12 - Policies and Practices Flashcards
what rules are applied when calculating continuous service
- a week = worked 8 hrs
- some periods of absence included, eg sick leave
- previous service in company counted
what is TUPE and what does it mean
TUPE = Transfer of Undertakings (Protection of Employment) states when an undertaking is transferred, employees are automatically transferred to employment of new owner provided:
- real change in business ownership
- continuity in business before + after
what is the equality act 2010
outlaws discrimination subjecting any prejudicial practices to the test of justification
how is justification assessed
PROPORTIONATE = discriminatory effects outweighed by benefits
LEGITIMATE = reasons relating to business efficacy/health and safety
types of discrimination
DIRECT = treating people less favourably because of a protected characteristic
INDIRECT = applying provision/practice which disadvantages people with a certain characteristic
what is the aim of diversity
- maximise potential of all staff
- make use of unique characteristics
- organisation to be proactive in managing needs of diverse workforce
how can an organisation manage needs of diverse workforce
- tolerance of differences
- effective communication
- manage adjustments for families/age differences
- deal with differences in numeracy/literacy
- manage diverse teams
most important way to foster diversity?
- organisations should set up an equality, diversity and inclusion policy
- should set out core values, culture, framework
whose responsibility is health and safety and how
EMPLOYERS:
- risk assessments and contingency plans
- provide safe working environment, first aid
- hazard prevention
- PPE and machinery safety
EMPLOYEES:
- take care of themselves, don’t put others at risk
- attend training
- report hazards
other stakeholders in health and safety
- contractors = need to comply/mitigate
- safety representatives = legal duty, inspects workplace
- health&safety commission = investigate workplace, issue improvements/prohibition notices
types/levels of bribery
- ACTIVE = bribing another person
- PASSIVE = receiving a bribe
- bribing foreign public official
- corporate failure to prevent bribery
what is corruption/what is involved with corruption
= abuse of trust to gain unfair advantage, can occur when personal interest conflicts
what are facilitation payments
extra payments to get ahead of a routine function
eg, bribery to speed up passport application
what is money laundering
the proceeds of crime, which have illegitimate origins, are converted into assets that appear to be legitimate
three phases of money laundering?
- placement = disposal of proceeds of crime into legitimate business property
- layering = transfer of money from place to place to conceal criminal origins
- integration = culmination of placement/layering, giving money appearance of being legitimate
categories of offence of money laundering
- LAUNDERING = offences of concealing, disguising, converting, transferring, removing criminal property
- FAILURE TO REPORT = is an offence to not report them knowingly
- TIPPING OFF = offence to make a disclosure to prejudice money laundering offence
penalties for the 3 money laundering offences
- laundering = max 14 years and/or a fine
- failure to report = max 5 years and/or a fine
- tipping off = max 5 years and/or a fine
what should the money laundering policy cover
- matters concerning money laundering
- signs of money laundering
- how to report
- what happens after report is made
eight principles of data protection regarding holding data?
- fair/lawful processing
- obtained for lawful purpose
- adequate, relevant, not excessive
- accurate and up to date
- not kept for longer than needed
- processed in accordance with individuals rights
- kept secure
- not transferred to other countries without protection
data protection policy should cover…?
- purpose of policy
- staff responsibility
- company procedures
- access to office and files
- computers/IT
- data backups
- system maintenance and development
- reporting breaches of policy
what is whistleblowing
name given to workers making a disclosure of wrongdoing by employers
what is relevant legislation to whistleblowing
Public Interest Disclosure Act (PIDA)
worker must:
- reveal right type of info
- reveal info to right person in right way
what counts as a qualifying disclosure
if it shows one or more of the following:
- criminal offence committed
- failure to obey law
- miscarriage of justice
- health and safety is endangered
- damaged environment
what counts as a protected disclosure
- made in good faith
- reasonable belief it is substantially true
- reasonable belief it is being made to right person
what happens if a person makes a protected disclosure
- have right to not suffer detriment
- if an employee is dismissed = counts as unfair dismissal
what should organisations do to control whistleblowing
set out a policy covering areas:
- purpose and scope of policy
- disclosure
- what is covered
- how to report concern
- investigations
- safeguards
what effect does social media have
- can affect company’s communications
- created issues regarding productivity
- abuse of it can impact reputation
how should companies manage threats of social media
set out a policy covering:
- purpose, definition, scope
- things to know about public info
- use of it at work and home
- excessive use
- consequences for breach of policy
- monitoring social media during work time
how should communications by employees be
they must NOT:
- bring organisation into disrepute
- breach confidentiality
- breach copyright
- do anything discriminatory
- make false/misleading statements
- pass comment on issue worker isn’t authorised to speak on
roles of the health and safety commission
enter and investigate a workplace and:
- issue improvement notices requiring remedial action
- issue prohibition notices ordering stopping of certain activities
