Rights and Responcibilities

Understand employment responsibilities and rights in health, social care or children and young people’s settings Know the statutory responsibilities and rights of employees and employers within own area of work. 1.1 The aspect of employment covered by law are:

* Minimum wage
* Discrimination
* Health and safety
* Holiday entitlements
* Redundancy and dismissal
* Training
* Disciplinary procedures
* Union rights and consultation

1.2 The main features of current employment legislation are:

* The employment right act 1999 and 2003
* The Sex Discrimination Act, 1975
* The Equal Pay Act of 1970
* The Race Relations Act, 1976
* The Disability Discrimination Act, 1995
* The National Minimum Wage Act, 1998
* The Employment Relations Act, 1999
* The Health and Safety Regulations 1997
* Control of Substances Hazardous to Health Regulations (COSHH) (2002)
* The Manual Handling Operations Regulations (1992)
* Human Rights Act (1998)

1.3 legislations relating to employment exists because this is to protect the employer and the employee, and to make sure that they stick to these at all times. it is also the law for the employer should not consider age and if the person is pregnant if they employ them.

1.4 Sources and types of information and advice available in relation to employment responsibilities and right are:

* ACAS
* CAB and union
* contracts
* policy documents
* terms and conditions
* job descriptions

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

2.1 The terms and conditions of own contract of employment are I am contracted to work on ground floor in my setting and that I work 24 hours a week. It also shows the amount of pay I am getting per hour. I am also entitled to have 5.6 weeks holiday pay per year which I can take anytime from April till the end of March. I am also entitled to have one hour break for every twelve hour shift I do which is split up into 3 different breaks, I can have two fifteen minutes and one thirty minute break. If I am sick I have to phone up by twelve that day, this is so that my employer can cover my shift. If I am off for longer than a week I have to supply my employer a shift note off my doctor stating when I was off work to the day I come back to work and it also states why I am off sick and when I can return to work. If I leave my workplace I have to make sure that I give my employer two weeks notice before I can leave. I have to make sure that everything that happens at work I keep confident this is to respect the individual’s that I care for. 2.2 The information shown on my pay statement are:

* Name
* Date
* Hourly rate
* Rate of pay
* The payment method
* Department
* Tax paid
* National insurance paid
* Gross national insurance
* Gross tax
* Payment period
* Net total of pay
* Tax code

2.3 The procedures to follow in the event of grievance are that you should always be treated with respect and dignity and the culture and the religious back ground they are from. You should always report a death to the local authority within 24 hours after the death of the individual. When we come into contact with anybody you never know if any infections or fluids are there, do we must remember that we should always wear protective gloves and aprons before entering the individual’s room. In my nursing home and we notice that the individual has died we should make sure the person has only got one pillow underneath their head and we should lower the head on the bed. We should then report this to the nurse in charge that night. When this has been done the nurse will then phone for another nurse off a different floor for them both to conform the death of the individual.

Once this has happened we then call the family if they aren’t there to let them know their family member has passed away. If the individual has got a catheter or a syringe driver the nurse then has to go and remove these. Also if they have got any dressings on their body we then change the dressings and put a fresh one on. We need to make sure that all dressing or any catheters and siring drivers are all put into the yellow bags. Dirty laundry should be placed in to a red laundry bag. When we have done all of this we need to give the individual was wash with warm soapy water. Also put them into clean night clothes. We also make sure that we put clean sheets and a clean blanket on once we have washed them; we also make sure that they have their false teeth in. We phone the coroner after we have phoned the family.

If the individual was a miner we should not touch the individual we should call the police and wait for a coroner to come and collect the body, we are not allowed to touch then at all. When we have done that, the nurses fill out all the paper work to confirm the death and personal details and send with the individual.

2.4 The personal information that must be kept up to date with own employer are:

* Name change
* Bank account details
* Home address
* Next of kin
* Contact number

2.5 The agreed ways of working with my employer are to make sure I know and stick to my job description and make sure that I attend to the residents needs throughout the night. I also need attend all staff meetings and courses that the home has to offer me. To make sure I read care plans of residents so I know changes that happen or preference that the individual change. I also have to make sure that I follow the policy and procedures of the home. I also need to stick with the familiar of the routine so the individual know what happens throughout the night. An example of this after supper most residents go to bed. I also need to make sure that I do the night duties which include cleaning tables in the lounge, putting table clothes on in the dining room, hovering the lounge, cleaning the toilets and getting the laundry and putting it away.

Understand how own roles fits within the wider context of the sector

3.1 my own role fits within the delivery of the service provided because I look after and care for the services users physical, social and emotional care needs. I am there through the night helping them with their physical takes when they need help with them. I also help them in the morning getting up washed and dressed when they want to get up. We also give them their supper and help them with their supper which is cooked by chief that we have on site. If it wasn’t for the chief we would have to cook their evening meal whilst looking after them. We work alongside a nurse which is their throughout the night to give out their medication, if it wasn’t for the nurse we would have to give out medication which we would need training for.

3.2 The effects of own role service provision is that the care home is split up into a number of groups that help the home run smoothly. They are

* Cares
* Senior cares
* Nurses
* Maintenance staff
* Cooks
* Laundry staff
* HR administrator

Without all these groups the home would not run smoothly you need all these people that are specialized in their own job. If the home didn’t have maintenance staff the home wouldn’t be able to run because if something breaks like a toilet then we would have to phone a Plummer in that could take a long time. we could just call our maintenance staff if something breaks in the night and he would come out and fix it.

3.3 My own role as a carer links within the wider sector because if I was in a hospital I would still be there to care and look after the individual. I would still do the things I would do in the nursing home as I would do in a hospital. I would still do the physical, social and emotional side of my job with the residents in the hospital and be there in the night when they need any of their needs met.

3.4 The care quality commission is a service to provide to all care services in England, this included the NHS, local authorities, private companies and voluntary organizations. It is also to protect people under the mental health act. the care quality commission has to make sure that all standards of quality and safety is being met in where all care is provided in the services that has been stated above. It has the power to take action when they feel that the care and safety of service users have not been met. The care quality commission’s aim to make sure all the best care is provided for everyone even if it is in their home, hospitals or care homes.

By law all services have to be registered to the care quality commission to show that they are protecting their service users from risk of infections. All care setting has to register by law from October 2010 to show they are meeting all the standard of quality and safety of their service users. If their care home or hospital hasn’t registered they will not be allowed to operate if they don’t register. The care quality commissions have got a range of legal powers; it can take actions if they feel that the setting does not meet the standards of quality care and the safety of the service users. Or even if they feel that the service users are at risk in any way. The legal powers could be fines or a public warning. It can also demand that a setting can be closed down until the setting meets the requirements of safety. It can also take the setting off the care quality commission register.

Understand career pathways available within own and related sectors

4.1 The different types of occupational opportunities are:

* Nurse
* Mental health nurse
* Career in a hospital
* Senior career
* Social worker

4.2 The sources of information related to a chosen career pathway are

* Going to look at different nursing homes
* Going to look at hospitals
* Sending my CV to other care homes
* Sending my CV to hospitals
* Looking for jobs on the internet
* Looking at jobs in the job centers
* Going to connections for help looking for a job

4.3 The next steps in my own career pathway are:

* To stay in the care setting I’m in
* Get better skills
* Get my nvq level 3
* Find out more information in nursing

Understanding how issues of the public concern may affect the image and delivery of the sector

The occasions where the public have raised concerns regarding issues within the sector are:

* Stafford hospital
* Harold shipman
* Ian Huntley
* Baby Peter

Stafford hospital
Stafford hospital was in the news because it neglected the elderly and other service users who went there. It was said that they didn’t provide all their basic care needs. These are things like hygiene, hydration and nutrition. It was said that people was being left for long periods of time without been seen or even offered drinks whilst they were waiting. Now this has changed CQC has said that since all these bad press that Stafford hospital has improved their quality of care to the services users and they are happy with the progress that has been made. This fits into my care home because we make sure that all our quality of care provided is to a high standard. Harold Shipman

Harold Shipman was in the news because he was a serial killer after killing around 216 people by injecting his patients with diamorphine (heroin). Most of his patients where elderly woman. He did it to the patients that he knew didn’t have family left so he could get their personal belongings. He changed all the patients documents, and marked on them that they were to be cremated. The only reason police found out that it was the heroin that was killing these patients was because they did a post-mortem on a body and they discovered heroin in the muscles. They did post-mortem on other bodies and that’s when they realised he was injecting them to get their money and personal belongings. This has changed in my care setting because only nurses can give out medication the resident needs it. And we have a doctor come in and prescribe the residents the medication that they need to take. We have to document everything that a resident takes and if they ask for more medication throughout the night. Ian Huntley

Ian Huntley was in the news because he murdered two young girls who attended the school he worked at as a caretaker. He was later discovered to be a sex offender to many of young girls who was involved with social services. He was involved in these crimes 1990 and still got a job as a caretaker because the filled the CRB form out but put his surname as Nixon this would have shown that he didn’t have any of the rape charges etc. The CRB has now changed before you could fill them out and send them off without any document to prove who you are. Now you have to complete the CRB in you workplace and take several documents to prove who you are. This fits into my work place because you cannot start working there until you have your CRB check back to show that I have not been in trouble with the police before.

Baby Peter
Baby Peter was in the news because he was neglected by his mother and step dad, he had social services visit his home on a number of occasions where they put baby Peter into a foster care home because of him being neglected. He was later put back into the home with his mother. He was physically abused where social services didn’t pick up on this which was too late because baby peter died. This has now changed because social services now check out all the reports within seven days of getting the report through. 85% of the cases end up with their children in foster care because social services check for more whilst on their visit. This relates to my care home because all the individual’s I care for as social services provides financial support for people who have been assessed as eligible for long-term care and who meet the Local Authority’s financial criteria.