Employment Rights and Responsibilities Essay

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Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Introducing the Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development Welcome to the Childrens Care, Learning and Development (CCLD) Apprentices Employment Rights and Responsibilities (ERR) Workbook. This workbook forms part of your Apprenticeship; it covers important aspects of your work, and helps you understand your most important rights and responsibilities as a person employed in Childrens Care, Learning and Development.

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The purpose of ERR
There are many laws that protect us at work and ensure that we are treated fairly by an employer. At the same time, everyone who works has to take care that they behave well in work, looking out for their own and other peoples safety, and are reliable and trustworthy. Because this is so important, all Apprentices, whatever job they are doing, have an element of Employee Rights and Responsibilities (ERR) study during their Modern Apprenticeship.

¢ Or you may cover the learning outcome in other ways through work that you do towards your Diploma in Childrens Care Learning and Development and the completion of your Apprenticeship Framework in Childrens Care Learning and Development. There are a number of activities for you to complete to show that you have understood the programme and these are marked clearly. You will also find information and advice on further information, on reading for you to do using the internet. When you have completed all the learning outcomes your assessor will sign the Evidence Record Form at the end of your workbook. This is proof that you have completed the programme to the required standards and will then be sent off at the end of your Apprenticeship with your other certificates (your Diploma in CCLD) so that you can receive your Apprenticeship Certificate. We are sure you will find the information in this workbook useful and hope that you find the content and activities interesting. By completing it you will learn many important things that will help you be successful in work and in your career. Good
Luck with the ERR booklet and the rest of your Apprenticeship Programme!

How you can complete the ERR Programme
The ERR programme in this workbook is organised under eight learning outcome areas. You need to cover each of these learning outcomes in order to complete the Programme. Your assessor may ask you to complete the learning outcomes in one of the following ways: ¢ By using the materials and guidance in this workbook; ¢ By using materials that they provide;


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 1: Laws that protect you at work
This section will give you good information for the Units in the diploma that relate to Health and Safety.

There are a number of laws and regulations which have been written to protect you at work; they also protect your colleagues, the children you will work with and their parents or carers. As is usually the case, with rights go responsibilities; so these laws also tell you what you are expected to do and how you should behave at work. The most important of these laws are described below under four main headings: 1. Workplace Regulations: laws that keep everyone safe and reduce hazards and manage risks. 2. Employment Conditions: outlines the duties, rights and responsibilities of employers and employees. 3. Equal and Fair Treatment: ensuring that people have equal access to opportunities and that the diversity of the workforce is valued. 4. Working with Children: additional requirements that result from work undertaken with vulnerable people including children and their families.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

1. Workplace Regulations
CCLD MU 2.3: Understand how to safeguard the welfare of children and young people CCLD MU 2.4: Contribute to the support of children and young peoples health and safety

1.1 Health and Safety
The Health and Safety Executive is a government body that covers a varied range of activities related to workplace safety and regulation; from shaping and reviewing regulations, producing research and statistics and enforcing the law. Further information www.hse.gov.uk/index.htm Getting hurt at work or becoming ill through work shouldnt happen but the reality is that around 156,000 injuries are reported each year and an estimated 2.3 million people have ill health caused or made worse by their work. The following legislation has been developed to protect you and other people at work.

¢ To get in touch with the Health and Safety Executive or your local authority if your employer wont listen to your concerns, without being disciplined; and ¢ To have rest breaks during the working day, to have time off from work during the working week, and to have annual paid holiday.

Employee Responsibility re Health and Safety
¢ To take reasonable care of your own health and safety; ¢ If possible avoid wearing jewellery or loose clothing if operating machinery; ¢ If you have long hair or wear a headscarf, make sure its tucked out of the way; ¢ To take reasonable care not to put other people = fellow employees and members of the public at risk by what you do or dont do in the course of your work; ¢ To co-operate with your employer, making sure you get proper training and you understand and follow the companys health and safety policies; ¢ Not to interfere with or misuse anything that has been provided for your health, safety or welfare; ¢ To report any injuries, strains or illnesses you suffer as a result of doing your job; ¢ To tell your employer if something happens that might affect your ability to work. Because your employer has a legal responsibility for your health and safety, they may need to suspend you while they found a solution to the problem, but you will
normally be paid if this happens; and

Employee Rights re Health and Safety
Employers have legal obligations to ensure a safe and healthy workplace. As an employee, you have rights, and you have responsibilities for your own wellbeing and that of your colleagues. Your rights as an employee to work in a safe and healthy environment are given to you by law, and generally cant be changed or removed by your employer. The most important rights are: ¢ As far as possible, to have any risks to your health and safety properly controlled; ¢ To be provided free of charge with any personal protective and safety equipment; ¢ If you have reasonable concerns about your safety, to stop work and leave your work area, without being disciplined; ¢ To tell your employer about any health and safety concerns you have;


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

¢ If you drive or operate machinery, to tell your employer if you take medication that makes you drowsy they should temporarily move you to another job if they have one for you to do.

If an employer decides there are particular risks, they must reduce the risks to their lowest practical level and make sure the young person is carefully supervised while doing their job. If you are on a work experience placement you have the right to be provided with at least the same health, safety and welfare protection and care as any adult who works with you.

1.1.2 Relevant Legislation
Health and Safety at Work Act (1974)
This is a key piece of health and safety law. Under this Act it is your employers duty to make sure that you are protected from any risks and dangers which could occur in your workplace. As an employee you must avoid taking any unnecessary risks, must use any protective equipment or clothing
that you are provided with and follow any training or instructions you are given. All employers and selfemployed people have to do a careful examination of what in their work could harm people, so that they can weigh up whether they have taken enough precautions or should do more to prevent harm. This is called a risk assessment. Incidents at work involving death, serious injury and some diseases have to be reported to the Health and Safety Executive. All establishments with five or more employees must have a Health and Safety Policy which is accessible to employees and must record risk assessments and arrangements. If you are under 18, you have further protection through: The Health and Safety (Young Persons) Regulations (March) 1997. These Regulations are based on the view that young workers are particularly at risk in the workplace for a variety of reasons, such as: ¢ A general lack of experience; ¢ Their lack or awareness about occupation risks to their health and safety; and ¢ Their possible immaturity. Because of these additional risks for young people your employer must carry out an assessment of the risks to a young person working in their workplace, before any young person starts working for them.

Risk Assessment
A risk assessment is an important step in protecting workers and businesses, as well as complying with the law. It helps employers focus on the risks that really matter in the workplace the ones with the potential to cause real harm. In many instances, straightforward measures can readily control risks, for example ensuring spillages are cleaned up promptly so people do not slip, or cupboard drawers are kept closed to ensure people do not trip. For most, that means simple, cheap and effective measures to ensure your most valuable asset the workforce and any one using the service is protected.

Control of Substances Hazardous to Health Regulations 2002 (COSHH) Using chemicals or other hazardous substances at work can put peoples health at risk, so the law requires employers to control exposure to hazardous substances to prevent ill health. They have to protect both employees and others who may be exposed by complying with the COSHH Regulations 2002. Hazardous substances include: ¢ Substances used directly in work activities
e.g. adhesives, paints, cleaning agents; ¢ Substances generated during work activities e.g. fumes from soldering and welding; ¢ Naturally occurring substances e.g. grain, dust; and ¢ Biological agents such as bacteria and other micro-organisms.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) RIDDOR requires you to report some work related accidents, diseases and dangerous occurrences. It applies to all work activities. Examples of when your employer should report instances are: ¢ Death; ¢ Major injury such as 1. Fracture (other than fingers, toes or thumbs). 2. Amputation. 3. Dislocation of shoulder, hip knee or spine. 4. Loss of sight permanent or temporary. 5. Chemical or hot metal burn to the eye or any penetrating injury to the eye. 6. Injury resulting from an electric shock or electrical burn leading to unconsciousness or requiring resuscitation or admittance to hospital for more than 24 hours. 7. Any other injury; leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours. ¢ Over-three-day injury- an employee or self employed person working in or on your work premises suffers an over three day injury; ¢ Disease such as 1. Certain poisonings; 2. Some skin diseases such as occupational dermatitis, skin cancer, chrome ulcer; 3. Lung diseases including occupational asthma, farmers lung; and 4. Infections such as hepatitis, tuberculosis, anthrax and tetanus.

¢ Dangerous occurrences such as 1. Collapse, overturning or failure of load bearing parts of lifts and lifting equipment; 2. Explosion, collapse or bursting of any closed vessel or associated pipe work; and 3. Electrical short circuit or overload causing fire or explosion.

Manual Handling Operations Regulations 1992 (MHOR)
This applies to a wide range of manual handling activities, including lifting, lowering, pushing, pulling or carrying. The regulations require employers to: ¢ Avoid the need for hazardous manual handling, so far as is reasonably practicable; ¢ Assess the risk of injury from any hazardous manual handling that cant be avoided; and ¢ Reduce the risk of injury from hazardous manual handling, so far as is reasonably practicable. Employee duties are to: ¢ 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 and safety matters; ¢ Inform the employer if they identify hazardous handling activities; and to ¢ Take care to ensure that their activities do not put others at risk.

Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) These regulations aim to reduce risks to peoples health and safety from lifting equipment provided for use at work. In addition to the requirements of LOLER, lifting equipment is also subject to the requirements of the Provision and Use of Work Equipment Regulations 1998 (PUWER). 8

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Basically, these regulations require lifting equipment provided for use at work is: ¢ Strong and stable enough for the particular use and marked to indicate safe working loads; ¢ Positioned and installed to minimise any risks; ¢ Used safely, i.e. the work is planned, organised and performed by competent people; and ¢ Subject to ongoing thorough examination and, where appropriate, inspection by competent people. Lifting equipment includes any equipment used at work for lifting or lowering loads, including attachments used for anchoring, fixing or supporting it. The Regulations cover a wide range of equipment including, cranes, for-lift trucks, lifts, hoists, mobile elevating work platforms, and vehicle inspection platform hoists. If employees provide their own lifting equipment, then this too is covered by Regulations.

1.2 Laws that protect you and people who use the services you work in
SCH 21: Introduction to communication in health, social care or childrens and young peoples settings What is confidentiality? Confidentiality means not passing on information about a person, organisation, or situation to anyone who has who does not have a right or need to know it. There are many situations in which you should think about confidentiality. Personal information about anyone child, parents, other staff members should in general never be discussed with anyone else unless you have that persons permission, or there is a very good reason why someone else needs to know e.g. you suspect abuse or danger. Even then, sensitive information should not be passed on unless it is essential. For instance, it may be necessary to pass on the information that someone is sick, but not to say what their illness is. Information about contact details should never be passed on without permission, as to do so could place someone in danger. When working with children, there are particular issues concerning child protection and you will learn more about this when working towards your Diploma in CCLD especially the units about safeguarding and communication.

The Health and Safety (First-Aid) Regulations 1981
These regulations require employers to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given to employees if they are injured or become ill at work. They apply to all workplaces including those with five or fewer employees and to the self-employed. There are additional first aid requirements for people working in child care setting in Wales set by the regulator Care and Social Services Inspectorate Wales (CSSIW) and for that reason everyone completing a CCLD apprenticeship programme in Wales. As part of your CCLD Apprentice Framework in Wales you will have to complete Paediatric First Aid training by undertaking units: MP11 002: Managing paediatric illnesses and injury PEFA P001: Paediatric emergency first aid


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

The dangers of gossip. Confidentiality can be broken deliberately, or by accident for instance by leaving written information around where it can be seen. Probably the most common way of breaking confidentiality, however, is gossip idle conversation about other people. This includes talking about parents or staff to, or in front of, other parents or in front of the children and talking about any of the children to other parents or in front of other children. In a child care setting it is important to remember that children are people too; they have a right not to be discussed without good reason and children who can talk may also notice, understand and pass on much more than you think if you talk in front of them! Modern computer technology makes it possible for organisations to hold large amounts of information about people. This Act, which came into force in 2000, protects the personal information that organisations hold about people, whether that is in paper records or on computers. The Act says that information like this: ¢ Must be correct; ¢ Must not be used for any reason except the reason it is collected for (unless permission has been given); ¢ Must not, usually be passed on without permission; and ¢ Must be kept for longer than necessary. In CCLD settings this Act therefore affects the information that your employer can hold about the children and parents who use your service, and how it is used as well as information (i.e. personnel records) about you and other staff. Under the Act, everyone has the right to see what information is held about them by any organisation, to correct it if necessary, and to know how it is being used. A request to see information must be made in writing and there may be a charge. Information on how to do this is available on the website above.

Personnel Records: At work this means that you have a right to see what information is held about you in your personnel record and your employer must ensure that these records are accurate, stored securely and only accessible to those who have a legitimate need to do so. They cannot be released to a third party without your consent. Your employer will probably have had to register as a Data Controller, and must have policies for making sure they are not breaking the law when storing information. It is very important that you follow your organisations procedures when dealing with

1.2.1 Data Protection Act 1999 (guidance published in 2002)
CCLD MU 2.3: Understand how to safeguard the welfare of children and young people SCH 21: Introduction to communication in health, social care or childrens and young peoples settings

Additional Information
www.ico.gov.uk/about_us/regional_offices/ wales.aspx This Act covers all information held about individuals by an employer. The Act covers both computerised and manual records. The information must be held in a secure place and should not be available to unauthorised people.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

There are eight common-sense rules known as the data protection principles, these require personal information to be: ¢ Fairly and lawfully processed; ¢ Processed for limited purposes; ¢ Adequate, relevant and not to excessive; ¢ Accurate; ¢ Not kept longer than necessary ¢ Processed in accordance with your rights; ¢ Kept secure; and ¢ Not transferred abroad without adequate protection. This Act provides stronger protection for sensitive information about your ethnic origins, political opinions, religious beliefs, trade union membership, health, sexual life and any criminal history. The Act, with some exceptions, gives you the right to find out what information is held about you by organisations. This is known as right of subject accesses. On written request, you are entitled to be supplied with a copy of all the information and organisations holds about you.

¢ A requirements to consider discretionary disclosure in the public interest even when an exemption applies; ¢ A duty to publish information; and ¢ Powers of enforcement through an independent Information Commissioner and an Information Tribunal.

1.3 Employment Conditions
You can learn more about this on the website for the Advisory and Conciliation Service: www.acas.co.uk/index.aspx?articleid=1908

SCH 22: Introduction to personal development in health, social care or childrens and young peoples settings

1.2.2 Freedom of Information Act 2000
www.ico.gov.uk/about_us/regional_offices/ wales.aspx The Freedom of Information Act gives everyone the right to access information held by the public sector. This right includes Parliament, government departments, local assemblies, local authorities, health trusts, doctors surgeries, publicly funded museums and other organisations. The main features of the Act are: ¢ A right of wide general access to information, subject to clearly defined exemptions and conditions;

1.3.1 The Employment Rights Act 1996 (as amended by the Employment Relations Act 1999 and the Employment Act 2002) This is a large and complicated law that covers many of the rights and responsibilities of employers and employees, including: Particulars (Contracts) of Employment: A Contract (or Statement) of Employment comes into force as soon as a firm offer of employment has been made and accepted, even if agreement is only verbal e.g. at an interview. All employees are entitled to a written statement of the key terms and conditions of their employment within two months of starting work, providing the contract is to last for more than one month. 11

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Employment contracts may be open-ended (permanent), for temporary periods of employment or for fixed terms. They may be for full or part-time work. Any changes to employment contracts must be made following procedures which are designed to protect the employee from unfair treatment and ensure consultation on the nature of any changes proposed. Termination of a
contract is governed by procedures that are designed to protect the employee from unfair treatment; Right to an itemised pay statement and not to suffer unauthorised deductions: Employees have a right to a pay statement. The pay statement will give you information about how much you are being paid and how much is being taken from your pay (deducted); Right to time off work: Employees have a right to time off for public duties (e.g. if you are a Local Councillor, Justice of the Peace or for jury service), for duties as a trades union representative, for ante-natal care, to look for work or arrange training if you have been made redundant; Right to time off work for sickness: There is a statutory right to a prescribed level of sick pay which all employers must abide by. Some employers go beyond this and pay additional entitlements if employees are unwell. There are rules as to who can claim Statutory Sick Pay that relate to how old the employee is, how much they earn and whether they have or are claiming any other form of statutory benefit e.g. maternity pay or incapacity benefit; Parental Rights: This makes changes to maternity, paternity and adoption rights in the Employment Rights Act 1996. Maternity rights fall into four main categories: ¢ Time off for antenatal care; ¢ Maternity leave; ¢ Maternity benefit (Statutory Maternity Pay or Maternity Allowance); and ¢ Protection against unfair treatment or dismissal.

There are also rights for parents (including fathers) paternity leave and rights to flexible working hours for parents; Further information available at www.direct.gov.uk/en/Parents/ Moneyandworkentitlements/WorkAndFamilies/ Pregnancyandmaternityrights/index.htm www.direct.gov.uk/en/Parents/ Moneyandworkentitlements/WorkAndFamilies/ Paternityrightsintheworkplace/index.htm www.direct.gov.uk/en/Parents/ Moneyandworkentitlements/WorkAndFamilies/ Parentalleaveandflexibleworking/index.htm Termination of employment: Both the employer and employee are normally entitled to a minimum period of notice of termination of employment. After one months employment, an employee must give at least one weeks notice; this minimum is unaffected by longer service. An employer must give an employee: ¢ At least one weeks notice after one months employment; ¢ Two weeks after two years; and ¢ Three weeks after three years and so on up to 12 weeks after 12 years or
more. However, the employer or the employee will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment; Unfair Dismissal: The law on unfair dismissal gives employees a legal right to be treated in the way, which is fair and reasonable. Employees who feel that they have been dismissed or otherwise treated unfairly have the right to take their case to an independent Employment Tribunal providing certain rules are met about how long they have been employed;


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Redundancy Rights: Redundancy is where an employee is dismissed because: ¢ The employer closes down the business, or ¢ The employer closes down the employees workplace, or ¢ There is a diminishing need for employees to do work of a particular kind. If an employee is dismissed because of redundancy, he/she has the right to a payment from the employer provided that the individual has 2 or more years of continuous service. Service below the age of 18 does not count.

1.3.4 Working Time Directive and Working Time Regulations (1998) The Working Time Regulations give you a minimum right to: ¢ Work no more than 48 hours a week on average (though you can choose to work longer) ¢ Minimum daily rest periods (11 hours in every 24) and weekly rest periods (24 hours in every 7 days) ¢ Rest breaks at work (20 minutes if you work more than 6 hours) ¢ Paid annual leave (4 weeks a year, once you have worked for an employer for more than 13 weeks) The rights of young workers those over the minimum school leaving age but under 18 differ in the following ways: ¢ A limit of eight hours working time a day and 40 hours a week; ¢ Not to work between 10pm and 6am or between 11pm and 7am (except in certain circumstances); ¢ 12 hours rest between each working day; and ¢ Two days weekly rest and a 30-minute in-work rest break when working longer than four and a half hours.

1.3.2 National Minimum Wage Act (1998)
Workers are entitled to be paid at least the level of the statutory National Minimum Wage (NMW) for every hour they work for an employer. The most up to date rates including rates for apprentices are available at www.direct.gov.uk/en/Nl1/ Newsroom/DG_178175 Videos explaining the NMW and a podcast of the most up to date information are available at this website. www.equalities.gov.uk/equality_ act_2010.aspx

1.3.3 National Minimum Wage Regulations 1999
These contain detailed rules as to who qualifies for the national minimum wage. Further definitions and information is available at www.direct.gov.uk/en/Employment/ Employees/TheNationalMinimumWage/ DG_175113

1.3.5 Equal Pay Act (1970/1983)
The Equal Pay Act 1970 gives you the right to the same pay, benefits and conditions of employment as someone of the opposite sex where you are both doing the same or similar work.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

1.3.6 The Right to Time Off for Study or Training Regulations (2001) If you are 16 or 17 you have the right to paid time off work to study or train for approved qualifications to achieve a level 2 qualification for the first time. If you are 18 you also have this right so that you can complete study or training that you began when you were 16 or 17. This does not mean that you necessarily have to go to another place, such as a college, for this training. Study or training can be undertaken in your workplace, on the job or elsewhere on the site; or it could take place in a college, with an approved training provider, or through open or distance learning. How much time you can have will also depend on the circumstances in your organisation, and the effect for your employer of you having time off on the running of the business. It should be what is reasonable taking into
account the requirements of the course or training as well as the situation and needs of the workplace. You need to remember that some people are self-employed. They have different rights and responsibilities with regard to their entitlement to a range of statutory benefits. If they offer a service (e.g. childminding or private nanny service) they enter into a different kind of contract with the person or organisation for which they carry our any work and this is governed by different legislation.

1.3.7 Employment Relations Act 1999
This enables employees to be accompanied by a trade union official or colleague at a disciplinary or grievance hearing. For more information look at: www.direct.gov.uk/en/Employment/ TradeUnions/Tradeunionmembership/index. htm www.direct.gov.uk/en/Employment/ ResolvingWorkplaceDisputes/index.htm

1.3.8 Part-time Workers Regulations 2000
These give part-time workers the right not to be treated less favourably than comparable fulltime workers unless the difference in treatment is objectively justifiable. More information is available at www.direct.gov.uk/en/Employment/ Employees/Flexibleworking/DG_10027738

1.4 Equal and Fair Treatment Regulations
www.acas.org.uk/index. aspx?articleid=1363 www.equalityhumanrights.com Promoting equality and valuing diversity are integral parts of work in this sector and are also requirements for the new apprenticeships in Wales across all sectors. In CCLD you will find units that relate directly to this work:


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

At level 2 ¢ CCLD MU 2.8 Contribute to the support of positive environments for children and young people; ¢ SCH 23 Introduction to equality and inclusion in health, social care or childrens and young peoples settings. And at Level 3 ¢ CYP Core 3.7 Understand how to support positive outcomes
for children and young people; ¢ SCH 32 Promote equality, diversity and inclusion in health, social care or childrens and young peoples settings. The Acts and Regulations in this section are important for you in two ways. Firstly, as a trainee or employee in a workplace, the following legislation lists your legal rights and responsibilities. Secondly, as someone working with young children, it is very important that you are aware of the importance of treating all children equally, fairly and with respect. If you do not do this you may find that you are contravening the United Nations Convention on the Rights of the Child. It is also important, of course, that you treat all the people that you work with equally, fairly and with respect and that you do not discriminate. (By discrimination, we mean that you should not treat someone unfairly because of limited or inaccurate information you have about them).

1.4.2 The Race Relations Act (1976), Amendments (2000) and Regulations (2003) www.equalityhumanrights.com Taken together, these laws and regulations make it unlawful for anyone to discriminate against anyone else because of their race, colour, nationality (including citizenship), or ethnic or national origin. They apply to a wide range of situations, including: ¢ Jobs; ¢ Training; ¢ Housing; ¢ Education; and ¢ The provision of goods, facilities and services. So for example, your employer must not treat you in any way differently on grounds of race or ethnic or national origin. However, there are some situations when this is permissible for instance, where being of a particular race or ethnic or national origin is a genuine occupational requirement. The circumstances in which this would apply are identified in the Act. Under new legislation in 2003, your employer or work placement provider must also not discriminate against you, or harass you, because of your religion or belief, or because of your sexual orientation (e.g. because you are gay or lesbian, bisexual or heterosexual).

1.4.1 The Sex Discrimination Act (1975)
Under this Act an employer must not treat men and women who they employ differently if they cannot show a good reason for doing so and if either the men or women suffer because of being treated differently. The law also applies to treating married people and single people differently. Some
exemptions from the Sex Discrimination Act exist to cover very specific situations.

1.4.3 Equal Pay Act (1970)
www.equalityhumanrights.com It is unlawful to discriminate between men and women in terms of pay and other benefits if they are both doing the same job. (see Equalities Act 2010).


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

1.4.4 Human Rights Act (1998)
www.equalityhumanrights.com This Act gives legal effect in the UK to certain fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). There are 16 basic rights taken from the ECHR, these rights not only affect matters of life and death like freedom from torture and killing but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements. These rights include: ¢ Right to life; ¢ Prohibition of torture; ¢ Prohibition of slavery and forced labour; ¢ Right to liberty and security; ¢ Right to a fair trial; ¢ No punishment without law; ¢ Right to respect for private and family life; ¢ Freedom of thought, conscience and religion; ¢ Freedom of expression; ¢ Freedom of assembly and association; ¢ Right to marry; ¢ Prohibition of discrimination; ¢ Protection of property; ¢ Right to education; ¢ Right to free elections; and ¢ Abolition of the death penalty.

1.4.5 Disability Discrimination Act (1995)
www.equalityhumanrights.com This Act gives disabled people rights in the areas of: ¢ Employment; ¢ Access to goods, facilities and services; and ¢ Buying or renting land or property. Employers have a responsibility to make reasonable adjustments to working practices and the workplace in order that the needs of disabled employees can be met, for example by altering doorway
and toilet arrangements. A disabled employee is someone with a physical or mental impairment. An employer may be able to justify discrimination against a disabled person if there are good reasons why the persons disability would prevent them from doing the job and it is not possible to make reasonable adjustments. Since September 2002 (under the Special Educational Needs and Disability Act 2001) schools, including nursery schools, must not discriminate against disabled children and disabled prospective pupils.

1.4.6 The Welsh Language Act (1993)
www.bwrdd-yr-iaith.org.uk The Welsh Language Act 1993 confirms in law that Welsh and English are equal in Wales. It places an obligation on the public sector to treat the Welsh and English languages on the basis of equality in the provision of services to the public in Wales. The Welsh Language Board was formed in 1993 under the terms of the Act. Its main function is to promote and facilitate the use of the Welsh language.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

1.4.7 Equality Act (2010)
www.equalityhumanrights.com Over the last four decades, discrimination legislation has played an important role in helping to make Britain a more equal society. However, the legislation was complex and, despite the progress that has been made, inequality and discrimination persist and progress on some issues has been stubbornly slow. The Equality Act 2010 provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to prepare for them. The Government is considering how the different provisions will be
commenced so that the Act is implemented in an effective and proportionate way. About 90% of the Act came into being on the 1st October 2010 including: ¢ The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport; ¢ Changing the definition of gender reassignment, by removing the requirement for medical supervision; ¢ Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers; ¢ Clearer protection for breastfeeding mothers; ¢ Applying the European definition of indirect discrimination to all protected characteristics;

¢ Extending protection from indirect discrimination to disability; ¢ Introducing a new concept of discrimination arising from disability, to replace protection under previous legislation lost as a result of a legal judgment; ¢ Applying the detriment model to victimisation protection (aligning with the approach in employment law); ¢ Harmonising the thresholds for the duty to make reasonable adjustments for disabled people; ¢ Extending protection from 3rd party harassment to all protected characteristics; ¢ Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health; ¢ Allowing claims for direct gender pay discrimination where there is no actual comparator; ¢ Making pay secrecy clauses unenforceable. ¢ Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment; ¢ Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce; and ¢ Harmonising provisions allowing voluntary positive action.1

1.4.8 Employment Equality (Religion or Belief) Regulations 2003 It is unlawful to discriminate against employees on the grounds of religion or belief (see Equalities Act 2010)




Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

1.4.9 Employment Equality 1.5.1 The Children Act (Sexual Orientation) (1989)/(2004) This Act makes the welfare of children the most Regulations 2003 important consideration when any decisions are It is unlawful to discriminate against employees on the grounds of sexual orientation (see Equalities Act 2010). being taken about them. In general, it is assumed that parents will make the best decisions for their children, and that a child is best looked after by its family. Whenever possible, a child should be asked about its wishes, and every effort should be made to keep a child in touch with its wider family, even if a court feels it is not best for the child to live with its parents. The Children Act (2004) confirms the role of the Childrens Commissioner in Wales who has the function of promoting the awareness of the views and interests of children in Wales. Further Information: www.childcom.org.uk

1.4.10 Protection from Harassment Act 1997
It is unlawful to harass someone. Individuals can claim damages and/or seek a court order to stop the harasser from continuing the harassment.

1.5 Working with Children
Further Information: www.estyn.gov.uk There are particular areas of legislation which affect those working with children. These laws and regulations provide a framework for the delivery of childcare in Wales.

1.5.2 The Care Standards Act (2000)
The Care Standards Act (2000) introduced a legal framework for the registration and inspection of child minding and day care. In Wales, the Welsh Assembly Government sets National Minimum Standards and these
standards are used by the Assembly Governments Care and Social Services Inspectorate Wales (CSSIW) when determining whether child minders and providers of day care are providing adequate care for children under eight and are otherwise complying with the relevant requirements.

CCLD MU 2.2: Contribute to the support of child and young person development CCLD MU 2.3: Understand how to safeguard the welfare of children and young people CCLD MU 2.9: Understand partnership working in services for children and young people


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

1.5.3 The Child Minding and Day Care (Wales) Regulations 2002 (Amended 02/03) Further information: http://wales.gov.uk/topics/ health/socialcare/carestandardsact/?lang=en These regulations apply National Minimum Standards and supporting criteria to all registered childcare providers. They set down minimum standards covering a number of areas including health and safety, child protection, special needs, care, learning and play. Registered providers also have to meet required ratios of adults to children and there are requirements for staff qualifications. They separately cover childcare in six different settings: ¢ Full day care; ¢ Sessional care; ¢ Cr¨ches; ¢ Out of school care; ¢ Child Minders; and ¢ Open Access Play Provision. All settings which are subject to these regulations are inspected on a regular basis by Care and Social Services Inspectorate Wales (CSSIW).

Disclosure from the Criminal Records Bureau (CRB) and checks are also made against lists held by the Department of Health and the Department for Education and Skills.

1.5.5 Independent Safeguarding Authority and the Vetting and Barring Scheme www.isa.homeoffice.gov.uk/pdf/VBS_ guidance_ed1_2010.pdf www.isa-gov.org.uk
On 15 June 2010, the UK Government announced plans to halt voluntary registration with the new Vetting and Barring Scheme while a review is undertaken to remodel the Scheme. While this is underway existing safeguarding regulations remain in force and should be adhered to. The following changes came into effect from 12th October 2009 and remain in place: ¢ Since January 2009, the Independent Safeguarding Authority (ISA) has been making independent barring decisions. It will continue to maintain two constantly updated lists, one for those barred from working with children, the other for those barred from working with vulnerable adults; ¢ Existing requirements concerning Criminal Records Bureau (CRB) checks will remain in place, and those entitled to such checks can continue to apply for them; and ¢ Employers are still legally obliged to refer information to the ISA if they have moved or removed an individual because they have harmed or there is a risk of harm to a member of a vulnerable group. The official announcement by The Home Secretary, Theresa May can be found on The Independent Safeguarding Authority website.

1.5.4 Protection of Children Act (1999)
www.crb.gov.uk This law created a list of people who have committed crimes, or behaved in ways which harm a child, or put a child at risk of being harmed. Your employer must therefore check to see that none of the people she or he employs is on the list, and must report any employee who harms a child or puts a child at risk. All people working with children have to undergo an Enhanced Criminal Records 19

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 1
Each law protects different aspects of your work and the workplace. Look at the table below, and using the information in the preceding pages under Learning Outcome 1, decide which of the laws covers which situation and write the name of that law in the column on the right. For example, Hours of Work are covered by the Working Time Directive.

Someone wants to know how many hours a day you can be asked to work. Your workplace needs to deal with some hazardous substances. Which laws govern how they are dealt with? Someone has an accident at work which leaves them with a permanent disability. Which laws protect them? A male early years worker feels he was the best candidate for a job that he did not get. Which law would support his challenging the decision? A parent asks for the personal address of another parent using an early years setting. What Act would you have to think about before responding to the request? A member of staff has a new baby. What Law would she need to understand to make sure she gets all of her rights? A workplace has no or very few black or Asian children or workers, though there are mostly black and Asian families in the area. The temperature of a workplace needs to be regulated. What Act does this? There is a lot of large, heavy play equipment which needs to be tidied away at the end of a session. What Act would you need to be mindful of? A female member of staff finds their pay is less than that for a male colleague who does the same job as her. What Act could she use to challenge the situation? Several staff are absent at the same time and there are insufficient staff to work with the children.

Name of relevant law
Working Time Directive


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 2: Procedures and Documentation Putting the law into action SCH 22: Introduction to personal development in health, social care or childrens and young peoples settings

As an employee or a trainee in the workplace you have rights and responsibilities at work in the eyes of society and of the law. RIGHTS are what are due to you according to the law. RESPONSIBILITIES in law are
actions that you must do. Your Rights and Responsibilities are laid out in the laws we have discussed in Learning Outcome 1. However, you do not need to know each law in detail! In your workplace, there will be procedures and policies based on these laws, and it is your responsibility to follow those procedures. You will also have documents, such as employment contracts or learning agreements, which tell you both what you have a right to expect from your employer and what your responsibilities in the workplace are.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

2. Information about your job 2.1 Contract (or Statement) of Employment When an employer offers you a job and you accept it, you make a contract with each other (even if at this stage the agreement is only verbal). By law, this contract must be written down (unless you are working for fewer than 8 hours a week). It is an important document and you should make sure you have seen and understood your own contract. www.acas.org.uk New employees must be given the following information in writing in one document within two calendar months of starting work: ¢ Names of employer and employee; ¢ Date when employment began; ¢ Scale and rate of wages; ¢ How often wages are paid; ¢ Hours of work and any conditions related to them; ¢ Holiday entitlements including any right to holiday pay; ¢ Length of notice of the termination of the contract by employee and employer; ¢ Job title or brief job description; ¢ Where employment is not permanent, the period for which it is to continue; ¢ Place of work; ¢ Grievance procedures; and ¢ Any collective agreements (i.e. agreements which have been made through the discussions of a trade union with an employer) which directly affect terms and conditions of the employee. The following information must also be provided but the employee may be referred to an easily accessible document such as a Staff Handbook or Policy Manual: ¢ Sickness, injury and sick pay; ¢ Pensions and pension schemes; ¢ Terms relating to notice of termination of the contract; and ¢ Disciplinary rules and procedures.

2.2 Information for Apprentices or Candidates
As a candidate for a qualification, you should also be given information about how you will be assessed and what to do if you are unhappy with an assessment decision and want to appeal against it.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 2
Look at the information you have about your employment or training placement (e.g. your contract or agreement). What does it tell you about your right to:

Sick leave and sick pay

Annual Leave

Hours of work

Notice of termination of the contract or agreement



Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

2.3 Disciplinary and Grievance Procedures
Disciplinary and Grievance procedures are designed to ensure that problems at work can be solved fairly. Although most working people do their best to ensure a happy and harmonious work place, there are occasions when things dont go smoothly.

2.3.1 What is a Disciplinary Procedure?
If you fail to comply with your contract/code of conduct or to follow your job description, you could find yourself facing disciplinary proceedings. Perhaps you have been consistently late in arriving at work or the way that you dress has been inappropriate. The purpose of a disciplinary procedure is to investigate whether you actually did break a rule, whether it was your fault (for instance, you may not have been given information about the rule in the first place) and, if so, what action should be taken. A disciplinary procedure should be available in writing. It may describe informal action, then a formal disciplinary procedure. This should include information on: ¢ Why the disciplinary action is being taken; ¢ Who will be involved; ¢ What support or advice you can seek or expect; ¢ Your right to be accompanied by a fellow worker or trade union official; ¢ What opportunity you will have to speak for yourself; ¢ What will be written down; ¢ What the outcome could be; ¢ How long each stage will last; and ¢ How you can appeal.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 2.3.1
Talk to people or examine documents in your workplace and find the answers to the following questions:

Q. What things would lead to disciplinary action in your workplace?

Q. What steps would be taken under the procedure?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

2.3.2 What is a Grievance Procedure?
Anybody working in an organisation may, at some time, have problems or concerns about their work, working conditions or relationships with colleagues that they wish to talk about with management. If so, you should be able to follow a grievance procedure. The grievance procedure should be in writing, and should tell you: ¢ Who you should complain to first (you are often 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. If you are taking out a grievance, it is important that you have as much evidence as possible to back up your complaint. In certain very serious cases, particularly if you have lost your job as a result of a disciplinary procedure which you felt was unfair, or you have resigned because a serious situation was not dealt with properly through the Grievance Procedure, you may be able to take a case to an Industrial Tribunal. You would probably find it necessary to seek advice from a professional (such as a Trade Union representative or the Citizens Advice Bureau) if you needed to do this.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 2.3.2
Talk to people or examine documents in your workplace and find the answers to the following questions:

Q. What things might lead to a trainee or member of staff wanting to complain about a grievance in your workplace?

Q. What would actually happen if a grievance was taken up?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning
and Development

2.4 Bullying and Harassment in the Workplace
www.bullyonline.org Employers have a duty of care to protect their employees from being bullied or harassed in the workplace and your organisation should have policies which you should know and follow if this happens to you. Anyone who genuinely feels that they are being singled-out for unfair treatment by a boss or colleague(s) is probably being bullied or harassed. Harassment may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient. Harassment can also have a specific meaning under certain laws (for instance if harassment is related to sex, race, disability, religion or belief, or sexual orientation, it may be unlawful discrimination). Bullying may be offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power intended to undermine, humiliate, denigrate or injure the recipient. Bullying and harassment may be face-to-face, or by telephone, letter or e-mail. It may be passed off as a joke, or something that everyone should expect, but if it makes you unhappy you have a right to expect it to stop. If you feel you are being harassed, bullied, or dealt with unfairly, you should first find out what your company procedures are and who to contact. You may wish to get the support of a friend or manager; it is always a good idea to collect and keep evidence if possible. In some cases, you may wish to speak to a trade union official. There are also Internet and telephone helplines, and the Citizens Advice Bureau, where you can get support and advice.

Useful contacts
¢ Acas (Advisory, Conciliation and Arbitration Service) ¢ Citizens Advice Bureau ¢ Jobcentre Plus ¢ businesslink.gov.uk

! REMEMBER Make sure that you are not the one who is doing the bullying. Always think about the effect that your behaviour may have on other people. If you have a problem, try and talk it through with the person concerned. If
you do not feel that this is possible, talk to your supervisor or another neutral person.

2.5 Whistleblowing
If you believe there is malpractice or wrongdoing happening in a workplace then you can blow the whistle on the behaviour and you could be protected from losing your job and/or being victimised by your employer.

2.5.1 Whistleblowing
The official name for whistleblowing is making a disclosure in the public interest, however it is much more commonly called blowing the whistle or whistleblowing. It means that if you believe there is wrongdoing in your workplace (eg your employer is committing a criminal offence) you can report this by following the correct processes, and your employment rights are protected. If you decide to blow the whistle on an organisation you are protected and your employer cannot victimise you (eg by not offering you a promotion or other opportunities your employer would have otherwise offered).


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Whistleblowers are protected for public interest, to encourage people to speak out if they find malpractice in an organisation or workplace. Malpractice could be improper, illegal or negligent behaviour by anyone in the workplace.

2.6 Taking Time Off
It is your responsibility to yourself, your co-workers and the children in your care, to be at work for the hours you are paid to do, unless there is very good reason not to. However, sometimes you may be genuinely too ill to go to work. When this happens, you have a right to take time off, (though you will have to get proof of illness if you are off for more than a few days), and you have a responsibility to inform your employer as quickly as
possible if you will not be in work. In Learning Outcome 1 we have listed ways in which you can legitimately take time off. However, you must inform your employer if you need to do this and follow any procedure laid down for these activities. If you are a trainee on placement, you are also entitled to have time off to attend job interviews. In addition you have a right to paid leave (holiday). Employers cannot manage their workplace if everyone takes this right whenever they want to, without notice, and perhaps all together. Most employers have procedures for applying for paid leave, and may have rules to ensure that there are always enough staff on duty this is especially important in early years settings, because of the regulations about child-staff ratios.

2.5.2 Protection for Blowing the Whistle
You are protected as a whistleblower if you: ¢ Are a worker; ¢ Believe that malpractice in the workplace is happening, has happened in the past or will happen in the future; ¢ Are revealing information of the right type (a qualifying disclosure); and ¢ Reveal it to the right person, and in the right way (making it a protected disclosure). Worker has a special wide meaning in the case of whistleblowing. As well as employees it includes, agency workers and people who arent employed but are in training with employers. Some selfemployed people may be considered to be workers for the purpose of whistleblowing if they are supervised or work off-site.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 2.6
Find out what you need to do in your workplace if you want legitimate time off work. Make a note below of what you need to do.

Find out what you need to do in your workplace, if you cannot come to work because you are ill. Make a note below:

Look at the list of possible reasons for having time off from work given below. Which of these reasons is not a legitimate reason to take time off? (tick the items) n Going to the dentist n Visiting a friend in hospital n Being a juror in court n Attending Court n Medical appointments if you are pregnant

Why do you think employers dont have to give you time off for the items that you have ticked?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

2.7 Understanding a Pay Slip
If you are an employed apprentice, another important work document is your pay slip. (Even if you are not yet employed, you might find it helpful to read through this section, so that you will understand a payslip when you receive one). This will give you information about how much you are being paid and how much is being taken from your pay (deducted). Pay slips should contain the following information:

National Insurance is a compulsory insurance scheme for people in work. The employee and the employer both contribute and in return, employees have a right to treatment under the National Health Service, to a basic retirement pension, and to benefits when they are sick, disabled, unemployed, or pregnant or looking after a new baby. Each person has a National Insurance number, which appears on their National Insurance Card, and on their payslip.

c. Income Tax
Income Tax is also compulsory. Part of each persons earnings is collected by the government, and then used to pay for the things that we need as a country, such as schools, roads, defence and hospitals. When you start working you will be given a Tax Code that will indicate to your employer how much tax you should pay. Each year you will receive a P60 form, which will
show how much you have earned and how much tax you have paid, that year. When you leave a job, your employer must give you a form called a P45 form and you must give this to your new employer or keep it safe for future use if you do not go at once to another job.

a. Payments
The payment boxes will show how much you have been paid for that week, or month (depending on how often you are paid), before any money has been taken off. This is known as the gross pay. It will also show how much you will actually get, once deductions have been made. This is known as the net or take-home pay. The payslip may also show you how much you have earned so far this year (for these purposes a year usually starts in April as this is when the Income Tax Year starts).

b. Deductions Why is money taken from your earnings?
By law, every employee has certain amounts of money taken (deducted) from their wages. This is to cover National Insurance and Income Tax. Your employer may also agree with you to make other deductions from your wages such as pension contributions. If you are a trainee these deductions will not be made from your training allowance, but as soon as you become employed you will find that some or all of these deductions will apply to you too, so its worth taking this opportunity to find out more about them.

d. Pensions
Pensions are the savings we make when we are working that will give us an income (a pension) to live on when we are past working age. The Basic State Pension is based on the amount of National Insurance a person has paid. Occupational and Stakeholder Pensions are additional schemes which the employer and employee pay in to in order to pay an additional pension on retirement.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 2.7
Look at the sample payslip below and read the notes on the preceding pages. Explain why each of the following items in a payslip is important to you. PAYSLIP Name: Jilly Watling Employer: Teletubbies Nursery

Employee No. 062

Tax Code 568LR

Tax Period 3

Nat Ins Code A

National Insurance No. KT 66 88 99 D

Address: Jilly Watling 14 Broome Road Anytown AB8 5CD

Gross Pay Taxable Pay Income Tax National Insurance Contribution Pension Contribution NET PAY

£1030 £785 £100 £50 £50 £830 Net Pay Year to date £3180

Name Employer name Pay before deductions (gross pay) National Insurance Number The deductions made for National Insurance The Tax Code The deductions made for Income Tax The deductions for a pension The amount of pay you actually receive (after deductions) 32

Why is this important information?

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

The following activities will give you the opportunity to explore how other
aspects of legislation that are covered in Learning Outcome 1 are incorporated into the procedures and documentation in your workplace (you may need to refer to Learning Outcome 1 for help with some of the activities)

Activity 2.7 Data Protection in Your Workplace
1. List the types of information that are held on your personnel record and say why you think that they are needed.

2. Who should you inform if you are changing your personal details (e.g. if you move house)?

3. How should your records be stored and who has right to see them?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

2.7 Equal and Fair Treatment in Your Workplace
1. Find out who is the responsible person for all aspects of Equal Opportunities in your workplace:

2. Are there any exemptions from the Sex or Race Discrimination Acts which would apply in your workplace?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 2.8 2.8 Health and Safety in Your Workplace
For this activity you will be able to refer to information and activities that you undertook during your induction training, as well as referring to Learning Outcome 1 and work that you may be doing towards your Diploma in CCLD.

1. Locate the Health and Safety chart in your workplace and write down who is the person responsible for Health and Safety.

2. How does the way in which you work comply with Health and Safety regulations?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

2.9 Summary Activities for Learning Outcome 1 and 2 Activity 2.9.1 We should all be able to expect that every workplace will comply with its statutory and quality requirements. Look at the table below, and using the Learning Outcome 1 and 2, find out and write down which statutory body has responsibility for each issue. Issue The cleanliness of a workplace kitchen Ensuring that staff do not get bullied at work, and providing support and advice if that should happen. Ensuring that there are adequate staffing levels in all child care settings. Ensuring there are adequate facilities for dealing with fire. Ensuring all staff are treated fairly

Statutory Body

Activity 2.9.2 Rights and responsibilities remembering the difference Use the word RIGHT or the word RESPONSIBILITY to fill in the gaps in the following sentences. 1. Employees have a 2. Health and safety is everyones 3. It is your 4. Employed people have a to tell your employer if you go off sick. to have a contract of employment. to a rest break


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 3: Getting Information and Advice About your Rights and Responsibilities SCH 23: Introduction to equality and inclusion in health, social care or childrens and young peoples settings SCH 22: Introduction to personal development in health, social care or childrens and young peoples settings

We have looked at the most important laws which set out your rights and responsibilities as a worker in an early years setting. There are many organisations whose job it is to make sure laws and regulations are known and understood and to take action if they are not obeyed. In general, if you have queries, concerns, or problems regarding any of the laws which affect your work, your first responsibility is to discuss them with your supervisor or employer. However, it is often useful to know where you can turn if you need further advice or information.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

3.1 Internal Policies and Procedures
In your workplace there is information on how the organisation is run. The National Minimum Standards for Child Minding and Day Care require settings to have policies and documentation in place and these will be explained to you in your induction in to your workplace. These will include policies, staff manuals, guidelines, and records. Your Induction Officer or Workplace Manager will be your first point of contact if you have any queries. You should also be able to get advice from: ¢ Your manager in the workplace; ¢ Supervisors within the workplace; ¢ The learning provider who is providing your Apprenticeship programme; and ¢ Union representatives if there are any within the workplace.

You will know who the enforcing authority for health and safety in your organisation is from the poster in your workplace and your first point of call for health and safety is your Health and Safety Representative.

3.2.2 Equalities and Human Rights Commission
www.equalityhumanrights.com EHRC have a statutory remit to promote and monitor human rights; and to protect, enforce and promote equality across the seven protected grounds age, disability, gender, race, religion and belief, sexual orientation and gender reassignment. One of their key roles is to provide advice and guidance on rights, responsibilities and good practice, based on equality law and human rights. They aim to secure an effective legal and regulatory framework for equality and human rights by influencing legislative and policy developments and by using their statutory powers. Contact Information in Wales 3rd floor, 3 Callaghan Square, Cardiff, CF10 5BT Telephone: 029 2044 7710 (non helpline calls only) Textphone: 029 2044 7713 Fax: 029 2044 7712 E-mail: [email protected]

3.2 External Sources of Information
The following is a list of organisations available to help and advise you or your manager at work:

3.2.1 Health and Safety Executive (HSE)
www.hse.gov.uk Great Britains Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) are responsible for the regulation of almost all the risks to health and safety arising from work activity in Great Britain. Its mission is to protect peoples health and safety by ensuring risks in the changing workplace are properly controlled. The HSE lays down regulations, and provides guidance, on all issues concerned with health and safety at work.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

3.2.3 Environmental Health
Each area of the country has a local authority department responsible for many environmental issues including: ¢ Food Safety & Hygiene; and ¢ Health &
Safety. They can therefore inspect premises where food is provided to the public, and workplaces to ensure that Health and Safety regulations are being followed, and they can investigate complaints and accidents involving food hygiene and health and safety.

Four regions (North Wales; South East Wales; Mid and South Wales and South West Wales) are the focus for professional assessment and judgment about services and organisations. They inspect and review local authority social services and regulate and inspect social care and early years settings and agencies. Their national office, currently based at two locations in Cathays Park, Cardiff and Nantgarw, leads on managing and analysing information to deliver all Wales reviews and provides professional advice to improve services. This organisation has the legal responsibility for inspecting all organisations, which provide care for children under 8. CSSIW publishes the regulations (see Child Minding and Day Care Regulations), guidance on how to meet them and other information including inspection reports for all establishments inspected.

Social Services Department
Each area of the country also has a local authority department responsible for Social Services, overseeing a wide range of social provision, such as residential, day and community care for adults. It also has a major role in the protection and care of children, and is a key member of the Local Safeguarding Children Boards (LSCB) in Wales. You can identify the Departments in your Local Authority by looking in your telephone directory/ Yellow Pages, or they may have a website.

3.2.5 Welsh Local Government Association

Children Services Need

3.2.4 Care and Social Services Inspectorate, Wales (CSSIW)
http://wales.gov.uk/cssiwsubsite/newcssiw/ aboutus/?lang=en CSSIW carries out its functions on behalf of Welsh Ministers, and although we are part of a
Department within the Welsh Assembly Government there are a number of safeguards in place to ensure our independence.

Services for children within education and lifelong learning play an important role in ensuring that children have the best start in life and that they enjoy early opportunities to engage and participate. Effective services for children and their families ensure active engagement and achieve better outcomes and attainment for children in Wales. Services for children are planned and delivered by the Children and Young Peoples Partnerships through the Children and Young Peoples Plan. Childrens services include childcare, parenting support, Flying Start, play, Cymorth, the Foundation Phase and Family Information Services. There have been numerous policy developments from the Welsh Assembly Government which have impacted on services for children at a local level. 39

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Recent enactment of the Children and Families (Wales) Measure has resulted in a new Child Poverty Strategy and Developmental Plan and a new duty on local authorities in respect to play.

3.2.6 Estyn
www.estyn.gov.uk Estyn is the office of Her Majestys Inspectorate for Education and Training in Wales. We are an independent. ESTYN inspects nursery schools and settings maintained or used by local education authorities (LEAs).

They run the Childrens Information Service (CIS) which gives information to parents on the availability of nursery education and childcare in their area. They also provide advice on recruitment and training and some run vacancy services. The EYDCPs offer a training directory of courses for professional development training in early years. EYDCPs in Wales can be identified from the website above or by telephoning this number: 0845 1303637 (Eng) 1303639 (Welsh)

3.2.8 Children in Wales: Early Years
The early years work within Children in Wales concentrates specifically on the needs of the under eights and their families, and works with a wide range of organisations in all sectors.

3.2.7 Early Years Development and Childcare Partnerships (EYDCPs) Every Local Authority is required to have an Early Years Development and Childcare Partnership (EYDCP), which supports childcare, health, and education services. The EYDCP assists with childcare issues for 0 10yr olds and play issues for 5 14 yr olds. The main objectives of this group are: ¢ To build local capacity and infrastructure; ¢ To administer Childcare Strategy grants; ¢ To look at development work; ¢ To sustain provision; ¢ To support pre-school education; ¢ To work in partnership with the Children and Young Peoples Information Service (CYPIS); and ¢ To organise and fund training for childcare providers.

The Early Years work aims to: ¢ Raise awareness of the needs of young children; ¢ Improve policy and service provision for children across education, health, social services and the voluntary sector; ¢ Support the raising of professional standards of practice; and ¢ Respond to the needs of young children and families in Wales and those who work with them. Services Provided ¢ Links with networks in the early years field; ¢ Consultancy and advice; ¢ Support for developing a coordinated approach to service planning; ¢ In service training, through a programme of multi-disciplinary conferences and seminars; ¢ A range of training materials; and ¢ Research.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

What We Do
Networking across Wales with: ¢ 22 local authorities sharing information on
partnership working and policy developments to: ¢ Early years Development and Childcare Partnerships; ¢ Sure Start Partnerships; ¢ Early Years Forums and County Voluntary Councils; ¢ Early years and Sure Start partnerships task groups training, quality assurance, special educational needs; ¢ Under Eights Coordinators/Registration and Inspection Officers; ¢ Early Years Advisers; ¢ Organisations Mudiad Ysgolion Meithrin, Wales PPA, National Childminding Association, Home Start Wales, SNAP Cymru, Chwarae Teg; and ¢ Care and Social Services Inspectorate Wales. Organising ¢ Conferences and training seminars to disseminate latest information and research on early childhood issues; and ¢ Campaigns across Wales to influence policy and government in Wales and Westminster. Supporting Parents ¢ Developing support materials for parents of young children including The Healthy Child Resource materials, and Us a set of magazines to support Teenage Parents in groups or on a one to one basis; ¢ Training programmes for health authorities, Sure Start Partnerships, voluntary organisations, community groups on setting up parenting support initiatives; ¢ Developing a parenting database; ¢ Contributing to the National Family Parenting Institute database of parenting services; and ¢ Family Information Services in Wales. 41

3.2.9 Childrens Commissioner for Wales
www.childcom.org.uk Here are some of the things that the Commissioner and his staff do for Wales children and young people: ¢ Telling everyone, including children and young people, about the Commissioner and about childrens rights; ¢ Meeting with children and young people and listening to what they have to say about issues that affect them; ¢ Talking to children and young people about the Commissioners work, what else they think he should do and how he should do it; ¢ Looking at the work of organisations like councils and health trusts to see if they are thinking about childrens rights; ¢ Telling people who can make a difference what children and young people think is important and how to improve things; and ¢ Giving advice and information to children and adults who contact the Commissioners team.

3.2.10 Mudiad Ysgolion Meithrin
www.mym.co.uk Mudiad Ysgolion Meithrin is a voluntary organisation. It aims
to give every young child in Wales the opportunity to benefit from early years services and experiences through the medium of Welsh. This is achieved throughout Wales in the Mudiads: ¢ Cylchoedd meithrin; ¢ Cylchoedd Ti a Fi; ¢ Day nurseries; and ¢ Integrated centres.

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

3.2.11 Wales Pre-School Providers Association
www.walesppa.org Wales Pre-school Providers Association (Wales PPA), is an independent voluntary organisation, which is an educational charity. It is the largest provider of community based pre-school childcare and education in Wales. The current membership of Wales PPA is approximately 1000, supporting and providing quality learning experiences through play for approximately 29,000 children.

3.2.13 Trade Unions
www.tuc.org.uk A trade union is an organisation which represents employees in discussions about terms and conditions of service, such as 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. Trade unions and their representatives will be able to give advice, and if necessary support, to individual employees about their rights and responsibilities.

3.2.12 SNAP Cymru
PARENT PARTNERSHIP SERVICE SNAP Cymrus Services are free to families at the point of delivery. Our teams of trained staff and volunteers help: ¢ Families to make informed decisions about school and other educational placements and provision from health, education, social services and other agencies; ¢ Families to work in partnership and maintain good working relationships; ¢ Schools in continuing to develop increasingly good working practice with young people, parents and carers; and ¢ Families to play an active and valued role in their childs education and development giving families a voice and choice.

3.2.14 The Citizens Advice Bureau
www.citizensadvice.org.uk The Citizens Advice Bureau Service offers free, confidential, impartial and independent advice. Citizens Advice Bureaux help solve nearly six million new problems every year which are central to peoples lives, including debt and consumer issues, benefits, housing, legal matters, employment, and immigration. Advisers can help fill out forms, write letters, negotiate with creditors and represent clients at court or tribunal. Many bureaux provide specialist advice, often in partnership with other agencies such as solicitors and the probation service. To find out where your local Citizens Advice Bureau is, check out the national website at the address above, or look in your local Yellow Pages.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 3.1.3 Sources of Information
1. List three items of information which you think should be included in a Staff Handbook.

2. Find out the contact details for your local Early Years Development and Childcare Partnership and write them down here:


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 4: Understanding your Job Role and Occupation 4.1 Your Job Role Many of the things we have already talked about in this workbook will only be really useful to you if you are clear about your job role.

Activity 4.1.1
Think about what you do and, if you have one, read your job description. Describe your role in the workplace in your own words.

My job title is:

My duties are:


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

4.2 Organisation Structures and Organisation Charts
Its important in any workplace that we know what our job role is and how it fits in with the work and the responsibilities that other people have. We can show who is more senior than others by drawing up an organisation chart (a bit like a family tree) of an organisation, with the most senior person at the top. Organisation charts usually look something like this. The black lines link people to show who each persons manager is. This is an example of an organisation chart for a nursery: MANAGER Deputy Manager Room leader Nursery Worker or Nursery assistant Trainee

Activity 4.2.1
Draw up an organisation chart for your organisation. Make sure to include yourself!


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

4.3 Different Types of Organisations (or Settings) Involved in the Childrens Care Sector The National Minimum Standards for Under 8s Child Minding and Day Care describe six types of regulated settings for day care providers who register with the Care Standards Inspectorate for Wales: Full Day Care: This
describes facilities that provide day care for children under eight for a continuous period of four hours or more in any day in premises which are not domestic premises. Examples are day nurseries and childrens centres, and some family centres; Sessional Day Care is provided by facilities where children under 8 attend day care for no more than 5 sessions a week, each session being less than a continuous period of 4 hours in any day. Where two sessions are offered in any one day, there is a break between sessions during which time no children are in the care of the provider. This is intended to cover provision which offers children part-time care and the opportunity to engage in activities with their peer group e.g. playgroups; Cr¨ches: Facilities that provide occasional care for children under 8 and are provided on particular premises on more than five days a year are described as cr¨ches. They need to be registered where they run for more than two hours a day; for example permanent facilities in shopping or sports centres or temporary facilities at conferences and exhibitions; Out of School Care: These are facilities that provide day care for children under 8 which operate before school, after school or during school holidays; for example summer camps, holiday play schemes, breakfast and after school clubs;

Child Minders: Facilities are provided by a childminder registered to look after one or more children under the age of 8 to whom they are not related, on domestic premises (e.g. their home) for payment and for a total of more than two hours in any day; Open Access Play Provision: These may be permanent or short-term schemes and generally cater for older children. However, children aged five to seven years may attend; Other Settings: Young children can also be cared for in schools, hospitals, Integrated Centres and residential settings (including fostering); Settings may be privately owned, run by volunteers or by a Local Authority (education, health or social services).


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 4.3.1 Your Own Setting
Think about your own setting. For your own setting, describe:

What section of childcare you are working in:

Operating times:

The age range of the children:

The type of premises that you use (do you have sole use, do you share, who owns them?)


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

4.4 Recent Changes in the Childrens Care, Learning and Development Sector Activity 4.4.1 During the last few years a number of important changes have taken place which have affected the delivery of childcare in Early Years settings. Complete the chart below by briefly explaining how the following changes have affected or may affect your organisation and the way it cares for children. You may find it helpful to discuss this with your assessor, manager and the people you work with.

Introduction of National Minimum Standards and Inspection of settings by CSSIW following the Care Standards Act 2000 Introduction of play based learning and development Foundation Phase in the National Curriculum Integrated Child Care Centres


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 5: Careers in Childrens Care Learning and Development SCH 22: Introduction to personal development in health, social care or childrens and young peoples settings

5.1 Career Structures
http://wales.gov.uk/topics/educationandskills/playlearngrowsub/playlearngrow/?lang=en.1 Once you have completed your Apprenticeship and qualified, there are many opportunities for you to follow a career in childcare. For example, if you have completed your Foundation Modern Apprenticeship, you may want to go on to work towards a Modern Apprenticeship which will qualify you for more senior, supervisory positions within an child care setting. Beyond this level, there are Diplomas in both advanced practice and management of childrens care setting and to work with children and young people at level 5, which you could take once you have gained experience as a supervisor or room leader. You can also consider moving in to, and gaining qualifications for, related areas of work such as playwork, teaching or work as a teaching assistant, health and nursing, social work, etc. The diagram at the end of this section shows you the progression routes, and the sort of jobs that are available at each level.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

5.2 Finding out about Qualifications and Career Opportunities There are a number of organisations that can help you find out more about the qualifications and training available for you to make progress in a career in this sector. These include:

City & Guilds (C&G) 020 294 2800 www.city-and-guilds.co.uk OCR Cymru 029 2053 7810 www.ocr.org.uk/cymru

Distance Learning Providers
Distance learning enables you to study for a qualification by correspondence
or through the internet. If you do a qualification in this way, always check that it is a recognised qualification. Open University (also an Awarding Body) 01908 653231 www.open.ac.uk National Extension College 01223 400 200 www.nec.ac.uk Agored 029 2074 7866 www.agored.org.uk

5.2.1 Skills for Care and Development
Skills for Care and Development is the Sector Skills Council (SSC) for people working in early years, children and young peoples services, and those working in social work and social care for children and adults in the UK. Our SSC is a partnership of 6 organisations: Care Council for Wales, Childrens Workforce Development Council, General Social Care Council, Northern Ireland Social Care Council, Scottish Social Services Council, and Skills for Care. The SSC has overall responsibility for the Apprenticeship frameworks in Childrens Care, Learning and Development.

5.2.2 Awarding Organisations
There are a number of awarding organisations that make available a wide range of qualifications for people working in this sector. You can contact any of them for more information, or visit their websites. Some of the awarding bodies offering qualifications in early years are: The Council For Awards in Childrens Care & Education (CACHE) 01727 847636 www.cache.org.uk EDEXCEL 020 7393 4444 www.edexcel.org.uk

Local Early Years Development and Childcare Partnerships (EYDCPs) http://wales.gov.uk/topics/educationandskills/ playlearngrowsub/playlearngrow/ usefulcontacts/?lang=en#named1 EYDCPs are responsible for local planning and coordination of Early Years Education and Childcare and are an important resource in helping you to progress towards working with children. They also provide professional development training. For details of your local EYDCP, contact your Local Authority, training provider or visit the DfES website. UCAS (Universities Central Admissions Service) www.ucas.ac.uk Lists of universities offering degrees in early childhood studies, foundation degrees and other areas


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Sure Start www.surestart.gov.uk Information on foundation degrees and careers in early years. Careers www.careerswales.com Careers Wales offers advice on careers and training to all age groups. JobCentre/JobCentre Plus www.jobcentreplus.gov.uk Can offer advice and guidance on employment issues for all age groups.

The Specifications of the CCLD Diplomas at levels 2 and 3 are available on the Care Council for Wales website (ccwales.org.uk). These contains lists of all of the units you could add to your Diploma qualification to deepen or extend your knowledge and skills. You can also access all of the units that make up the Advanced Practitioner and Management Qualifications at level 5 to help you further your career within the sector.

SCH 22: Introduction to personal development in health, social care or childrens and young peoples settings

5.3 Continuing Professional Development
Being well qualified will involve additional training to keep you up-to-date. There are a number of ways in which you could get this training. Developing skills, reading vocational magazines, updating first aid qualification, doing courses or QCF untis to develop special knowledge and skills e.g. in working with babies, working with children and young people who are disabled or experience sensory loss, in-house training, widening and deepening your personal and professional knowledge. Your Local Early Years Development and Childcare Partnership may have a course directory which lists the professional development courses that they offer.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 5.3
Suggest 3 sources (outside your company) of information about Early Years occupations, training and careers. How would you use these?

Sources of Information about Early Years Occupations

How I would use them



Think about your own situation and your own needs for continuing professional development. What sort of training or development would you like to have the opportunity to attend or have made available to you during the coming year?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Possible Long Term Progression Routes for Modern Apprentices in Early Years Care & Education Guidance on other career options could include: Level 5 and above Roles at this level: Manager Development Officer Advanced Practitioner Inspector Level 3 Roles at this level: Nursery Supervisor Pre-school leader Cr¨che leader Playgroup leader Toy library leader Special educational needs supporter Nursery Nurse Nanny Childminder Level 2 Roles at this level: Nursery Assistant Pre-school assistant Cr¨che Assistant Parent/Toddler group assist Toy Library worker Homestart worker Mothers Help Baby sitter / au pair Nanny Health or Social Services related fields Working with families Playwork Sport, Recreation and Activity Leadership Youth Work In / Out of school study learning and support Childrens Holiday Representative

Diploma in Childrens Care Learning and Development (Advanced Practitioner) level 5 Assessor Training Higher Education ¢ Foundation Degree (note there are no natural jobs within the sector that require this qualification so look for one that has an occupational competence Diploma within it); ¢ Degree; ¢ Social Work Training; ¢ Primary Teaching; ¢ Nursing Training; and ¢ FE Teaching.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 6: Organisations that represent the Early Years Care and Education Sector Within any sector of employment there is a range of organisations that represent the people in that sector, be they employers, employees or service users. The early years care an education sector has a variety of such organisations, and the most important of them are described in this section. Some of them have a wide range of roles, so they will also have been mentioned briefly in other sections in this workbook.

Professional/Employer/ Campaigning Associations
Mudiad Ysgolion Meithrin
www.mym.co.uk Mudiad Ysgolion Meithrin was formed to promote and support the education and development of children under five years of age through the medium of Welsh, in cylchoedd meithrin and cylchoedd Ti a Fi. They provide a range of information and resources.

National Childrens Bureau
www.ncb.org.uk NCB promotes the interests and well-being of all children and young people across every aspect of their lives. NCB advocates the participation of children and young people in all matters affecting them. It is involved in promoting the views of young people, developing policy about children, promoting good practice in working with children, and providing information to everyone working with children and young people. NCB challenges disadvantage in childhood and has adopted and works within the
United Nations Convention on the Rights of the Child.

Children in Wales
www.childreninwales.org.uk Children in Wales are the national umbrella childrens organisation in Wales. They aim to promote the interests of and take action to identify and meet the needs of children, young people and their families in Wales. They work in partnership with the National Childrens Bureau and Children in Scotland.

The 4 Nations Child Policy Network
www.ncb.org.uk This website contains information on the latest policy developments relating to children and young people in each of the four nations and across the UK.

Wales Pre-school Playgroups Association
email: [email protected] Wales PPA exists to enhance the development, care and education of pre-school children in Wales, by encouraging parents to understand and provide for their needs through high quality pre-school groups.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

National Childminding Association of England and Wales
www.ncma.org.uk The National Childminding Association (NCMA) is the only national charity and membership organisation that speaks on behalf of registered childminders in England and Wales. It promotes quality, registered childminding so that children, families and communities can benefit from the best in childcare and education. It works in partnership with the Government and the Welsh Assembly Government, local authorities, Early Years Development and Childcare Partnerships, CSIW and other childcare organisations, to ensure that every registered childminder has access to services, training, information and support to enable them to do a proper

¢ Day nurseries are one of the fastest growing small businesses, with the number of nurseries having risen by 34 per cent since 2001; and ¢ An estimated 25 per cent of nurseries also provide out-of-school care for 5-11 year olds. The aim of the NDNA is to help its members provide high-quality care and education for the benefit of children, families and communities.

www.nspcc.org.uk The NSPCC (National Society for the Prevention of Cruelty to Children) is the UKs leading charity specialising in child protection and the prevention of cruelty to children. It has been directly involved in protecting children and campaigning on their behalf since 1884. Cam wrth Gam.

National Daycare Trust
www.daycaretrust.org.uk Daycare Trust is the national childcare charity campaigning for quality, affordable childcare for all and raising the voices of children, parents and carers. It has been working since 1980 to promote high quality affordable childcare for all. It provides information and advice for parents, childcare providers, employers, trade unions, local authorities and policy makers.

Sector and Government Organisations
Skills for Care and Development Education and Learning Wales (ELWa) http://wales.gov.uk/topics/ educationandskills/?lang=en ELWa is responsible for funding and planning education and training for over 16-year-olds in Wales. They provide the funding for Modern Apprenticeship frameworks and have local offices.

National Day Nurseries Association
www.ndna.org.uk The National Day Nurseries Association is the national membership association of day nurseries in the UK. According to the NDNA: ¢ Over 500,000 children are cared for by day nurseries; ¢ In total 1.7 million children use childcare; ¢ There are nearly 10,000 day nurseries in England and Wales;

Care and Social Services Inspectorate Wales (CSSIW)
http://wales.gov.uk/cssiwsubsite/ newcssiw/?lang=en Is responsible for the regulation and registration of child minders and day care providers.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

The Department for Education and Skills (DfES)
www.dfes.gov.uk Is responsible for early years national policy in England. As well as providing statutory guidance, it has been proactive in developing a national network of local information providers (see EYDCPs).

Employee Representative Organisations and Unions
Voice. Sound advice from the union for education professionals teaching, childcare and support staff and students. www.pat.org.uk Unfortunately, things can and do go wrong at work often when you least expect it. You never know when youre going to need the support of a firm but friendly union to fight your corner. Voice is the union for education professionals, and we speak up for everyone, from teachers, lecturers and nursery nurses, to head teachers and school support staff, including teaching assistants, technicians and administrators and students* (*free membership). Voice represents a united strength that will support, protect and listen to you throughout your career, and we believe that every professional in education, early years and childcare has a right to be heard. Thats why we offer a service that can enrich your working life making Voice membership so much more than an insurance policy. Other Unions with members in the childcare sector include:

Local Early Years Development and Childcare Partnerships (EYDCPs) www.childcarelink.gov.uk EYDCPs are responsible for local planning and coordination of Early Years Education and Childcare and are an important resource in helping you to progress towards working with children. They also
provide professional development training. For details of your local EYDCP, contact your Local Authority, training provider or visit the DfES website.

National Assembly for Wales
www.wales.gov.uk The National Assembly for Wales consists of 60 Members elected throughout Wales. The National Assembly has delegated many of its powers to the First Minister, who leads the Welsh Assembly Government and a team of Ministers.

The Childrens Commissioner for Wales
www.childcom.org.uk The Childrens Commissioner and his staff are based in offices in Swansea and Colwyn Bay, but work all over Wales. They provide legal expertise, analyse and influence policy, and evaluate practice and promote better services for children. They also have direct contact with children and young people involving them in the work and making sure that their views and opinions are communicated to others.

Unison GMB
www.unison.org.uk www.gmb.org.uk


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 6.1 Your Own Setting
Look back through the information given on the preceding pages in this learning outcome. For each of the questions, write down the names of the organisations and discuss with your assessor how these organisations might affect your workplace and the work that you do. Think about whether there might be any conflict of interests between the aims of these organisations.

Identify 2 organisations that represent children.


Identify 2 organisations that represent employers.


Identify 2 organisations that represent the interests of people who work in Early Years settings. 1.



Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 7: The Sectors Principles and Codes of Practice 7.1 Underlying Principles of the Early Years Sector Introduction to the Common Core of Skills Knowledge and Understanding for the Children and Young Peoples Workforce in Wales. The Welsh Assembly Government has adopted the UN Convention on the Rights of the Child, as the basis of all its work for children and young people in Wales. These have been translated into seven Core Aims which will work to ensure that all children and young people: ¢ Have a flying start in life; ¢ Have a comprehensive range of education and learning opportunities; ¢ Enjoy the best possible health and are free from abuse, victimisation and exploitation; ¢ Have access to play, leisure, sporting and cultural activities; ¢ Are listened to, treated with respect, and have their race and cultural identity recognised; ¢ Have a safe home and a community which supports physical and emotional wellbeing; and ¢ Are not disadvantaged by poverty. At the very heart of ensuring the fruition of the Welsh Assembly Governments commitment is the workforce that provides the services to improve the lives of children and young people in Wales. Recognising this, the Welsh Assembly Government asked the Children and Young Peoples Workforce Development Network to create a set of standards which
would ensure that everyone working with children, young people and families should have a common set of skills, understanding and knowledge. It is intended that the Common Core serves as a baseline tool for all those working with children and young people and it sets out the required 58

knowledge skills and understanding to practise at a basic level in six areas of expertise: ¢ Effective Communication And Engagement; ¢ Child And Young Person Development; ¢ Safeguarding And Promoting The Welfare Of The Child; ¢ Supporting Transitions; ¢ Multi-Agency And Partnership Working; and ¢ Sharing Information. This will help establish a greater shared language and understanding across different parts of the workforce thus improving practice. Although the language and cultural issues in Wales are not referred to specifically in each area it should be noted that the Common Core recognises that an awareness of Welsh language and culture is essential in order to work with children and young people in Wales. The Welsh Assembly Government and partners who have endorsed the document would wish that it be used: ¢ In the design of induction and in-service and inter-agency training, building on existing practice; ¢ As a tool for training needs analyses that focus on supporting individual development; and ¢ As a tool for workforce planning. The early years sector has developed a statement of principles which underpin all the work done in the sector and are embedded in the National Occupational Standards on which all accredited qualifications in the sector are based. The principles draw on the UN Convention on the Rights of the Child and are based on the premise that the earliest years of childrens lives are a unique stage of human development, and that quality early years provision benefits the wider society and is an investment for the future. There are ten principles based on:

Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

The Welfare of the Child ¢ Keeping children safe and maintaining a healthy and safe environment; ¢ Working in partnership with parents/ families; ¢ Childrens learning and development; ¢ Valuing diversity; ¢ Equality of opportunity; ¢ Anti-discrimination; ¢ Confidentiality; ¢ Working with
others; and ¢ The reflective practitioner.

Planning for Individual Needs and Preferences ¢ Assessment: All children placed in a full day care setting should have their needs and preferences identified and their parents know should know how these needs will be met. ¢ Special Needs: Parents should know that the registered person is able to provide for their childs special needs; this could include special educational needs and disabilities.

Working in Partnership with Parents

The National Minimum Standards for Under Eights Child Minding and Day Care Summary Learning Outcome 1 referred to the regulations which are applied to all registered day care providers and which are enforced by CSSIW. These can be summarised as follows: Choice of Service ¢ Information: Parents should have access to the information they need in order to make an informed choice about the full day care services they require. ¢ Contract: Parents should have a written contract they have agreed with the registered person.

¢ Records: Parents and the CSIW should have access as appropriate to a full range of records maintained by the registered person for the smooth running of the setting.

Quality of Life ¢ Opportunities for Play and Learning: Children should experience a range of activities that contribute to their emotional, physical, social, intellectual, language and creative development.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Quality of Care and Treatment ¢ Nurture and Well Being: Children should feel secure, happy and comfortable with their carers and in the environment. ¢ Behaviour: The behaviour of children should be managed in such a way as to
promote their welfare and development. ¢ Health Care: The health care needs of each child should be identified and addressed as appropriate by the registered person. ¢ Medication: Children should be safeguarded by the settings policies and practices about medication, and receive the medication they require from the registered person. ¢ Food and Drink: Children should be provided with regular drinks and food in adequate quantities for their needs.

Conduct and Management of the Service ¢ Organisation: Parents and children should benefit from a well organised service. ¢ Staffing Ratios: Children should benefit because the ratio of adults to children conforms to best practice. ¢ Equal Opportunities: All children receiving a service from a registered person should be treated with equal concern and respect. ¢ Financial Procedures: Children and their parents should be safeguarded by the registered person operating sound financial procedures. ¢ Quality Assurance: Children and their parents should benefit from a day care service that is effectively monitored.

Complaints and Protection Staffing ¢ Suitable Person: Childrens needs should be fully met by the registered person and the adults who look after them. ¢ Complaints: Children and their parents should be confident that their complaints will be listened to, taken seriously and acted on. ¢ Protection: Parents should be confident that the registered person has taken all reasonable steps to protect children from abuse.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

The Physical Environment ¢ Premises: Children should receive a service in premises that are safe, secure and suitable for their purpose. ¢ Equipment: Children should have access to furniture, equipment and toys that are appropriate and suitable for their needs. ¢ Safety: Children should have their needs met in a safe environment.

N.B. The details of each standard are specific to the type of childcare setting and some of the standards are not appropriate in all settings.


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Activity 7.2.1 7.2.1 Complying with Standards
Organisations need to show how they communicate to the people that they serve, how they intend to work to the standards that apply to their sector. For example, this information might be included in a prospectus for parents, displayed on notices and posters in the building, contained in leaflets given out to prospective clients and the public in general, and included in the written policies and procedures of the setting.

1. How is the way your organisation meets the National Minimum Standards for Under Eights Child Minding and Day Care explained and demonstrated to: a. Parents?:

b. Staff?:

2. What statutory body is responsible for ensuring that Early Years organisations comply with (obey) the requirements in the Standards?

3. How can you contribute towards maintaining standards in your organisation and contribute to any improvements required?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

Learning Outcome 8: Issues of Public Concern and how they affect Early Years
Organisations The early years care and education sector is becoming increasingly important. The Government wants to see lots more education and care provided for young children, but at the same time it needs to make sure that this provision is to a very high standard. Over the last few years there have been some very controversial issues that have been widely discussed in the sector.

Activity 8.1.1
Choose an issue that is controversial in the Early Years Sector (you can discuss this with your tutor or assessor). It could be a matter within your community or setting, a local or national issue. Present your thoughts under the following headings:

Briefly describe the issue:

Key points in favour:

Key points against:

Then discuss the issue with your assessor and think about the following: ¢ Has this issue had any effect on the way that you work in your workplace? ¢ Has your organisation, or their representative body, taken any steps to influence public opinion on this issue?


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

CCLD Employment Rights and Responsibilities Evidence Record Form (To be completed by the Learning Provider)
Candidate Name FMA MA MA who has previously completed the ERR programme as an FMA

Employer/Learning Provider Tel Framework Start Date ERR Start Date Fax E-mail
Framework End Date ERR End Date


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

List of useful contacts
Cam wrth Gam
Cam wrth Gam, is a National Training Scheme offering training towards either an Diploma in CCLD at Level 2 or 3 through the medium of Welsh. Tel: 01970 639639 www.mym.co.uk

Skills Active
Skills Active works across Wales leading the development of playwork education and training for all those working with children and young people. Tel: 029 2064 4526 www.skillsactive.com

Care and Social Services Inspectorate Wales (CSSIW)
Care and Social Services Inspectorate (CSSIW) make sure that care settings meet the standards that children have a right to expect. It is an operationally independent part of the Welsh Assembly Government. Tel: 01443 848450 www.cssiw.org.uk

Welsh Local Government Association
Represents the 22 local authorities in Wales and the three Fire Authorities, three National Park Authorities and the four Police Authorities are associate members. Tel: 029 2046 8600 www.wlga.gov.uk

Care Council for Wales
Aims to ensure that children and adults receiving social care services can rely on a workforce that is properly trained, appropriately qualified and effectively regulated. Tel: Cardiff Office 029 2022 6257 St Asaph Office 01745 586 850 www.ccwales.org.uk

Job related advice
Classroom Assistant Contact
Contact your Local Education Authority for more information.

Clybiau Plant Cymru Kids Clubs
Clybiau Plant Cymru Kids Clubs promotes and supports quality, affordable accessible out of school childcare clubs for children 3 to 14 years. Tel: 029 2074 1000 (Head Office) www.clybiauplantcymru.org

Geiriau Bach
Geiriau Bach offer courses designed for early years workers who either speak no Welsh at all or lack confidence in using the little they have. Tel: 01267 676 603 www.trinitysaintdavid.ac.uk/en/ schoolofearlychildhood/geiriaubach

Mudiad Ysgolion Meithrin
Mudiad Ysgolion Meithrin provides and supports the education, care and evelopment of children under 5 years of age and provides information, resources, and support to parents/carers and early years settings through the medium of Welsh. Tel: 01970 639 639 www.mym.co.uk


Employee Rights and Responsibilities Workbook for Childrens Care, Learning and Development

National Childminding Association
The National Childminding Association is a national charity and membership organisation that speaks on behalf of registered childminders in England and Wales. NCMA promotes quality registered childminding so that children, families and communities can benefit from the best in home based childcare and education. NCMA offers information, training and advice to members as well as working directly with childminders through its local offices. Tel: 0845 880 0044 (Head Office) 0845 880 1299 (Wales Regional Office) www.ncma.org.uk

Play Wales
Play Wales www.playwales.org.uk is the national organisation for childrens play working to raise awareness of children and young peoples need and right to play and to promote good practice in every place where children might play. Tel: 029 2048 6050 www.playwales.org.uk

Play Work Wales
Playwork Wales is the National Centre for Playwork Education and Training in Wales supporting the playwork sector to deliver quality services to children by promoting quality training and education and the development of qualifications in Wales. www.playworkwales.org.uk

National Day Nurseries Association
National Day Nurseries Association (NDNA) is the membership association for day nurseries, providing information, training and support to nurseries across Wales. Tel: 01824 707 823 (Wales Office) 0870 774 4244 (Head Office) www.ndna.org.uk

Wales Pre-School Providers Association
The Wales Pre-school Providers Association provides information, training, resources and support to parents/carers and early years settings. Tel: 029 2045 1242 www.walesppa.org

Nestor Primecare Services Ltd
Childcare Approval Scheme Wales The Childcare Approval Scheme (CAS) is a list of approved carers working in family homes across Wales. Registering as a home child carer will verify to your employer that you have suitable childcare qualifications and training and by using an approved carer, an employer may be able to access financial support through the childcare element of the Working Tax Credit or through employer supported childcare. Tel: 0844 736 0260 www.childcareapprovalschemewales.co.uk


Employee Rights and Responsibilities Workbook for Childrens Care, Learning
and Development

The Integrated Childrens Centres All-Wales Network
Children in Wales facilitates an Integrated Childrens Centres All-Wales Network which aims to provide a point of contact for all the centres.

Integrated Childrens Centres are joint initiatives between local communities, the voluntary sector, education, health and social services. Each centre acts as a link between a network of providers such as parent and toddler groups, play groups, childminders, out of school clubs, adventure playgrounds and other leisure activities for young people. Through this link they are able to provide enrichment and skills for children, families and communities. Some centres include parenting support services and are a base for health visitors. There is at least one centre located in every local authority in Wales.

Flying Start Network
The Flying Start programme aims to make a decisive difference to the life chances of children aged under 4 in the areas in which it runs. It is led by the Children and Young Peoples Framework partnerships. Research evidence on early years suggests that only by investing intensively can a decisive impact be made on childrens outcomes. The programme is delivered in defined areas, and the entitlement that all families in the local target areas can access is identified as: ¢ Quality part-time childcare for 2 year olds. Such childcare may be individual or centre-based, and part-time or full-time depending on need; ¢ Health visiting. Health visitors and midwives, working within a multi disciplinary partnership approach are a core part of the Flying Start entitlement; ¢ Parenting programmes. Parenting support services based on both the universal and specific, individual needs of parents and their children;

¢ Basic Skills. Every family in a Flying Start area should have access to a Language and Play programme; and ¢ Information sharing and referral. Flying Start funding may not however be able to fund additional specialist services for children with high needs if this puts the core entitlement in jeopardy.

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