ERR Course Outlines
Employment Rights and Obligations for Recruitment
Introduction to the Unit
The area covers the obligations and expectations (rights) of prospective appointees at the
recruitment and selection stage. It will ensure the learner has a basic understanding of what
is meant by legal and fair appointment systems and decisions. Prior Learning
The learner may have a superficial understanding of the issues from the media and other
studies.
Summary of Learning Outcomes
To complete this area the learner will be expected to demonstrate knowledge and
understanding of the following:
1. Their right not be discriminated against directly/indirectly/unintentionally indirect and
the duty not to discriminate against other people
2. The areas of potential illegal discrimination i.e. sex/marital
status/disability/race/ethnic origin/trade union membership/non membership/part time
working/age
3. The difference between direct/indirect and unintentional indirect discrimination
4. Interview questions which are discriminatory
5. Interview questions that appear to be discriminatory but are necessary Unit Content
Legal base of Employment Rights:
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Equal Pay Act and Equal Pay (Amendment) Regulations
Race Relations (Amendment) Act
Sex Discrimination Act
Sex Discrimination and Equal Pay Regulations
Disability Discrimination (Amendment) Act
Employment Rights Act
Employment Relations (Amendment) Act
Asylum and Immigration (Amendment) Act
The Nationality, Immigration and Asylum Act
Practical example of direct/indirect discrimination as directed by Employment Tribunals,
Court of Appeal or House of Lords
The expectation that the application form will be truthful
Employers’ ability to exclude applicants with certain criminal offences
That applicants for posts can apply to Employment Tribunals and there is no maximum
award.
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ERR Course Outlines
Suggested Delivery
The unit focuses on basic employee rights, expectations and duties to others, many of which
are legal requirements. Without requiring a detailed knowledge of the law, learners will have
an understanding of their protection and why job applicants must be selected on their merit.
Delivery can be through open discussion of a list of prepared interview questions highlighting
where they are potentially discriminatory and why they do not reflect the person’s ability to do
the job.
Discuss with individuals the temptations to question in these areas as the employer may see
the use of equal opportunities as a burden on his/her freedom to run their business, for
example:
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Are you married?
Who will look after your children if you are ill or do you intend having children? (Potentially
discriminatory against women. Would you ask a male footballer ‘do you feel you might get
a serious injury’?)
How long have you lived in this country? (Racial discrimination or necessary enquiry?)
Do you feel that your disability will stop you helping to carry materials? (Disability
discrimination).
Direct Discrimination
For example, no women, whites only.
Indirect Discrimination
Applying a rule which disadvantages a protected group eg, applicants must be over six feet
tall. Or applicants must be aged 25 with five years experience (women may be less likely to
have this because of maternity leave) requiring staff to work shifts can disadvantage females
with child care responsibilities. Individuals should consider a list of questions they might ask
which are relevant to selecting the best candidate. They may also be asked to research other
selection methods eg, trade test.
Practical Work
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Learners could be instructed regarding the legislation which exists, and be provided with
a handout on which groups are protected. A list of groups eg, women, men, Italians, old
people could be provided with individuals being asked who are protected from
discrimination
A list of potential interview questions could be assessed with individuals being asked to
identify potentially discriminatory ones
Group work could include asking the group to list the characteristics of a disabled person
and then to compare this to the legal definition
Direct/indirect discrimination should be clarified and the group asked to give an example
of each
Individuals should be able to identify a discriminatory question.
Suggested time allocation 1 ½ hours
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ERR Course Outlines
Employee Rights On Appointment – Contract Of Employment
Introduction
The area covers the right of an employee to receive a Contract of Employment and its basic
content and the right to an itemised pay statement.
Prior Learning
Most learners may not have any prior knowledge of this unit. Some may have a basic
understanding of a contract from weekend/vacation work.
Summary of Learning Outcomes
To complete this area, learners should be able to demonstrate knowledge of the legal basic
minimum of a contract. To understand that an apprenticeship deed can, also be a contract of
employment.
Content
The area should cover the basic legal content of the contract and the requirements for the
contract to be received within two months of commencement i.e.
• Name of employer/e
• Relevant date (commencement/continuous service/issue/acceptance)
• Title of post and brief description of the work undertaken
• Place(s) of work
• Brief description of duties
• Date of continuous service with employer
• If temporary work, the duration and reason
• References to workplace rules
• Probationary period (if appropriate)
• Pay and how it is calculated, pay frequency and working hours
• Sick pay scheme
• Annual leave entitlement
• Notice by either party
• Pension arrangements (including stakeholder pensions for firms with five or more staff)
• Grievance and disciplinary procedures
• Signature of employee and employer.
Employment Rights and Responsibilities
The right to receive a Contract of Employment within two months of the start date is governed
by the Employment Rights Act.
Suggested Delivery
This area focuses on the basic content of a Contract of Employment. Learners should have
an awareness of the content and that an employer can include other aspects which if legal
are binding if the employee accepts them. The contract forms the basis of their employment
and should be very carefully worded but also understood. Tribunals, in the event of a dispute,
increasingly look at the contract as a starting point in determining their decision.
Groups/individuals can be given a Contract that contains error/illegal clauses and be asked to
identify these. As a practical exercise participants could compare their contract with this
example and/or consider other requirements that they might want to include in a contract.
Suggested time allocation 1 hour
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ERR Course Outlines
Basic Employee Rights – Working Time Regulations/Minimum Wage
Introduction
This area covers specific aspects of the Contract of Employment and Employment Law in
detail by area. It will provide employees with a basic understanding of their rights.
Prior Learning
The learner may not have any prior knowledge of this unit.
Summary of Learning Outcomes
To complete this area the learner will be expected to demonstrate knowledge of the following
areas:
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4.
Minimum pay
Minimum annual leave with pay
Limits on working hours
Entitlements to breaks
Content
Legal Base
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Working Time Regulations
Children (Protection at Work) Regulations
National Minimum Wage Act
National Minimum Wage Regulations
Employment Rights Act
Hours of Work/Working Time Regulations:
• Employees over the school leaving age cannot be forced to work more than an average
(based on 17 weeks) of 48 hours per week.
• There are greater restrictions on workers below the school leaving age.
• The working day should not be beyond 13 hours (12 for adolescents in any 24 hour
period).
Breaks:
• Employees aged 18+ are entitled to a 20 minute break (unpaid) for every six hours
worked. (Adolescents 30 minutes for four and a half hours).
Deduction from Pay:
• Employers cannot deduct till errors from employees’ salaries
• Other overpayments can only be legally deducted if the employer has a written
contractual right accepted by the employee or there is a court order
• Awareness that many other rights and obligations exist eg, equal pay, itemised pay
statement. Reference to Working Time Regulations and Employment Rights Act.
Minimum Wage:
• Some apprentices are exempt from minimum wage
• National Minimum Wage Helpline 0845 6000678
• www.dti.gov.uk/er/nmw
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Suggested Delivery
This area focuses on the basic rights of employees. There is a need for candidates to
understand the detail and a question and answer session is probably the best delivery.
Learners could produce a checklist of key elements of the Working Time Regulations.
This area lends itself to presenting a range of scenarios and allowing group/individual
discussions on candidate’s views on the options open to the employer/ee. The participants
could be asked to research the following:
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Do tips count towards the minimum wage?
Can free accommodation be offset against the minimum wage?
What if the stylist/therapist is buying equipment via their salary?
How can we work out the holiday pay of someone who works irregular hours?
Can the employee be asked to pay for their training?
What constitutes “working time”?
How is holiday pay calculated?
Suggested time allocation 2 hours
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ERR Course Outlines
Health & Safety
Introduction
This area covers the employer’s responsibility to provide a safe working environment, to
undertake risk assessment and to give training to staff. The employee also has a
responsibility too. This is a very wide subject and only the broadest of outlines can be given in
the time frame.
Prior Learning
The learner may not have any prior knowledge of this unit unless they have already
undertaken some paid employment.
Summary of Learning Outcomes
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4.
Legal rights and responsibilities
Employer rights and responsibilities
Areas covered by Health & Safety law
Employers can be prosecuted by the Health & Safety Executive for failure to follow the
Health & Safety at Work Act
5. Evacuation procedures in case of fire
Content
Information Sources
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Health & Safety at Work Act
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
Control of Substances Hazardous to Health Regulations (COSHH)
Health & Safety Regulations
Workplace Regulations
The learners should be aware:
• That every employer has a duty to ensure the health & safety and welfare of all persons
attending the premises or affected by the work process
• The employer is responsible for safely maintaining equipment
• The employer is responsible for providing instruction and training of its employees to
ensure their health & safety
• The employer is responsible for the control of noxious dangerous substances
• The employer is responsible for carrying out risk assessments particularly for young
people
• The employer has a responsibility to provide appropriate first aid facilities
• Every employer (with five or more staff) has a duty to provide a written general policy
regarding health & safety of their employees
• The employer has a duty to limit the working hours of staff and ensure that rest breaks
are taken(working time regulations)
• There is special protection for expectant mothers/breast feeding mothers eg, to limit VDU
operation
• That regulations exist regarding ventilation, temperature, lighting, room dimensions,
washing facilities, windows and doors
• Every employee has the right to suitable personal protection equipment
• Waste disposal (human hair, sanitary products etc).
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Duty of every employee to:
• Conduct themselves in a safe and healthy way and not expose themselves or others to
risk
• To co-operate with the employer in every way in providing a safe place of work
• Obey all safety rules
• Bring hazards to the attention of the employer
• Every employee must use machinery, dangerous substances etc in accordance with
training/instructions given
• Every employee has a responsibility to advise their employer of any situation they
consider to be a danger to health & safety
• Every employee must notify their employer of any perceived shortcoming in their
training/instruction regarding health & safety.
Suggested Delivery
Learners should be asked to identify a practical example of where each of the above can be
breached. This is a wide ranging unit and is best delivered by asking learners to indicate
true/false against a list of statements connected to the unit content. A list of the correct
answers with an explanation can be produced to reinforce this learning.
Suggested time allocation 1 ½ - 2 hours
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Hairdressing & Beauty Therapy Career Pathways and Industry Structure
Introduction
This area describes the hair and beauty occupations and the career pathways and
development available. It will outline the training and development opportunities provided by
training organisations and awarding bodies. Where career and organisation information, both
internal and external, can be found will also be investigated. Representative organisations of
the industries will be identified and their role and impact will be investigated.
Prior Learning
The learner may not have any prior knowledge of this unit.
Links to other Units
NVQ unit links will be identified here.
Summary of Learning Outcomes
To complete the unit the learner will be expected to demonstrate knowledge and
understanding of the following:
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The career pathways for their chosen career
Diversification of job role within the hair and beauty industries
Structure and content of qualifications leading to progression within the industries
Continuous Professional Development (CPD)
Sources of information and advice relating to the hair and beauty industries
Roles of salon workers and the interaction between staff
Representative organisations for the hair and beauty industries
Trade Unions
Content
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Hair Career Pathways: salon assistant, junior, junior stylist, stylist, senior stylist, salon
manager, salon owner etc
Beauty Career Pathways: salon assistant, therapist, nail technician, spa therapist,
senior therapist, salon owner, salon manager etc
Diversification of job roles - hair: ladies’ hairdressing, men’s hairdressing, African
Caribbean hairdressing, sales and marketing, freelance, teaching and training, TV and
film hairdresser, receptionist, salon technician, cruise liners, armed forces, HM Prisons,
session hairdresser, platform artist
Diversification of job roles – beauty: spa, health farm, nail technician, electrologist,
complementary therapist, cruise liners, teaching and training, TV and film make-up artists,
sales and marketing, airline/airport therapist
Qualification structure and content: role of National Training Organisation, role of
Awarding Bodies, National Occupational Standards, National Vocational Qualifications,
NVQ levels, Vocational Related Qualifications, Apprenticeships, Foundation Degree,
Degree
Continuous Professional Development: requirements and purpose of CPD
Sources of information: Internal information - salon and training provider organisation
brochures and training materials, personal development plans; progress reviews.
External body information – Career Services, Internet, Awarding Bodies, National
Training Organisation, trade and general press
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Interaction and roles of salon workers: Roles and responsibilities of hair and beauty
salon workers; common hairdressing and beauty salon personnel organisational
structures
Representative organisations for the hair and beauty industries: Bodies representing
the industries; bodies representing hair and beauty employers and employees; bodies
representing hair and beauty teaching and training; Awarding Bodies; professional bodies
Trade Unions: The right of an individual to belong to a trade union. Trade unions
appropriate for workers in the hair and beauty industries.
Suggested Delivery
The unit focuses on career pathways and opportunities for progression within the hair and
beauty industries. The delivery will identify the diverse opportunities available within the
industries and provide encouragement and promotion for lifelong learning. The learner can
obtain information through open discussion or research.
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Project work investigating job opportunities and progression both locally and nationally;
salary potential of job roles
Developing a personal development plan for career progression by highlighting the type
of qualifications, the further training and education requirements and the length of time
required to achieve the development plan outcome
Seeking information provided by Awarding Bodies, NTOs and Career Services for career
and qualification progression relating to career development and general hairdressing
and beauty therapy sector information
Seek information relating to bodies representing the hairdressing and beauty therapy
industries and define their roles within it
Produce an organisation structure flow chart depicting roles and responsibilities within the
learner’s own workplace.
Suggested time allocation 2 + hours
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Grievance Procedure
Introduction to the Unit
This unit covers the employers obligations to have a grievance procedure and the employees
right to raise a grievance. Grievances can be positive and employers should not perceive a
grievance as a threat against their authority.
Prior Learning
The candidate may not have any prior knowledge of this unit unless they have undertaken
previous employment.
Summary of Learning Outcomes
To complete this unit the candidate will be expected to demonstrate an understanding of :
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The right to have a simple procedure to raise grievances
The right to raise their grievances and have them heard without malice
The Contract of Employment should include or refer to the grievance procedure
Unit Content
There is an ACAS Code of Practice which identifies the recommended content of a grievance
procedure
Should be simple, in writing and rapid in operation
For grievances to be handled confidentially
For individuals to be represented at grievance hearings
For the grievance procedure to work they should be written and widely distributed
Employment Rights and Responsibilities
The right of employees to have a Contract, which shows how an individual can seek redress
to a grievance, is included in the Employment Rights Act 1996
Suggested Delivery
This is best delivered as a group exercise with candidates ‘brainstorming’ issues which might
form the basis of a grievance. A model grievance procedure can then be circulated. The
emphasis needs to be on the positive nature of grievances and groups should be asked to
indicate areas where grievances should be raised. It would be relevant to include a case
study where the grievance is about the employers failure to agree to a legal minimum e.g.
minimum wage or breaks the law e.g. deducts pay from staff for till shortages. This links to
other units and participants can be made aware of their right to go to an Employment Tribunal
to gain their rights For example: failure to get minimum holidays, minimum wage, enforced
Sunday working.
Suggested time allocation 45 – 60 minutes
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Disciplinary Problems
Introduction to the Unit
This unit covers the employers right to discipline staff but also the employees right for this to
be handled without discrimination, in accordance with a fair procedure.
Prior Learning
The candidate may not have any prior knowledge of this unit.
Summary of Learning Outcomes
To complete this unit the candidate will be expected to demonstrate knowledge and
understanding of the following:
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4.
The reasonable expectation of their employer in terms of their behaviour, conduct,
performance etc
The penalties the employer can impose under the disciplinary procedure
The employees expectation that a fair disciplinary procedure will be followed
The employees right to use an Employment Tribunal if unfairly dismissed
Unit Content
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Requirements of content of disciplinary procedure as contained in ACAS Code of Practice
which makes recommendations i.e.
In writing
Specify who it applies to
Identify sanctions available i.e. verbal warning, written warning, final written warning,
dismissal, demotion and who is allowed to give them
Reasons e.g. poor performance, lateness, misconduct
Instant dismissal for gross misconduct e.g. theft
Right of appeal
The employee being advised in advance of the allegations to be made against them
That the employee has an opportunity to give their version of events
Be non discriminatory
It should provide for matters to be dealt with speedily
Provide for confidentiality
Provide for employees to be represented
Full explanation of any penalty given
That employees need one year’s continuous service with their employer before having a right
to go to Tribunal
Suggested Delivery
This unit focuses on the practical process of the disciplinary process. It is suggested that a
number of scenarios from the hairdressing and beauty therapy industry are given with
individuals assessing whether a formal disciplinary sanction or informal action is most
appropriate.
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For example:
An employee is regularly late
Money is regularly missing from the till on a Saturday when the temp works
A stylist/therapist’s percentage of return bookings is less than 20%
An employee refuses to stay late to cater for a customer
A key learning point is that an employer doesn’t need to PROVE an employee’s guilt as in a
court of law. The employer must have reasonable reason to believe – i.e. it is more likely
than less likely. They must also have some objective reason for this belief. It might prove
invaluable for recent publicised local Employment Tribunal cases from the press to be
examined.
Suggested time allocation 2 hours
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Issues of Public Concern
Introduction to the Unit
The unit describes areas of public concern that are relevant to the hairdressing industry.
Consumer awareness and expectations are greater than ever before and clients are
becoming more informed about hairdressing qualifications and consumer rights. The unit also
provides information which will direct the candidate to industry Codes of Practice.
Prior Learning
The candidate may not have any prior knowledge of this unit.
Summary of Learning Outcomes
To complete the unit the candidate will be expected to demonstrate knowledge and
understanding of the following:
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4.
5.
6.
Standards of hygiene in salons
Qualifications of salon staff
Registration for the hairdressing industry
Industry codes of practice
Dealing with client conflict and complaints
Environmental issues
Links with other Units NVQ unit links will be identified here.
Unit Content
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Standards of hygiene in salons: Responsibilities of staff for salon hygiene;
environmental health officer roles and responsibilities
Qualifications of salon staff: The importance of qualified staff; qualification content and
levels; Continuing Professional Development
Registration for the hairdressing industry: Voluntary registration procedures for
individuals and salons
Industry codes of practice. The codes of practice supplied by (need to state codes of
practice available for hairdressing sector and beauty therapy sector) provide a statement
of ethics, behaviour, policies, procedures and principles that form the basis of good
practice and standards by the profession
Dealing with client conflict and complaints: Client communication; methods of
communication – written, verbal and non-verbal communication
Environmental issues and concerns. Awareness and recognition of problems related
to chemical waste disposal, foaming agents used in shampoo products, excessive
packaging of products.
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Suggested Delivery
The unit focuses on issues of client concern and consumer awareness. High expectations
are demanded and expected from clients for hairdressing services. Clients are better
informed of their consumer rights. There is an increase in the number of clients prepared to
take legal action against their hairdresser for damage caused by incorrect hairdressing
services and treatments.
The can be delivered by open discussion of issues and scenarios that reflect issues of public
concern. Discussions can also be centred on the use of chemicals and packaging and their
disposal in the hairdressing and beauty therapy industries.
Activities
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Using reported examples or prepared scenarios of claims against hairdressers and/or
beauty therapists, discuss what could have caused the problem and how the problem
could have been avoided
Preparing a checklist which identifies the trainees own responsibilities and those of other
staff members in their salon for cleanliness and hygiene
Evaluate a selection of industry codes of practice and compare the statements of ethics,
behaviour, policies, procedures and principles with the expectations of the individual
trainees own salons
Writing a letter following a client complaint to resolve a situation.
Suggested time allocation 1 ½ to 2 hours
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