1 2. employment rights and responsibilities

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BTEC Apprenticeship Assessment Workbook Level 3 Hospitality Supervision and Leadership

Original text and illustrations © Pearson Education Limited, 2012

2. EMPLOYMENT RIGHTS AND RESPONSIBILITIES

KNOWLEDGE AND UNDERSTANDINGYour organisation will have a set of procedures and policies which

you must know about and follow. This section will begin with an

overview of employment rights and responsibilities, which will relate

to current employment legislation and conditions of service. You

will investigate your rights and responsibilities as an employee, and

those of your employer. You will be made aware that both employees

and employers have responsibilities in the workplace, especially in

the areas of health and safety, hygiene and security. Your assessor

or your line manager will help you to understand employment rights

and responsibilities.

You will also fi nd work documents helpful when completing

this section; these include: health and safety information, food

safety hygiene documents, your staff handbook or other similar

documents. Current websites or textbooks can also be useful to

research and investigate. For example, go to www.legislation.gov.uk/

and search for the Employment Rights Act 1996.

Task 1Within your organisation, you need to research and know your

rights and responsibilities in relation to the law. You can then

answer the following questions; your staff handbook and your

assessor will provide guidance. Include relevant documentation to

support your examples.

KNOWLEDGE AND UNDERSTANDING

Your line manager will help in

your research into employment

rights and responsibilities.

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Task 1a

Explain your responsibilities in relation to the following:

NVQ Unit 32: 1.4WorkSkills Unit 4: 1.1

Employers have certain

responsibilities towards all

their employers, for example in

relation to pay and conditions.

a) Anti-discrimination:

b) Working hours and holiday entitlements:

c) Sickness absence and sick pay:

d) Equality and diversity:

e) Health and safety; hygiene and security:

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Task 2Now you know and understand your rights and responsibilities

according to current legislation, you should research and

understand the rights and responsibilities that employers must

follow. Your line manager and your staff handbook will provide

guidance to answer the following questions.

Task 2a

Review and explain the rights and responsibilities of the employer in

relation to customer service and you the employee; please provide

four rights and responsibilities, including relevant documentation to

support your examples.

i)

ii)

iii)

iv)

Task 2b

List the sources of information and advice available to you on

employment rights and employment, including Access to Work and

Additional Learning Support.


NVQ Unit 32: 1.5

Chris

Rectangle

Chris

Rectangle

Chris

Rectangle

Chris

Rectangle

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Task 2c

Explain why it is important to have employment rights

and responsibilities.

Task 2d

Find out about and explain the health and safety legislation within

your organisation and explain why the law must be followed; you

should include relevant work documentation.

(Note: The Health and Safety at Work Act 1974 will provide guidance

and can be found within your workplace.)

NVQ Unit 32: 1.2

NVQ Unit 32: 1.3, 2.5WorkSkills Unit 4: 1.3, 1.4

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Task 2e

Find and read your health and safety documents at work. Using

the table below, list three legal requirements that you and others

must follow in your area of work, e.g. risk assessment and COSHH.

Explain why the legal requirements must be followed and the

implications for not following the requirements. You should include

relevant work documentation.

Health and safety legal requirements

Why they must be followed Implications of not following the requirements

Task 2f

What are your personal responsibilities with regard to health

and safety?

Find information in relation to the following:

i) Reporting and passing on information on an accident:

ii) Completing the accident book:

iii) Being part of a risk assessment:

iv) Monitoring your own area of responsibility to ensure

that hygiene, safety and security are maintained:

NVQ Unit 32: 1.3, 2.5WorkSkills Unit 4: 1.3, 1.4


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Task 2g

List the types of representative body related to the industry, their

main roles and responsibilities and their relevance to the industry.

(For example: Environmental Health Offi cer, whose main role is

to ensure your organisation follows the law, for the safety of staff,

customers and the general public.)

NVQ Unit 32: 2.3

The Environmental Health

Offi cer makes sure that your

organisation complies with all

the required standards.

Task 3When starting work, every employee will receive a number of

important documents which must be read and fully understood,

and kept safe. Three of the most important documents are:

a contract of employment, a job description and a pay slip.

Your employer has a legal obligation to provide you with these

documents. They contain detailed legal requirements which are

important for you as an employee.

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Task 3a

Locate and read your contract of employment and the Employment

Rights Act 1996. Explain the legal requirements of your contract of

employment, including information on pay rate, holiday entitlement,

hours, etc.

Task 3b

Find and read your job description, list the contents and explain

its purpose.

Task 3c

Review your payslip or any other statement of earnings and explain

the type of information it contains.

WorkSkills Unit 4: 2.1



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Task 3d

What up-to-date personal information must you give to

your employer?

Personal information must be kept confi dential between you and

your employer. The employer must follow the Data Protection

Act 1998. The employer will be in breach of the Data Protection

Act if they disclose any personal information held on you or any

customer. Likewise you will also be in breach of the Act and liable

to prosecution when you are dealing with customers if you disclose

their confi dential personal information. It is essential that you read

and understand the legislation to ensure you comply with the law.

Task 3e

Explain the procedures you must follow at work to comply with the

Data Protection Act 1998.



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Task 3f

What is the consequence if you do not follow procedures to access

confi dential records?

Task 3g

Describe the procedures you would follow if you needed to take

time off. (In other words: what is the reporting structure for booking a

holiday at your place of work?)

Task 3h

Review your contract of employment and explain the procedures you

would follow if you had a grievance with a colleague.




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Task 3i

Review your employment contract or the staff handbook and

explain the procedures you would follow to report discrimination

or bullying. (Note: your line manager will assist you with this question.)

Task 3j

List the sources of information and advice available to you on

employment issues, both internal and external to your organisation.

(Note: your line manager or assessor will provide guidance if needed.)

There are certain procedures

that need to be followed if

you have a grievance with

a colleague.



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Task 3k

Describe the ways in which employer/employee relations are

managed within your workplace.

Task 3l

Explain the impact of arbitration within your workplace. (For

example: workplace disputes, internal resolutions, etc.)

Task 3m

Research your trade union at work and explain the infl uence of a

trade union in the workplace. (If you do not have a trade union within

your workplace, research a trade union on the Internet and document

your fi ndings; your assessor will provide guidance if needed.)




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PROFESSIONAL DISCUSSION

The professional discussion is sometimes called a ‘job chat’ as you

will be talking about what you do, how you do it, when you do it and

why you do it. It may refer to other people who are involved while

you do your job.

Your assessor will conduct a professional discussion with you,

which will capture evidence needed for your knowledge and

understanding of the Advanced Apprenticeship level 3 in Hospitality

Supervision and Leadership. You will be told when you are going to

have a professional discussion so you can prepare for it.

There are some important areas you must think about when

preparing for your professional discussion with your assessor.

Below are some particular factors to consider:

Think about the areas the professional discussion will

cover, and refer to your gathered evidence collected for your

Apprenticeship programme or evidence within your workplace.

Your assessor will offer guidance with important areas to

focus on.

The professional discussion can be drafted fi rst, as it needs to

be recorded. (The recording can be written or voice recorded by

your assessor.)

Think about why there is an Apprenticeship agreement.

How you can manage your time most effectively.

Assessing your own learning and development needs.

The health and safety, hygiene and security procedures within

your own area of the workplace.

Think about fi re evacuation procedures and the procedures you

follow in the event of an emergency, including bomb alert.

PROFESSIONAL DISCUSSION

Professional discussion

is an important part of

your Apprenticeship.

NVQ Unit 4: 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12

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Your assessor will plan the content of your professional discussion

and will give you advice to help you to prepare. The professional

discussion may cover more than this section of your Assessment

Workbook.

Discussion processYou have considered and discussed the important areas – now think

about the discussion process. You should think about how you could

talk about the different areas; your assessor will offer guidance to

get you started.

Below are some areas you will talk about during your discussion

with your assessor.

Describe the Advanced Apprenticeship programme you are

working towards; consider all the components.

Refer to your individual learning plan and the learning

agreement; explain why this is important.

Talk about how you will collect evidence which will support

your Apprenticeship programme.

Summarise your job role and your responsibilities; refer to your

job description.

Talk about your rights and responsibilities – why are

they important?

Describe your responsibilities for maintaining health and

safety, hygiene and security procedures in your own area of

the workplace.

Explain the rights and responsibilities of your employer – why

are they important?

Describe your own learning development needs that you have

identifi ed through the induction process.

Talk about fi re evacuation procedures and the procedures

you would follow in the event of an emergency, including

bomb alert.

Explain the last inspection for health and safety, hygiene and

security within your own area of the workplace.

Talk about the procedures you follow to report and deal with

faulty equipment in your own area of responsibility.

Explain the limits of your own authority when dealing with risks

and hazards.

Talk about the last time you developed a contingency plan to

reduce the impact of any health, hygiene, safety and security

problems that occurred in your area of the workplace.

1 2. employment rights and responsibilities

Documents