Friday, April 10, 2020

Human Rights and Employer free essay sample

Human rights law The rights contained in the Human Rights Act are: †¢ The right to life †¢ The right not to be tortured or treated in an inhuman or degrading way †¢ The right to be free from slavery or forced labour †¢ The right to liberty †¢ The right to a fair trial †¢ The right to no punishment without law †¢ The right to respect for private and family life, home and correspondence †¢ The right to freedom of thought, conscience and religion †¢ The right to freedom of expression †¢ The right to freedom of assembly and association †¢ The right to marry and found a family The right not to be discriminated against in relation to any of the rights contained in the European Convention †¢ The right to peaceful enjoyment of possessions †¢ The right to education †¢ The right to free elections The Human Rights Act 1998 1. 2 list the main features of current employment legislation Wages, holiday pay, contract, health and safety, disciplinary procedures, hours of work, work breaks 1. We will write a custom essay sample on Human Rights and Employer or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3 outline why legislation relating to employment exists to protect the right of employers and employees by providing rules and regulations that must be followed 1. identify sources and types of information and advice available in relation to employment responsibilities and rights contract handbook policy documents terms and conditions job description Understand agreed ways of working that protect own relationship with employer 2. 1 Describe the terms and conditions of own contract of employement A contract of employment sets out what your employer expects from you and what your pay and holidays are etc it is a binding contract so if you (say) misbehave you can be sacked for breaking your contract nless you are a civil servant then the government can tear it up and take back your benefits then when the courts rule that the government is acting illegally they simply alter the law so as it is legal So to recap a contract of employment is a legally binding contract unless you work for t he government 2. 2 Describe th information shown on own pay statement On your pay slip, should appear: * the name of the company that employs you, * your full name and staff ID number, * the amount you earn * the details of the job you do ie part time, full time * an idea of the date you will receive the payment. deductions made such as tax or social security 2. 3 Describe the procedure to follow in event of grievance Overview Problems with your employer usually fall into one of two categories: * grievances when you raise your concerns, problems or complaints with your employer * disciplinaries when your employer has concerns about your work, conduct or absence Explain your concern to your manager to see if you can sort out any problems informally. You may find it helpful to suggest what you would like them to do to solve your problem. Your employer should discuss any disciplinary issues with you informally first. These issues could lead to formal disciplinary action, including  dismissal  in more serious or repetitive cases. Right to be accompanied You have the right to be accompanied to grievance or disciplinary meetings (and any appeals) by either a: * colleague or trade union representative * family member or Citizens Advice Bureau worker if this allowed check your employment contract, company handbook or human resources intranet site Formal procedures You can make a formal grievance complaint or face formal disciplinary action if you weren’t able to resolve your problem informally. Grievances If you’ve tried solving a problem by talking to your manager but you’re not satisfied, you can make a formal grievance complaint. Your employer should put their grievance procedure in writing. You should be able to find this in your: * company handbook * human resources (HR) or personnel manual * HR intranet site * employment contract Your employer’s grievance procedure should include the following steps: * writing a letter to your employer setting out the details of your grievance * a meeting with your employer to discuss the issue * the ability to  appeal  your employer’s decision Mediation, conciliation and arbitration You can get help from a third-party to solve disputes between you and your employer. The main ways you can do this are through: * mediation * conciliation * arbitration Mediation Mediation is when an independent and impartial third party discusses a problem with you and your employer (or between you and another employee) to try and find a solution. It’s often used after informal discussions haven’t come up with a solution. Mediation is voluntary and the mediator can’t force you or your employer to accept a solution. Both you and your employer must agree on the way to solve the dispute. Tribunals If you have been unable to solve a problem between you and your employer, you may have to go to an  employment tribunal. At the tribunal, you and your employer will present your cases, answer questions and the tribunal will make a decision. 2. 4 Identify the personal information that must be kept up to date with own employer Every employer should keep personal details for every worker, which include: * name * address * date of birth * sex * education and qualifications * work experience * National Insurance number * tax code details of any known disability * emergency contact details They will also keep details such as: * your employment history with the organisation * your employment terms and conditions pay, hours of work, holidays, benefits * your absence details * details of any accidents connected with work * details of any training taken * details of any disciplinary action (FindlawUK, 2012) 2. 5 Explain agreed ways of working with employer These are your policies and procedures based on sector standards and guidelines and individuals care plans. To implement agreed ways of working, it is suggested follow the care plan. Duty of care is the obligation to exercise a level of care towards an individual, as is reasonable in all the circumstances, to avoid injury to that individual or his/her   property. A dilemma can occur when an individual makes a risky choice. They have a right to do this and it is important to respect and   support their choices but you also have a duty to keep them   safe. http://www. studymode. com/essays/Agreed-Ways-Of-Working-1332928. html 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 3. Explain the effect of own role of service provision 3. 3 Describe how own role links to the wider sector 3. 4 Describe the main roles and responsibilities of representative bodies that influence the wider sector Understand career pathways available within own and related 4. 1 Explore different types of occupational opportunities 4. 2 Identify sources of information related to a chosen career pathway 4. 3 Identify next steps in own career pathway Understand how issues of public concern may affect the image and delivery of services in the sector 5. Identify occasions where the public have raised concerns regarding issues within the sector 5. 2 outline different viewpoints around a issues of public concern relevant to the sector 5. 3 describe how issues of public concern have altered public views of the sector 5. 4 Describe recent changes in service delivery which have affected own area of work.

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