Employment Rights and Responsibilities
Employment Rights and Obligations for Recruitment
Introduction to the Unit
The unit covers the obligations and expectations (rights) of prospective appointees at the
recruitment and selection stage. It will ensure the trainee has a basic understanding of what
is meant by legal and fair appointment systems and decisions.
Prior Learning
The candidate may have a superficial understanding of the issues from the media and other
studies.
Summary of Learning Outcomes
To complete the unit the candidate 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 ie, sex/marital status/disability/race/ethnic
origin/trade union membership/non membership/part time working
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 1970 and Equal Pay (Amendment) Regulations 1983
Race Relations (Amendment) Act 2000
Sex Discrimination Act 1975 and 86
Sex Discrimination and Equal Pay Regulations 1993
Disability Discrimination (Amendment) Act 2003
Employment Rights Act 1996
Employment Relations (Amendment) Act 2003
Asylum and Immigration (Amendment) Act 1999
The Nationality, Immigration and Asylum Act 2002
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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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Employment Rights and Responsibilities
December 2007
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Employment Rights and Responsibilities
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, candidates will
have an understanding of their protection and why candidates 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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Candidates 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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Employment Rights and Responsibilities
December 2007
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Employment Rights and Responsibilities
Employee Rights On Appointment – Contract Of Employment
Introduction
The unit 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 candidates 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 the unit candidates 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 unit should cover the basic legal content of the contract and the requirements for the
contract to be received within two months of commencement ie,
 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 1996.
Suggested Delivery
The unit focuses on the basic content of a Contract of Employment. Candidates 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. For
example that two weeks holiday must be taken in February.
Suggested time allocation 1 hour
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Employment Rights and Responsibilities
December 2007
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Employment Rights and Responsibilities
Basic Employee Rights – Working Time Regulations/Minimum Wage
Introduction
This unit 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 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 of the
following areas:
1.
2.
3.
4.
Minimum pay
Minimum annual leave with pay
Limits on working hours
Entitlements to breaks
Unit Content
Legal Base
 Working Time Regulations 1999
 Children (Protection at Work) Regulations 1998
 National Minimum Wage Act 1998
 National Minimum Wage Regulations 1999
 Employment Rights Act 1996
Employees are entitled to a minimum wage; current rates can be found on the Government’s
web site www.dti.gov.uk. A lower rate exists for employees aged 18 but under 22.
Employees are entitled to four weeks paid leave (which can include bank/public holidays)
based on their normal wage, this applies to part time temporary/casual staff.
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.
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December 2007
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Employment Rights and Responsibilities
Suggested Delivery
The unit 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.
Candidates could produce a checklist of key elements of the Working Time Regulations.
This unit 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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Employment Rights and Responsibilities
December 2007
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Employment Rights and Responsibilities
Health & Safety
Introduction
This unit 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 candidate may not have any prior knowledge of this unit unless they have already
undertaken some paid employment.
Summary of Learning Outcomes
1.
2.
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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
 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 candidates 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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Employment Rights and Responsibilities
December 2007
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Employment Rights and Responsibilities
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
Candidates 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 candidates 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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Employment Rights and Responsibilities
December 2007
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Employment Rights and Responsibilities
Hairdressing & Beauty Therapy Career Pathways and Industry Structure
Introduction
The unit describes the hairdressing and beauty therapy 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 candidate 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 candidate will be expected to demonstrate knowledge and
understanding of the following:
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The career pathways for hairdressing and beauty therapy
Diversification of job role within the hairdressing and beauty therapy industries
Structure and content of qualifications leading to progression within the industries
Continuous Professional Development
Sources of information and advice relating to the hairdressing and beauty therapy industries
Roles of salon workers and the interaction between staff
Representative organisations for the hairdressing and beauty therapy industries
Trade Unions
Content
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Hairdressing Career Pathways: salon assistant, junior, junior stylist, stylist, senior
stylist, salon manager, salon owner
Beauty Therapy Career Pathways: salon assistant, therapist, senior therapist, salon
owner, salon manager
Diversification of job roles - hairdressing: 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 therapy: 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, Modern 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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December 2007
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Employment Rights and Responsibilities
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Interaction and roles of salon workers: Roles and responsibilities of hairdressing and
beauty therapy salon workers; common hairdressing and beauty therapy salon personnel
organisational structures
Representative organisations for the hairdressing and beauty therapy industries:
Bodies representing the industries; bodies representing hairdressing and beauty therapy
employers and employees; bodies representing hairdressing and beauty therapy 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 hairdressing and beauty therapy industries.
Suggested Delivery
The unit focuses on career pathways and opportunities for progression within the hairdressing
and beauty therapy industries. The delivery of the unit will identify the diverse opportunities
available within the hairdressing and beauty therapy industries and provide encouragement
and promotion for lifelong learning. The candidate 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
candidate’s own workplace.
Suggested time allocation 2 + hours
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December 2007
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