Err: Current Employment Law
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Ai- imagine you are a newly appointed supervisor within your service. You need to update your staff handbook to reflect current employment law. Identify 3 different sources of information you could use to enable you to do this. To update the staff handbook to reflect current employment law you could get your information from- other colleagues in your workplace, websites that give the current employment law (direct gov), books on current employment laws and regulations. Aii a- list 3 aspects of employment covered by law.
3 aspects of employment covered by law are- pay (wages), working hours and holiday entitlement. Aii b- list 3 main features of current employment legislations. 3 features of current employment legislations are the health and safety at work act 1974, employment rights act 1996 and the equality act 2010. Aii- briefly outline why employment law exists.
The employment law exists to protect the rights of an employee, to support and protect the employer, to make sure that there is fair access to benefits and that people don’t work below the minimum wage. Also to provide a fair and safe work environment for everyone. Bi- describe the terms and conditions of your employment as set out in your contract of employment or employment agreement. The terms and conditions of employment in my contract include- the name of my employer, the date that my employment started, the rate of pay, how often it is paid, the amount of contracted hours, entitlement to holiday pay, sick pay and pension, my entitlement to holiday, how much notice in regards to termination of employment, my job title, if the job is permanent, where you are expected to work, what your duties are and how they are expected to be done, any collective agreements directly affect your terms and conditions of work.
Bii- describe the information which needs to be shown on your payslip/statement. Things that need to be shown on my payslip are-Wage amount before deductions, individual amount of fixed deductions, individual amounts of variable deductions, net amount of wages, amount and method of any part payment to wages. The employer may also include- Ni number, tax code, pay rate, additional payments. However this is not a requirement. Biii- identify 2 changes of personal information which you must report to your employer. Personal information which you must report could be- a change in your name or a change of address.
Biv-describe the procedure to follow if you want to raise a grievance at work. You may describe this in writing or flowchart Step 1- Raise a verbal informal grievance with line manager. Meet within 14 days of incident to discuss and try to resolve the issue. If the issue is resolved then no further action is needed. Step 2- Provide a written grievance for line manager. A meeting will be arranged within 14 days and the outcome will be confirmed in writing. If issue is resolved then no further action is needed. Step 3- provide a written grievance with the next level of management (within 14 days of last meeting). A grievance hearing is held within 21 days, you will be advised within 7 days of hearing with the outcome, and if issue is resolved then no further action is needed.
Step 4- you will need to submit an appeal to hr director within 14 days of receiving the outcome of the hearing. Step 5- grievance hearing will be held by appeal panel within 8 weeks, documents must be submitted to hr 14 days before. Outcome will be sent to you in writing with 14 days of hearing. Resolution- grievances are usually resolved at step 1 or 2, when they aren’t procedure should be followed when issues are not resolved. Bv- Explain the agreed ways of working with your employer in relation to the following areas- data protection, grievance, conflict management, anti-discriminatory practice, health and safety, confidentiality, whistleblowing. Data protection – I will not disclose any data without consent, or leave my notes or computer logged on which can be accessed by people who it doesn’t need to be. Grievance- if a grievance is too arise I need to speak to my employer and follow the flow chart above. Conflict management- I will manage conflicts fairly, efficiently and sensibly, any conflicts I have I will raise to my manager.
Anti-discriminatory practice- I will not discriminate against anyone on the factors of- race, age, gender, religion. I shall treat everyone equally and fairly. Health and safety – I need to work in a safe environment and follow the health and safety procedures e.g. keeping equipment clean and making sure it’s in date, using ppe. Confidentiality- I shall keep patient confidentiality and not talk about any conditions to anyone that doesn’t need to know, e.g. family, other patients. Whistleblowing- if I suspect any wrong doing whilst at work then I should report it to my manager. Bvi- explain how your role contributes to the overall delivery of the service provided. My role contributes to the service by providing help to safeguard individuals, I provide a quality service, I work in line with the cqc standards, I provide continuity of the care service, I follow the best practice, and I keep up to date with changes in the health sector. I provide the best possible care that I can give to the service users and their families, I communicate effectively. I provide correct and safe care of patients.
Bvii a- explain how you could influence the quality of the service provided by following best practice within your work role. I can influence the quality of the service by maintain and building my own skills and knowledge then sharing it with my other colleagues, I can keep up-to-date with changes in local and national policy and the legislations, I can work as an effective team member, I can give effective communication skills, I can encourage feedback from the service users and then feed it back to the nhs. Bvii b- explain how you could influence the quality of the service provided by not carrying out the requirements of your role. By not carrying out the requirements of my role would be, poor practice which would endanger the service users, being non-compliant with the regulations and requirements of the service like the cqc guidance which would result in dismissal, placing other colleagues or others at risk by dangerous practice.
Bviii- describe how your own work must be influenced by the national factors such as codes of practice, national occupational standards, and legislation and government initiatives. My work is regulated and inspected and it has to meet national standards. These legislations tell me what I should and shouldn’t be doing, they give you guidance, standards and rules to follow. These legislations and standards require us as health care professionals to behave in a professional manner. My work is influenced by national factors because they tell you to work in a certain way for safety of others and to provide the best care. Bix a- identify 2 different representative bodies which influence your area of work. Care quality commission and trade unions.
Bix b- describe the role of the two reprensentive bodies you have identified. The care quality commission inspect social care and health providers. The cqc set standards for the service provision and registration of services and individuals. They are responsible for making sure that the minimum standard is met. Trade union represents the interests of member and can discuss with the employers with regards to the terms and conditions of service.
C career pathway
I started my career pathway by applying for my job as a health care assistant, I then got offered to do my nvq 3, which has provided me with extra knowledge for my current job role. Whilst undertaking my nvq 3 I also did extra courses, like venepuncture, which gave me more responsibility and knowledge. My nvq 3 has also helped me develop in my career pathway by giving me access to be able to do my foundation degree as a practioner which will also give me extra knowledge. After my foundation degree I can either go into a band 4 job within the NHS or continue to gain more qualifications. At present my choice is to go onto further education and study for my degree in adult nursing. This brings me up to my 4th year into the future, in my 5th year I hope to have qualified my nursing degree, and be starting my band 5 job as a staff nurse. Then my education can develop with the trust by allowing me to learn difference skills as a band 5 like canulation and male cathertisation. The sources of information where I have got my pathway from are the education department within my trust, my employer and other colleagues and looking on the internet at other courses available to me. D report
At mid staffs up to 1200 patients may have needlessly died. This was at Stafford hospital. This happened due to poor care between the years of 2005-2009. It was reported that patients were left lying in their own excrement and left thirsty- the patients were reduced to drink water from flower vases. The basic element of care was neglected. The patients that needed pain relief either got it late or not at all. Other patients were left unwashed for up to a month. Food and drink was left out of reach and patients were discharged too early leading them to be readmitted. Family members of the patients were removing bandages and cleaning toilets due to their fear of infection. When the patients called for help they were being ignored leading them to be left in soiled beds or left on commodes for hours. Frances who wrote the report said “there were people who entered Stafford hospital and that rightly expected to be well cared for and treated, instead many suffered horrific experiences that will haunt them and their loved ones for the rest of their lives.”
pThe report found inadequately trained staff and not enough of them, junior doctors left alone at night and patients left without food, drink or medications as their operations were cancelled many times. Receptionist with no medical training were expected to asses patients coming into A&E some of whom needed urgent care. Was this down to saving money vs. quality care? Compensation payments of £11000 were paid out to some families involved. They are currently changing the legislation from only being criminally responsible if people neglect children or mentally ill to a sanction if anyone is mistreated. Nhs staff who neglect of abuse patients will face up to 5 years in prison to prevent a repeat of the mid staffs hospital scandal. This scandal has changed the way people look at the NHS, in some people if a relative goes into hospital they may now fear their safety and if they are being well looked after. If makes patients relatives more inquisitive and worried. It has changed the opinion into care practice it has raised much concern of the ability of the NHS. It has made people more aware of the possibility of bad care.