ERR and Legislation Workbook

Employment Rights and Responsibilities
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Table of Contents
Employment rights & responsibilities 3
Work related information 16
Roles within the adult health & social care environment 22
Sector skills councils & Regulators 27
Issues of public concern 29
Legislation project 33
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Legislation that has an impact on your employment:
There is a lot of information to read here but it is vitally important to your role, particularly in the care
industry and a knowledge or refresher on this legislation will be very beneficial to you all the way
through your qualification, taking the time to read this now will save you lots of time later.
In order to have a good understanding of your own employment rights and also in order to
understand the rights of the service users that you support, it is important that you understand how
you are protected through legislation that ensure that everyone has equal rights.
Equality Act 2010
This is the most significant piece of equality legislation to be introduced for many years. It is there
to strengthen protection, advance equality and simplify the law. The Equality Act brings together,
and significantly adds to and strengthens, a number of previous existing pieces of legislation,
including race and disability. One of the key changes is that it extends the protected characteristics
to encompass all of the protected characteristics listed below:
 age;
 disability;
 gender reassignment;
 marriage and civil partnership;
 pregnancy and maternity;
 race;
 religion or belief;
 sex;
 sexual orientation
The act also makes explicit the concept of ‘dual discrimination’, where someone may be
discriminated against or treated unfairly on the basis of a combination of two or more of the
protected characteristics.
To find out more information on the Equalities Act, press ctrl + click to spend a couple of minutes
watching this video clip
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Press Ctrl + Click here to access this easy to read booklet, it is also very useful.
The legislation listed below is superseded by the Equality Act 2010
The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000. The
Race Relations Act (RRA) makes it unlawful to treat a person less favourably than another on racial
grounds. This law applies to employment, goods, facilities and services and to some functions
carried out by public authorities, but not all functions. These cover grounds of race, colour,
nationality (including citizenship) and national or ethnic origin.
The Race Relations (Amendment) Act 2000 outlawed discrimination (direct and indirect) and
victimization in all public authority functions not previously covered by the RRA, with only limited
exceptions. It also placed a general duty on specified public authorities to promote race equality
and good race relations. There are also specific duties for listed organisations, including the
production of Race Equality Schemes.
Race Relations Act (Amendment) Regulations 2003 made harassment on the grounds of race,
ethnic or national origin a separate unlawful act, rather than being treated as direct discrimination.
It also defined indirect discrimination on these three grounds.
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Gender / Gender identity
The Equal Pay Act (as amended) 1970

This Act gives an individual a right to the same contractual pay and benefits as a person of the
opposite sex in the same employment, where the man and the woman are doing like work, or
work related as equivalent under any analytical job evaluation study; or work that is proved to be
of equal value.
The Sex Discrimination Act 1975 (as amended)

This Act (which applies to women and men of any age, including children) prohibits sex
discrimination against individuals in the areas of employment, education and in the provision of
goods, facilities and services and in the disposal or management of premises.
Sex Discrimination (Gender Reassignment) Regulations 1999

these regulations are a measure to prevent discrimination against transsexual people, on the
grounds of sex, in pay and treatment in employment and vocational training. They effectively
insert into the Sex Discrimination Act a provision to extend the Act, insofar as it refers to
employment and vocational training, to include discrimination on gender reassignment grounds.
The Gender Recognition Act 2004

The purpose of this Act is to provide transsexual people with legal recognition in their acquired
gender. Legal recognition will follow from the issue of a full gender recognition certificate by a
Gender Recognition Panel. In practical terms, legal recognition will have the effect that, for
example, a male-to-female transsexual person will be legally recognized as a woman in English
Law. On the issue of a full gender recognition certificate, the person will be entitled to a new birth
certificate reflecting the acquired gender and will be able to marry someone of the opposite
gender to his or her acquired gender.
The Equality Act 2006

This Act outlaws gender discrimination and harassment in all public functions. It also created a
general duty on all public authorities to promote equality of opportunity between women and men.
There are also specific duties for listed organisations, including the production of a Gender
Equality Scheme.
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Disability
The Disability Discrimination Act 1995

This Act prohibits discrimination, harassment and victimization in employment; in the provision of
goods, facilities and services; in the disposal or management of premises and in education. It also
requires employers and service providers to make reasonable adjustments for disabled people.
Disability Discrimination Act 2005
This Act makes substantial amendments to the Disability Discrimination Act 1995 (see above). The
2005 Act places a general duty on all public authorities to promote disability equality and to have
due regard to eliminate unlawful discrimination and harassment of Disabled people. Listed bodies
within the public sector are also subject to specific duties of the 2005 Act. The specific duties provide
a clear framework for meeting the general duty and include the requirement to produce a Disability
Equality Scheme.
Religion and Belief
Employment Equality (Religion or Belief) Regulations 2003
These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment

and victimisation) in employment and vocational training on the grounds of religion or belief. The
regulations apply to discrimination on grounds of religion, religious belief or similar philosophical
belief.
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Sexual orientation
Employment Equality (Sexual Orientation) Regulations 2003

These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment
and victimisation) in employment and vocational training on the grounds of sexual orientation. The
regulations apply to discrimination on grounds of orientation towards persons of the same sex
(lesbians and gay men) and the same and opposite sex (bisexuals).
The Civil Partnership Act 2004

The Act creates a new legal relationship of civil partnership, which two people of the same-sex
can form by signing a registration document. It also provides same-sex couples who form a civil
partnership with parity of treatment in a wide range of legal matters with those opposite-sex
couples who enter into a civil marriage.
The Equality Act (Sexual Orientation) Regulations 2007

These regulations outlawed discrimination (direct and indirect) and victimization in the provision of
goods, facilities and services. Discrimination was also outlawed in education, the use and
disposed of premises and in the exercise of public functions.
Age
Employment Equality (Age) Regulations 2006

The regulations provide protection against age discrimination (direct discrimination, indirect
discrimination, harassment and victimization) in employment, training and adult education for
people of all ages.
Equality and Human Rights
The Human Rights Act 1998

The Human Rights Act came fully into force on 2 October 2000. It gives further effect in the UK to
rights contained in the European Convention on Human Rights. The Act:
 Makes it unlawful for a public authority to breach Convention rights, unless an Act of
Parliament meant it could not have acted differently
 Means that cases can be dealt with in a UK court or tribunal
 Says that all UK legislation must be given a meaning that fits with the Convention rights, if
that is possible.
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The Equality Act 2006

This Act established the Commission for Equality and Human Rights, giving individuals who
experience discrimination or breach of their human rights easier access to support. It also
improves the advice available to employers and service providers in a one-stop shop. The
Commission aims to support the development of a society in which:
 Prejudice or discrimination does not limit people's ability to achieve their potential
 Each person's human rights are respected and protected
 The dignity and worth of each individual is respected
 There is mutual respect between groups, based on understanding and valuing of diversity
and on shared respect for equality and human rights
Includes extracts from 'Towards Race Equality in Health, A Guide to Policy and Good Practice for
Commissioning Services' by Race for Health. The full document can be accessed by Ctrl +
Clicking: Towards Race Equality in Health
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The Basic Provisions of Health & Safety Legislation.
The Health & Safety at work Act 1974

Applies to all work premises. Anyone on the premises is covered by & has responsibilities under
the Act; employees, supervisors, directors or visitors Requires all employers, as far as is reasonably
practicable, to ensure the health, safety & welfare at work of their employees.
This particularly relates to aspects such as:
 Safe entry & exit routes

 Safe working environment
 Well maintained, safe equipment
 Provision of protective clothing
 Safe storage of articles & substances
 Information on safety
 Appropriate training & supervision
 Prepare & continually update a written statement on the health & safety policy of the
company & circulate this to all employees (if there are five or more of them).
 Allow for the appointment of safety representatives selected by a recognized trade union.
Safety representatives must be allowed to investigate accidents or potential hazards,
follow up employee complaints & have paid time off to carry out their duties.
Requires all employees to:

 Take reasonable care of their own health & safety & that of others who may be affected by
their activities.
 Co-operate with their employer & anyone acting on his/her behalf to meet health & safety
requirements
 Research materials included the Health & Safety Work Act 1974.
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What is COSHH?
COSHH is the law that requires employers to control substances that are hazardous to health.
You can prevent or reduce workers' exposure to hazardous substances by:
 Finding out what the health hazards are;
 Deciding how to prevent harm to health (risk assessment);
 Providing control measures to reduce harm to health;
 Making sure they are used;
 Keeping all control measures in good working order;
 Providing information, instruction and training for employees and others;
 Providing monitoring and health surveillance in appropriate cases;
 Planning for emergencies.
Most businesses use substances, or products that are mixtures of substances. Some processes
create substances. These could cause harm to employees, contractors and other people.
Sometimes substances are easily recognised as harmful. Common substances such as paint,
bleach or dust from natural materials may also be harmful.
RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
What is RIDDOR?
It stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
These regulations came into force on 1 April 1996.
Why do I need to know about RIDDOR?

RIDDOR requires your employer to report work related accidents, diseases and dangerous
occurrences. It applies to all work activities.
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Why should they report?

Reporting accidents and ill health at work is a legal requirement
When do the employers need to make a report?

If there is an accident connected with work and:
 Death or major injury- if an employee, self–employed person or a member of the public is
killed or taken to hospital. They must notify the enforcing authority without delay.
 Over three day injury – accident report form (F2508) needs to be completed and sent to
the enforcing authority within ten days. An over three day injury is one which is not major,
but results in the injured person being away from work or unable to do the full range of
their normal duties for more than three days (including any days they wouldn’t normally be
expected to work such as weekends, rest days or holidays) not counting the day of the
injury itself.
 Disease – if a doctor notifies the employer that the employee suffers from a reportable
work-related disease they must send a completed disease report form (F2508A).
 Dangerous occurrence – If something happens which does not result in a reportable injury,
but which clearly could have done, it may be a dangerous occurrence, which must be
reported immediately to the enforcing authority.
Who do they report to?

In general, they should contact the Environmental Health Department of your local authority. The
address and telephone number will be in the telephone book under the authority’s name.
What records do they need to keep?

 They must keep a record of any reportable injury, disease or dangerous occurrence for
three years, after the date on which it happened.
 Definition of major injuries, dangerous occurrences and diseases are:
• Fracture other than to fingers, thumbs or toes
• Amputation
• Dislocation of the shoulder, hip, knee or spine
• Loss of sight (temporary or permanent)
• Chemical or hot metal burn to the eye or any penetrating injury to the eye
• Injury resulting from an electric shock or electrical burn leading to unconsciousness
or requiring resuscitation or admittance to hospital for more than 24 hours
• Any other injury: leading to hypothermia, heat-induced illness, unconsciousness,
requiring resuscitation or requiring admittance to hospital for more than 24 hours
• Unconsciousness caused by asphyxia or exposure to harmful substances or
biological agents
• Acute illness requiring medical treatment, or loss of consciousness arising from
absorption of any substances by inhalation, ingestion or through the skin
• Acute illness, requiring medical treatment, where there is reason to believe that this
resulted from exposure to a biological agent, its toxins or infected material
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The Manual Handling Operations Regulations 1992

The regulations have been put in force to try to reduce the very large incidences of injury & ill health
arising from the manual handling loads at work. The regulations apply to all work activities with the
exception of those normally covered by merchant shipping legislation for which there are separate
regulations. The regulations are concerned with the risk of injury from a manual handling operation
& not with the risks posed by loads, which are seen to be hazardous.
The definition of a manual handling operation is any “transporters or supporting of a load including
the lifting, pulling, pushing, putting down, carrying or moving by hand or by bodily force”.
The employer should:

 avoid the need for hazardous manual handling, as far as reasonably possible
 assess the risk of injury from any hazardous manual handling that can’t be avoided
 reduce the risk of injury from hazardous manual handling as far as reasonably practicable
Employees have duties too. They should:

 follow appropriate systems of work laid down for their safety
 make proper use of equipment provided for their safety
 co-operate with their employer on health & safety matters
 applying the duties of employees, as appropriate, to their own manual handling activities
 take care to ensure that their activities do not put others at risk
 avoid manual handling where possible: where it is unavoidable
Employees should adopt the following:

 A good posture when lifting from a low level. Bend the knees, but do not kneel or over flex
the knees.
 Keep the back straight tucking in the chin helps.
 Lean forward a little over the load if necessary to get a good grip.
 Keep the shoulders level & facing in the same direction as the hips.
 Get a firm grip; try to keep the arms within the boundary formed by the legs. The best
position & type of grip depends on the circumstances & individual preferences, but it must
be secure. A hook grip is less tiring than keeping the fingers straight. If you need to vary
the grip as the lift proceeds, do it as smoothly as possible.
 Keep close to the load; keep the load close to the trunk for as long as possible. Keep the
heaviest side of the load next to the trunk. If a close approach to the load is not possible
slide it towards you before you try the lift.
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 Don’t jerk-lift, keep control move the feet, don’t twist the trunk when turning to the side put
down, then adjust if precise positioning of the load is necessary, put it down first & then
slide it into the desired position.
Risk assessments are necessary to assess what risk there is to the individual & to look at all the
ways that can be tried to prevent injury. Research materials included The Manual Handling
Operations Regulations 1992 (HSE).
Ctrl + Click Here to view another short video with a visual representation of the legislation impacting
on employment
Organisation’s for support and information:
Top tip: If something is in blue, ctrl + click on it, it’s a hyperlink to another site.
ACAS
 They aim to improve organisations and working life through better employment relations.
 This is done by supplying up-to-date information, independent advice and high quality
training, and working with employers and employees to solve problems and improve
performance.
Trade Unions:
 They are organisations which represent employees in discussions about terms and
conditions of service, i.e. pay, working hours etc.
 There are different trade unions for different types of work.
 An employee has the right to join a trade union but no one has to belong.
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Citizens Advice Bureau:
 To provide advice to people for the problems they face

 The service provides free, independent, confidential, and impartial advice to everyone on
their rights and responsibilities.
 It values diversity, promotes equality and challenges discrimination
Top Tip: Remember the more detail you put in your answers, the more of the criteria within
the qualifications you will complete. If you prefer not to write, you can record these answers
verbally with your Trainer Assessor over the phone.
Reflection: What were the main learning points for you / what have you learnt? What are the
main pieces of employment covered by Law?
I understand my own employment rights and responsibilities and how I am protected through
legislation that ensure that everyone has equal rights.
The main pieces of employment covered by law:
-age discrimination
-disability
-bullying and harassment
-discrimination based on race, religion/belief, sexuality or gender
-marriage or partnership.
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List the main features of employment that are covered by Law
The main features of employment that are covered by law are:
-age discrimination
-disability
-bullying and harassment
-discrimination based on race, religion/belief, sexuality or gender
-marriage or partnership
-equal pay
-minimum wage
-employment contracts
-dismissal and employee grievances.
Where are some of the places you can go to get information and advice on employment rights and
responsibilities? What are the types of information and advice that they can help you with?
Some places where you can go to get information and advice on employment rights and
responsibilities are ACAS (Advisory, Conciliation and Arbitration Service), Trade Union and
Citizens Advice Bureau.
They can help you with any problem you have. They represent employees in discussions about
terms and conditions of service, i.e. pay, working hours. Their service provides free,
independent, confidential, and impartial advice to everyone on their rights and responsibilities.
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Work related information:
Contract of Employment: What should be included?
The following should be provided in writing within 2 months of starting.
 Name of employer and employee

 Date when employment began
 Scale and rate of wages
 How often are wages paid
 Hours of work and any conditions related to them
 Holiday entitlements
 Length of notice of termination of contract
 Job title or brief job description
 Place of work
 Grievance procedure
Pay Slips- What they look like and what should be included:
 Amount of wages before any deductions

 Individual amount of any fixed deductions
 Individual amount of any variable deductions
 Net amount of wages
 National Insurance number
 Tax codes
 Pay rate
 Additional payments
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Grievance Procedure:
The grievance procedure should be in writing, and should tell you:

 Who you should complain to first (often, you are asked first of all to try to resolve the
problem with the person concerned)
 Whether or not the complaint must be in writing
 How soon after the incident you must make it
 Which people will be involved in dealing with it
 What the outcome could be, and
 How long each stage will last
There are normally 3 stages:

1. Written
2. Meeting
3. Appeal
Disclosure and Barring Service
Overview
A DBS check may be needed for:

 certain jobs or voluntary work - e.g. working with children or in healthcare
 applying to foster or adopt a child
Who can ask for a DBS check

An employer can ask for a DBS check for certain roles.
DBS eligibility guidance lists most roles that are eligible for a check. However, the guidance isn’t
comprehensive so contact DBS if unsure.
Applicants (job candidates) can’t do a criminal records check on themselves, but they can request
a ‘basic disclosure’.
How to get a DBS check

1. The employer gets an application form from DBS or an umbrella body (a registered body
that gives access to DBS checks).
2. The employer gives the applicant the form to fill in and return to them along
with documents proving their identity.
3. The employer sends the completed application form to DBS or their umbrella body.
4. DBS sends a certificate to the applicant. The employer will have to ask the applicant to see
the certificate.
If the applicant has subscribed to the DBS update service, the employer can check their certificate
online.
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Basic disclosure
If applicants need to run a check on themselves, they can get a ‘basic disclosure’ with details of
any unspent convictions from Disclosure Scotland (they can do this anywhere in the UK).
Types of criminal records check

There are 3 types of check. The employer or organisation running the check should provide the
applicant with more information about the level of check required.
Criminal record check applicants must be 16 or over.
Standard
This will check for spent and unspent convictions, cautions, reprimands and final warnings, and
will take about 2 weeks.
Enhanced
This includes the same as the standard check plus any additional information held by local police
that’s reasonably considered relevant to the workforce being applied for (adult, child or ‘other’
workforce). It takes about 4 weeks.
‘Other’ workforce means those who don’t work with children or adults specifically, but potentially
both, e.g. taxi drivers. In this case, the police will only release information that’s relevant to the
post being applied for.
Enhanced with list checks

This is like the enhanced check, but includes a check of the DBS barred lists, and takes about 4
weeks.
An employer must not apply for a check unless the job or role is eligible for one. They
must tell the applicant why they’re being checked and where they can get independent
advice.
A DBS check has no official expiry date. Any information included will be accurate at the time the
check was carried out. It is up to an employer to decide if and when a new check is needed.
Applicants and employers can use the DBS update service to keep a certificate up to date or carry
out checks on a potential employee’s certificate.
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Job descriptions:
A job description is a list that a person might use for general tasks, or functions, and responsibilities
of a position. It may often include to whom the position reports, specifications such as the
qualifications or skills needed by the person in the job, or a salary range. Job descriptions are
usually narrative, but some may instead comprise a simple list of competencies; for instance,
strategic human resource planning methodologies may be used to develop a competency
architecture for an organisation, from which job descriptions are built as a shortlist of competencies.
Organisational chart:
An organisational chart (like the one above) is a diagram that shows the structure of an
organisation and the relationships and relative ranks of its parts and positions/jobs.
Appraisals:
A performance appraisal, employee appraisal, performance review, or career development
discussion is a method by which the job performance of an employee is evaluated (generally in
terms of quality, quantity, cost, and time) typically by the corresponding manager or supervisor.
A performance appraisal is a part of guiding and managing career development. It is the process of
obtaining, analyzing, and recording information about the relative worth of an employee to the
organisation. Performance appraisal is an analysis of an employee's recent successes and failures,
personal strengths and weaknesses, and suitability for promotion or further training. It is also the
judgment of an employee's performance in a job based on considerations other than productivity
alone.
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Reflection: What have you learnt?

Look at the terms and conditions of your own employment contract, describe what is contained
within it
My own employment contract contained: commencement of Employment, position, criminal

disclosure, Disclosure and Barry Service Update Service, Employee Handbook, Probationary
Period, Place of Work, Pay, Deductions, Pension, Hours of Work, Break Entitlement, Overtime,
Time Recording, Short-Time Working and Lay Off, Holiday Entitlement, Absence Reporting,
Statutory Sick Pay, Notice, Garden Leave, Disciplinary Procedure, Disciplinary and Dismissal
Appeals, Grievance Procedures, Health and Safety, Private Vehicle Use, Company Equipment,
Confidentiality, Post-Termination Restrictions, Inventions and Intellectual Property, Data
Protection, Changes to Terms of Employment, Acknowledgement.
What information is shown on your pay slip?
-Date
-Employee reference and Employee name
-Month
-Company name
-Payment method
-Tax code
-National insurance number and national insurance code
-Pay rate
-Amount of wages before any deductions
-Amount of deductions
-Net amount of wages
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Explain your company’s grievance procedure for employees. What is the complaints procedure for
service users or their family members?
Grievance are concerns, problems or complaints raised by a staff member with management.
Anybody may at some time have problems or concerns with their working condition or
relationship with their colleagues that they wish to raise. With any problem that I will have I will
documented in writing and I will handled to my manager and she will sorted out.
What types of your own personal information do you have to ensure are up to date for your
employer?
 name
 address
 date of birth
 sex
 education and qualifications
 work experience
 National Insurance number
 details of any known disability
 emergency contact details
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Give a reflective account to your Trainer Assessor (either written here or verbally which they will
record) about the last actual shift that you worked, explain exactly what tasks you undertook
and with which service users, how did you do these tasks? Why did you do them in this way?
What were the correct (agreed) ways of working that you were following? (Think care plans/risk
assessment, different policies and procedures that had to be followed).
How does your role fit into the overall provision of care to the service users within your setting?
I support people to make choices about food, what to do, I give medication. This means
that they can make own decisions, choices, feel good.
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Roles within the Adult health, social environment

Social Worker: Job description
A social worker works with people who have been socially excluded or who are experiencing crisis.
Their role is to provide support to enable service users to help themselves. They maintain
professional relationships with service users, acting as guides, advocates or critical friends.
Social workers work in a variety of settings within a framework of relevant legislation and
procedures, supporting individuals, families and groups within the community. Settings may include
the service users' home, schools, hospitals and the premises of other public sector and voluntary
organisations.
Qualified social work professionals are often supported by social work assistants. They also work
closely with other health and social care staff.
Typical work activities

Over 50% of social workers work with young people and their families.
They may also work with the following groups:
 young offenders;
 people with mental health conditions;
 school non-attenders;
 drug and alcohol abusers;
 people with learning and physical disabilities;
 the elderly
To find out more about Social work press Ctrl + Click here
Care workers
Care worker jobs improve the lives of vulnerable people. You will work with people on a weekly or
daily basis assisting them in practical activities such as going to the shops. Typical care worker jobs
involve working in a care home or visiting people in their own homes. It is a very rewarding career.
Care Worker Job Description: typical responsibilities
 Caring for your clients, who can include: children, the elderly, people with disabilities and
families; by assisting with medications to helping with household chores.
 You may be liaising with people from other departments such as; social services, housing
officers and GP’s, so you will need to have good communication skills.
 You will need to be sensitive to people of different backgrounds and be able to
communicate well with your clients. A second language may be required in some cases.
 Generally you will need to be a caring and patient person
 Some residential care worker jobs require you to have a full and clean driving license
To find out more Ctrl + Click here
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Registered Manager:
Types of care manager
Care managers may work in a variety of settings including:
 with adults and young adults with learning difficulties;

 in elderly care or nursing homes;
 in supported housing;
 in hospice care.
Responsibilities
Roles can vary depending on the setting but responsibilities usually include:
 managing budgets;
 recruiting and supervising staff;
 chairing meetings and delivering training;
 maintaining quality standards and ensuring health and safety compliance;
 liaising with, and maintaining partnerships with, other local community organisations;
 delivering person-centred care;
 ensuring any regulatory activity such as personal care and administering medicines, is
delivered within regulations;
 organising activities for residents;
 liaising with families of residents;
 actively promoting the independence of residents
To find out more press Ctrl + Click here
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Nurse:
Responsibilities
Gaining the trust and confidence of each patient is an important aspect of the job for nurses and
their main aim is to improve the patients' quality of life.
Exact duties may vary depending on your role but will usually include:
 writing patient care plans;

 implementing plans through tasks such as preparing patients for operations, wound
treatment and monitoring pulse, blood pressure and temperature;
 observing and recording the condition of patients;
 checking and administering drugs and injections;
 setting up drips and blood transfusions;
 assisting with tests and evaluations;
 carrying out routine investigations;
 responding quickly to emergencies;
 planning discharges from hospital and liaising with GPs and social workers;
 communicating with and relieving the anxiety of patients and their relatives;
 advocating on behalf of patients;
 educating patients about their health;
 organising staff and prioritising busy workloads;
 mentoring student and junior nurses;
 maintaining patient records;
 making ethical decisions related to consent and confidentiality
To find out more press Ctrl + Click here. Plus many more which can be explored further here
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Career Planning:
When planning your career you need to follow 4 steps:
Self:
Gather information on yourself including your interests, values, goals and skills.
Options:
Explore the area you are interested in, research the roles you are interested in. You could also
look at volunteering or job shadowing to get a real life experience of the job.
Match:
Match the above with possible occupations that you are interested in. Narrow it down for example
in the care sector there are numerous job roles.
Action:
Plan step by step what you need to do to get to the dream job. Do you need qualifications?
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Sector Skills Council (SSC)

For health and social care and the children and young people’s workforce the Sector Skills council
is Skills for Care and Development. Please look at the website for more information which you
can then break down into either:
Skills for Care- is the main SSC for Adult Social care in health and social care.
Websites are as follows:

Skills for Care
Skills for Care and Development
Skills for Health
Regulators:
Care Quality Commission (CQC) - Health and Social Care
Are the independent regulator of health and social care in England.
“We regulate care provided by the NHS, local authorities, private companies and voluntary
organisations. We aim to make sure better care is provided for everyone - in hospitals, care
homes and people's own homes. We also seek to protect the interests of people whose rights are
restricted under the Mental Health Act.”
CQC website here
Find out how to get an email alert on a new inspection report when it is released on the setting
that you work in here.
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Reflection: What have you learnt?
How does your role have an effect on how the service is provided to service users? (Think about
how your role and how your work can result in a positive service being delivered to service users?
And also how it could result in a negative service if you did not do things correctly or to the
required standard?)
How does how you carry out your role link to the wider sector of adult care? (Think about some of
the other roles involved in the care of the service users within your setting both internal and
external).
P a g e 27 | 40
What is the role of CQC? How do they have an influence over where you work and how the
service is provided? Who else has an impact on this? (Think about local authorities, safeguarding
boards, contracts and commissioning etc.).
The role of CQC is to make sure health and social care services provide people with safe,
effective, compassionate, high-quality care and they encourage care services to improve.
Issues of public concern:
Throughout recent years the adult care sector has faced issues of public concern these include
Press ctrl + Click to view these reports:
The Mid Staffordshire NHS Foundation Trust Public Inquiry- which led to the Francis report
Hadleigh House being closed down
Purebeck House
Death of Ian Sunter
Are to name but a few, unfortunately, there are many more and with all of the stories in the news
about the NHS being under too much pressures and there being ‘bed blocker’ who cannot be
discharged from hospital due to the failing social care system not being able to cope with the
demand, these kinds of stories are in the news on an almost daily basis
P a g e 28 | 40
These have changed the way we work within our sector and have had a massive impact. These
are very public cases and they have affected the public view point, these cases can damage the
‘image’ of the sector but can also have positive outcomes and change our working practices for
the better. (Although it should be pointed out that these types of cases should not have to occur
for this to happen)
The public often need to be re-assured that those who work within the care sector are competent,
ways in which we can assure the public is through staff obtaining the relevant qualifications set by
the regulatory body, constant updating of policies, procedures, CPD and being aware of changes
effecting the sector which are available on Skills for Care’s website and many other places, which
you will be signposted to throughout the duration of your qualification.
Using one of the failings in healthcare in the links provided, or research your own answer the
following questions:
How have these led to the public raising concerns about the adult care sector as a whole?
If the home would be presented in the bad way if the CQC will inspected the home and they
will find that the clients are neglected, abused, the staff are not doing their jobs properly etc
they will create concerns to the public because they would not want to put their relatives in a
home like that.
P a g e 29 | 40
Thinking of the failing in healthcare that you have researched, explain the different viewpoints that
there have been around this.
For example, if one care home/nursing home is reported to the CQC because of certain
member of staff abusing residents even if that member of staff has been sacked the home will
still have bad reputation.
How have such issues of public concern (or failings in health and social care) altered the public’s
view of the adult care sector?
The public’s view it’s altered because the will be scared to put relatives in care system
because they could be abused or neglected.
P a g e 30 | 40
List any recent changes in the way that the service that is delivered in your workplace has had an
impact on how you now have to work.
We learned how to deal with residents who have difficult with swallowing and communication.
The SALT team offered diet advice, changes through the medication and support through
swallowing and speech difficulties.
You have now completed this section of the workbook, it is a great start to your qualification. Your
Trainer Assessor will mark your work and assess it into your qualification on the e-portfolio system,
they will give you feedback on your answers and how much you have covered. They will also advice
you if any of your answers required more information and will support you with this.
Remember to submit this back to your Trainer/Assessor to mark and give you feedback
P a g e 31 | 40
Legislation Project
Within your Apprenticeship there are a number of units that you are required to evidence your
knowledge of supporting legislation or standards to which you are required to work and adhere to.
Tip - This same project can be used at different levels of Adult Care qualifications as the
legislation and standards that must be adhered to are the same but at higher levels of care worker
or manager, it is expected that your level of understanding on these things will be in much more
depth, so when covering these questions/activities, it is important that you have answers relevant
to the level of your role.
Research each of the following and produce an overview of the key points. Explain how this is
used in your work role and your responsibilities within it; some of these have already been
covered in some detail in your pre-course/ERR workbook for others there are short video guides
hyper linked in to teach you about them. You will need to do some of your own research to
contextualise how they relate to your workplace and your work responsibilities:
Health & Safety at Work Act
This is very long but a really useful guide by HSE
On health and safety in the care sector
Explain how this is used in your work role and your responsibilities within it.
P a g e 32 | 40
Human Rights Act
Equality Act
P a g e 33 | 40
Mental Capacity Act
Data Protection Act
P a g e 34 | 40
Care Act
CQC fundamental Standards
P a g e 35 | 40
Safeguarding
COSHH also click here
P a g e 36 | 40
Risk Assessments
Manual Handling Operations Regulations
P a g e 37 | 40
LOLER
Thinking about everything you have just researched and written/discussed on legislation. What do
you understand by the terms ‘Agreed Ways of Working’ and ‘Working to Standards’? Explain how
these things impact upon your role.
P a g e 38 | 40
Deprivation of Liberty Safeguards
Ctrl + click on the picture to the left to view a short video or

here is a link to the Deprivation of Liberty Safeguards at a
glance if you would prefer to read about them.
For the opportunity to register and complete a free online learning course, Ctrl + click here.
Remember to submit this back to your Trainer/Assessor to mark and give you feedback
P a g e 39 | 40
P a g e 40 | 40

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Employment Rights and Responsibilities

Employment rights & responsibilities 3

Work related information 16

Roles within the adult health & social care environment 22

Sector skills councils & Regulators 27

Issues of public concern 29

Legislation that has an impact on your employment:

Equality Act 2010

 marriage and civil partnership;

 pregnancy and maternity;

The legislation listed below is superseded by the Equality Act 2010

Gender / Gender identity

The Equal Pay Act (as amended) 1970

The Sex Discrimination Act 1975 (as amended)

Sex Discrimination (Gender Reassignment) Regulations 1999

The Gender Recognition Act 2004

The Equality Act 2006

The Disability Discrimination Act 1995

Disability Discrimination Act 2005

Religion and Belief

Employment Equality (Religion or Belief) Regulations 2003

These regulations outlaw discrimination (direct discrimination, indirect discrimination, harassment

Employment Equality (Sexual Orientation) Regulations 2003

The Civil Partnership Act 2004

The Equality Act (Sexual Orientation) Regulations 2007

Employment Equality (Age) Regulations 2006

Equality and Human Rights

The Human Rights Act 1998

 Means that cases can be dealt with in a UK court or tribunal

The Equality Act 2006

The Basic Provisions of Health & Safety Legislation.

The Health & Safety at work Act 1974

 Safe entry & exit routes

Requires all employees to:

RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

Why do I need to know about RIDDOR?

Why should they report?

When do the employers need to make a report?

Who do they report to?

What records do they need to keep?

The Manual Handling Operations Regulations 1992

The employer should:

Employees have duties too. They should:

Employees should adopt the following:

Organisation’s for support and information:

Citizens Advice Bureau:

 To provide advice to people for the problems they face

The main pieces of employment covered by law:

-bullying and harassment

-discrimination based on race, religion/belief, sexuality or gender

List the main features of employment that are covered by Law

The main features of employment that are covered by law are:

-bullying and harassment

-discrimination based on race, religion/belief, sexuality or gender

-dismissal and employee grievances.

Work related information:

Contract of Employment: What should be included?

The following should be provided in writing within 2 months of starting.

 Name of employer and employee

 Amount of wages before any deductions

The grievance procedure should be in writing, and should tell you:

There are normally 3 stages:

Disclosure and Barring Service