Abbigail Jade Crowe ERR Friday 10th June 2013
UNDERSTANDING EMPLOYMENT RESPONSIBILITIES AND RIGHTS IN HEALTH AND SOCIAL CARE SETTINGS
1. Know the statutory responsibilities and right of employees and employers within own area of work 2.1 List the aspects of employment covered by law 2.2 List the main features of current employment legislation
Overtime a body of law or legislation has developed governing employer/employee relations and right of employees and employers in the workplace subsequently amended by the employment relations Acts of 1999 and 2003, provides arrange of contractual rights for employees including entitlement to an itemised pay statement.
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The supervisor / manager should seek agreement to the resolution if possible. If the grievance involves the supervisor / manager the employee must bring to the attention of the next level of management.
The employee should set out the grievance in writing explaining the nature of the grievance and send a copy to either:
His or her immediate supervisor / manager ; his or managers immediate line manager; or the operational director at head office.
The person bringing the grievance has a statutory right to be accompanied by a work colleague or a trade union representative. They must make the arrangements, but if the accompanying work colleague is on duty, then prior notice must be given to the manager to ensure cover is arranged where required.
2.4 Identify the personal information that must be be kept up to date with own employer
Any information which your employer holds about you in connection with your employment is protected by legislation under the Data Protection Act 1998. This covers information held both on computer and in a manual filing system like your home address and phone number, emergency contact details, your bank details, details of any absences, copies of any appraisals, details of any disciplinary actions. You have a responsibility to help information
Personal data should be processed fairly and lawfully, this can be achieved by asking the employees to use their information, on the employment contract.
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.
Question 4- Identify sources and types of information and advice available in relation to employment responsibilities and rights. (1.1.4)
“Employees are encouraged to bring concerns, problems and grievances to management’s attention. You are also obligated to report any wrongdoing of which you become aware to your supervisor, or if the situation warrants, to any NMI officer” (New Moms Employee Handbook p. 33, 2015). Grievance forms are easily accessible to employees and participants.
John Doe was promised a raise that exceeded the amount allowed by the union contract. In an attempt to remedy the situation, John Doe, his union rep, the HR manager, and his departmental manager met to discuss the situation. The employee was informed that the maximum raise allowed was 6%, so that was all the company could legally give him. Mr. Doe has filed a grievance alleging breach of promise. Since the company and the employee are both limited by the 6% maximum raise, the employee should have no standing in his grievance. This item will be discussed at the next department head meeting, so please be prepared to discuss any alternate means to resolve this
The Data Protection Act 1998 is a piece of legislation that controls how an individual’s personal information is used by organisations, businesses and the government. This Act ensures that HR departments only collect data from individuals is covered by what we are allowed to collect under the Act, relevant and not excessive, we must also be sure that data is not stored for longer than necessary. We must ensure that data is stored securely and confidentially; and that we are open about the reasons why we are collecting and storing the data.
The main features of current employment legislation are:- Health and Safety at Work Act (1974), Minimum Wage Act (1998), Pensions Act (2008), Employment Rights Act (1996), Disability Discrimination Act (1996), Rehabilitation of Offenders Act (1974), Sex Discrimination Act (1975) and the Race Relations Act (1976) .
Taking legal actions out against your employer requires courage, dedication, and expenses. For an employee to turn and decide to take this particular route, they must have really felt that their rights were violated. It is mentioned in the textbook that, “Contesting an employer in the legal system is an expensive, protracted, uncertain, and emotionally draining process. Most employees who have their rights violated by their employers do something other than take legal action; they quit, join a union, withhold commitment and discretionary effort, just let it go, or talk it over with the employer and work things out.” (Walsh, Pg. 13). However, if this is not the case then there are a couple of things that need to be completed in order to successful take legal action.
It seems like we both answer the question for this week discussion. You did a very good job summarizing the union grievance process. To be honest, there are so many things that I was not aware of, that I am learning through this class. The union grievance process is very new to me and I am glad that I am getting the opportunity to learn it. I have worked for a while now but none of the organization or company that did hire me mentioned that the employees could get in touch with a steward in case a conflict does arise in the workplace. I have had one particular conflict two years ago at a home health care agency and this process would have been very helpful but I ended up contacting the Virginia department of labor to report my employer and
2. Grievance: - settle informally if possible or put in writing and give to the home manager. Once this has been done an investigation will take place. Within 10 working days of receipt of the grievance a meeting will be arranged to discuss the grievance. Within 5 working days of the meeting will be called to discuss the outcome. If no happy with the outcome you are entitled to appeal. The decision of the appeal will be final.
Take action with one or more co-workers to improve their working conditions through among others means, raising work-associated complaints directly with their employer or their employer or the government agency a seeking assistance from a union
provides that the employees have a right to self organize or to bargain through their
The procedure to follow if an employee wishes to raise a concern is as follows:
We are committed to safeguard your privacy, and will never reveal or pass any of your personal and professional information to anyone outside the company, under any circumstances.
In my union contract it states anything that is a job requirement, the employee must be compensated while doing it. I attended a weeklong mandatory class and the department decided they did not have the funds to compensate me. This resulted in my line manager and union grieving the process. HR is very involved in the grievance process and is helping to sort everything out. They are sitting in during the meetings to make sure everything stays fair. Unfortunately the grievance has not been resolved yet.