8) UNIT 2 - Employment Legislation

Question 1

Name the 3 types of legislation and what they consist of

Answer 1

• Health and Safety
• Employment Legislation:
• the employment rights act
• national minimum wage regulation
• the equality act

•Data Protection Legislation:

• the data protection act
• the computer misuse act
• the freedom of information

Question 2

describe the responsibility of the employer in the health and safety legisaltion

Answer 2

• maintain the equipment to standards that are safe
• provide info and policies on health and safety to help keep employees safe e.g. fire procedures
• provide training on how to use equipment safely

Question 3

describe the responsibility of the employee in the health and safety legisaltion

Answer 3

•keep themselves safe and not do anything that will endanger themselves or others
•read information and comply with procedures
•inform employer of potential hazards
e.g. cables

Question 4

what are the implications of the health and safety legisaltion

Answer 4

• costs - maintaining equipment

* training employees on how to use tools/equipment

Question 5

what does the employment legislation ensure?

Answer 5

• the employees right to terms and conditions of work

* protect against discrimination

Question 6

what responsibility does the employer have in the employment rights act

Answer 6

Employer must provide:

• a written statement of ‘employment particular’ within 2 months of commencing employment
• an itemised pay statement

Question 7

what does the national wage regulation mean

Answer 7

makes it illegal to underpay the minimum wage

Question 8

describe 2 implications of the national minimum wage regulation

Answer 8

• If the national minimum wage rises this will mean that employers must change their payment system
• financial implication as more money is invested into wages (if NMW rises) therefore less profitability to the organisation

Question 9

give examples of areas of employment that equality should be implemented

Answer 9

• recruitment
• training and development/promotion
• disciplinary and grievance procedures
• dismissal and termination

Question 10

list 9 protected characteristics in the equality act

Answer 10

• age
• disability
• sex/gender
• gender re-assignment
• sexual orientation
• race
• religion
• marriage/ civil partnership
• pregnancy/maternity (dismissal)

Question 11

Describe a positive implication of the equality act

Answer 11

•increased employee morale as they feel equal in the workplace - they will work at their best performance as they are committed to their work environment, increasing productivity

Question 12

Describe 2 negative implications of the equality act

Answer 12

•If employer is accused of discrimination, financial implications like court, lawyers and having to pay compensation

•renovations to buildings which has financial implications
e.g providing unisex toilets so transgender people do not feel discriminated against

Question 13

list the 8 principles of the data protection act

Answer 13

1) fairly and lawfully gained information
2) used only for intended purpose
3) adequate, relevant and not excessive
4) accurate
5) kept no longer than necessary
6) kept in accordance with rights of data subject
7) kept in safe and secure environment
8) not transferred outside the European Economic Area (EEA) without permission

Question 14

give an example of:

1) fairly and lawfully gained information

Answer 14

no illegal surviellance

Question 15

describe and give an example of:

2) used only for intended purpose

Answer 15

•must state the purpose of the information

e.g. keeping personal details employees for their records

Question 16

describe and give an example of:

3)adequate, relevant and not excessive

Answer 16

•cannot keep too much information

e.g. cannot keep dental records of employees if they are not relevant

Question 17

describe and give an example of:

6) kept in accordance with rights of data subject

Answer 17

•the data subject has right which must be complied with

e.g. public sector organisation data subject has right to request to see data

Question 18

describe and give an example of:

4)kept no longer than necessary

Answer 18

•must destroy information that is no longer needed

e.g. if an employee leaves, no records should be used other than for references

Question 19

describe and give an example of:

7) kept safe and secure

Answer 19

•information must be protected

e.g. locks on filing cabinet, using passwords on computers etc.

Question 20

describe:

8) Not transferred outwith the EEA

Answer 20

•only organisations within the EEA are allowed to access the information

Question 21

why was the computer misuse act implemented and what activities does it make illegal

Answer 21

passed to deal with problem of hacking

Illegal activities:

• unauthorised access to a computer
• unauthorised modification of computer material
• spreading viruses to damage computer

Question 22

what are the implications of the computer misuse act

Answer 22

• strong password protection to protect against unauthorised access - financial implications to set that up
• firewalls and antivirus software installed and frequently updated to protect against viruses

•informed staff about risks to computer systems by training information
e..g dont open spam emails that may carry viruses

Question 23

what does the freedom of information act do?

Answer 23

gives anyone the right to request data from a public sector organisation

Question 24

Describe 2 implications of the freedom of information act

Answer 24

• Large organisations will need to employ someone such as a communications officer to handle data and put in a presentable format - Financial implications as money and time on recruitment and selection
• May reveal negative aspects of organisation - affect its attraction to customers, affect future investors, affect image as an employer and therefore the success of recruitment