to health and engaging in partnerships where joint action is needed
Task C Career Pathway
Create a career pathway plan for yourself, indicating what opportunities are open to you as you progress in your chosen career. Indicate what you will need to learn or any qualifications you might need to gain in order to achieve your goals. Identify sources of information to help you achieve your goals.
1
to Continue in current position with a view to gaining the knowledge and experience required to acquire an NVQ level to in Health and Social care |
2
To utilise knowledge gained through study and experience to ensure my duties as a Health and Social Care worker are carried out to the highest possible standard |
3
To continue to grow in knowledge and experience and to study towards an NVQ level 3 |
4
To obtain NVQ level 3 with a view to furthering my career in Health and Social Care at a more senior level. |
5
To continue to grow as a Health and Social Care worker and utilise knowledge and experience gained to enhance the lives of those needing social care input in whatever environment that may be |
Task D Presentation or report
Prepare a presentation or report on an issue or area of public concern related to the care profession.
Your presentation or report should include:
• A description of the issue or area of public concern raised
• An outline of the different points of view regarding the issue or area of public concern raised
• A description of how the issue or area of public concern has affected service provision and methods of working
• A description of how public opinion is affected by issues and areas of concern in either the health, social care or children’s and young people's sectors
Winterbourne Report.
In 2011 care staff at winterbourne View care home was exposed by the BBC panorama for abusing their residents who have learning disabilities. The staff physically abused the residents by slapping, restraining-sometimes with chairs and force feeding medication. Patients were bullied. They had water thrown over them to work them up in the morning. In one occasion a resident was dragged into a cold shower while fully clothed.
The abuse was more than just physically it was mentally as well the residents were left traumatised and distressed by the treatment they received. Winterbourne staff were not trained and did not follow care policies and procedures. Some residents did complain to their families, Friends, staff, managers and other professionals about the abuse and neglect that was happening however they were not believed and the abuse was left to carry on.
A nurse did whistle blow the issue but nothing changed so he write to the care quality commission and then to the BBC.
It was said that the managers let the abuse carry on as they only cared about the profits and the money the residents were bringing into the home. They did not train their staff properly. When residents were injured the home didn’t inform families, the professionals who were checking how they were getting on, the Care Quality Commission or local safeguarding staff.
The Families felt betrayed by the care system. And also feel like they’re should have done better to protect their love ones.
The level of abuse in Winterbourne was horrifying. Indeed this was criminal behaviour, unacceptable in any part of our society.
All staff involved in winterbourne abuse were brought to court of justice. And the home was closed.
Assignment marking and feedback sheet
Assignment 206 Understand the role of the social care worker
Learner/Candidate name Learner/Candidate number
__________________________________________________________________________________________________
Training Adviser/Assessors Name Centre number 059942
Task A Marking grid
Assessment Criteria | Question | Met in booklet | Met on Discussion | Not Met |
1.1 |
| Aii a) |
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1.2 |
| Aii b) |
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1.3 |
| Aiii |
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1.4 |
| Ai |
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Task | Evidence | Results |
A | Short answer questions |
Total marks available | 12 |
Mark Achieved |
|
| Passed Y/N |
B | Your work role | Passed Y/N |
C | Career pathway | Passed Y/N |
D | Presentation or report | Passed Y/N |
Training Adviser/Assessors feedback to learner/candidate on outcomes of assessment
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Target date and Action plan for resubmission (if applicable
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Training Adviser/Assessors feedback to learner/candidate on resubmission
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I can confirm that the evidence/assignments listed for this unit is my own work and was carried out under the condition and context specified in the assessment specification
Learner/ Candidate signature _______________ Date ______
I can confirm that the learner/candidate has achieved all requirements of this unit with the evidence listed and the assessment was conducted under the specified conditions and context, and is valid authentic reliable, current and sufficient
Training Advisers/assessor’ signature _______________ Date__________________
Internal verifier /quality assurance signature _____________ Date___________________
External verifier signature (where applicable _ _______________Date ___________