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L3 Business Administration > Unit 2 - Regulations > Flashcards

Unit 2 - Regulations Flashcards

1
Q

what is direct discrimination?

A

when an individual is being discriminated against for a protected characteristic that they have.

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2
Q

what is indirect discrimination?

A

where a group of people are discriminated against due to a set of rules that have been put in place in order to go against a characteristic.

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3
Q

what is associative discrimination?

A

this is when an individual is discriminated against because they associate with someone who has one of the protected characteristics.

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4
Q

what is victimisation?

A

this is when someone treats you badly because you have complained about discrimination or help someone who has been a victim of discrimination.

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5
Q

name 5 of the nine protected characteristics:

A
  1. age
  2. disability
  3. race
  4. religion
  5. sex
  6. sexual orientation
  7. being pregnant or having a child
  8. being or becoming a transgender individual
  9. being married or in a civil partnership.
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6
Q

what is legislation?

A

this is a law or a set of laws that are suggested by the government and made official in parliament. this has been set out in the law and must be followed.

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7
Q

what is a policy?

A

this is a set of ideas or a plan that have been agreed by a group of people.
workplace policies are written by the company and set out how the company meets legislation.

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8
Q

what is a prodecure?

A

this is a set of actions that is the official or accepted way of doing something - such as a fire procedure set out by the business.

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9
Q

what is the Health And Safety At Work Act 1974?

A
  • primary legislation that covers H&S in GB
  • identifies the responsibilities of the employees and employers have to themselves and the public.
  • all workers have the right to work in environments where there are no risks to their health and safety.
  • this overall helps to prevent you from getting hurt or ill through work. all people must comply.
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10
Q

name some of the responsibilities of the employer for H&S

A

-provide and maintain equipment
-deal with substances (chemicals) safely
-provide information, instructions, training and supervision
-maintain safe and healthy workplaces with the necessary equipment
-provide health and safety policies when employing 5 or more people
-ensure visitors and members of the public are not put at any unnecessary risks.

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11
Q

what must be displayed under H&SA1974

A

health and safety law
this should also include employer and employees responsibilities, key contacts as well as what to do in case there are any issues.

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12
Q

name some of the responsibilities of the employee for H&S

A

-follow all training that they have been given by the employer
-take car of your own and others’ H&S
- cooperate with the employer
-tell someone if you think the precautions are inadequate and could be putting someone at risk
-don’t misuse or interfere with anything related with H&S

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13
Q

what are the six pack regulations 1992

A
  1. management of health and safety at work regulations
  2. manual handling operations regulations
  3. display screen equipment (DSE) regulations
  4. workplace (health safety and welfare) regulations
  5. provision and use of workplace equipment regulations
  6. personal protective equipment (PPE) regulations
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14
Q

explain management of health and safety at work regulations

A

-employees need to assess all significant risks
-if more that 5 employees, a record needs to be kept
-employer needs to take into account pregnant women, if they cannot be kept safe, they need to be given paid leave for as long as necessary.
-employer needs to take into account young people, if children under school leaver age is employed, parents must be given details of the risk assessment
-employer needs to make arrangements for effective planning, control and maintaining of health and safety in the workplace.

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15
Q

name the steps to make a risk assessment:

A
  1. identify the risk factors
  2. who can be harmed and how
  3. evaluate the risk
  4. record your findings
  5. monitor and review
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16
Q

explain manual handling operations and regulations:

A

-avoid the needs for workers to do manual handling
-employers must assess the task if manual handling cannot be avoided
-the employer must reduce the risks that are involved
-must provide general instruction and information
-employees must make use of all systems and work provided by the employer

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17
Q

explain DSE regulations:

A

-employers must make risk assessments for all workstations that will be used by DSE users
-employer must reduce risks
-daily work routine needs to be planned to be interrupted by rest breaks or other work.
-users are entitled to eye and eyesight tests paid for by the employer

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18
Q

what must workers provide under health, safety and welfare?

A

-toilets, washing facilities and drinking water
-provide adequate first aid facilities
-report major injuries and fatalities at work
-have insurance that covers you in the event of illness or injury. this should be displayed where easily readable
-work with others sharing the workplace so that everyone’s health and safety is protected

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19
Q

name some provision and use of work equipment regulations:

A

-employer needs to ensure workplace is suitable for the purpose
-equipment needs to be properly maintained
-employer needs to provide instruction, information and training for any equipment being used.
-if equipment carries a risk, it should only be used by trained professionals
-the employer should ensure that measures are being taken to protect users against dangerous parts of machinery

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20
Q

name some PPE regulations

A

-provide ppe when necessary, this must be appropriate tito this risk involved.
-if more than one ppe is needed, they must be compatible
-risk assessments must be conducted before buying ppe
-employers need to ensure that ppe is maintained and replaced as often as necessary.
-storage needs to be provided by the employer for any ppe issued
-all ppe that is used must be used properly and adequate training should be given to those using the ppe

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21
Q

what issue are we all responsible to report?

A

-accidents or near-misses
-potential hazards
-fault with equipment
-dangerous behaviour
-welfare concerns

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22
Q

what would happen to the employer if H&S is not followed?

A
  • fines
  • prison sentences
  • loss of reputation
  • loss of income
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23
Q

what would happen to the employee if H&S is not followed?

A

-injury / death
-fines
-prison sentences
-loss of job

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24
Q

What is equality?

A

the state of being equal, especial in status, rights and opportunities
it ensures that everyone is being treated fairly and no less favourably.

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25
Q

what is diversity?

A

the quality or state of having many different forms, types, ideas etc.
the practice of including or involving people from a range of different backgrounds, gender, sexual orientation etc..

26
Q

what are the benefits of diversity and inlusivity?

A

-can enhance innovation and problem solving
-take advantage of more opportunities
-widen the appeal of the organisation, products or services
-breaks barriers to improve cross-departmental communications
-develops a better understanding in differences

27
Q

what are 4 ways you can be discriminated:

A
  1. direct
  2. indirect
  3. associative
  4. victimisation
28
Q

name some exceptions for discrimination

A

-age requirements for a job
-if the work is related to a religion, they may only hire those that follow
-if the organisation provides a single sex services, it may not be appropriate to employ those of the opposite sex

29
Q

where are people protected against discrimination?

A

-the workplace
-in education
-as consumers
-when using public services
-in clubs with more than 25 members
-if they are associated with someone who has a protected characteristics
-if they have complained or supported someone who has been discriminated against

30
Q

what is an act?

A

the law made by the UK parliament

31
Q

what are regulations?

A

they provide the details about an act and how the law will be implemented

32
Q

what are employment laws?

A

involves keeping employees safe and ensuring that the employers are being fair to all.

33
Q

what are the 3 key pieces of legislation when looking at employment law?

A
  1. Employment Rights Act 1966
  2. Equality Act 2010
34
Q

what is the employment rights act 1966?

A

Main legislation in the Uk that deals with many aspects of employment. this is regularly amended

35
Q

name some of the main points of the employment rights act 1966

A

-right for a statement of contract of employment
-itemised pay statement
-protection of wages
-sickness, maternity, paternity and adoption payment and leave
-time off / Sunday working
-procedures for discipline, grievance, dismissal and redundancy.

36
Q

what must be included in a contract?

A

-rate and time of payment
-holiday entitlements
-roles and responsibilities
-additional terms
-notice periods required

37
Q

name some working time regulations

A

-limit of an average 48h working week
-5.6 weeks of paid leaver per year
-11 consecutive hours rest in a 24period
-20min rest break if day is 6+ hours
-1 day off each week
-night workers restricted to 8hrs

38
Q

what are regulations for young workers?

A

-8hrs per day and 40h per week MAX
-30min break is work more that 4.5h
-2 days off per week

39
Q

what is the national minimum wage act 1988

A

this is when all business need to pay a minimum hourly rate. this is set each year by the government for each age bracket (this include the apprenticeship wage)

40
Q

what is maternity, paternity and parental leave?

A

-90% of weekly earning for the first 6 weeks
-£157.97 or 90% for 33 weeks (lowest option)
-unpaid for any remaining weeks

41
Q

what is dismissal?

A

when the employer dismisses an employee because of their capability to conduct something that legally prevents them from doing their job.

42
Q

what is redundancy?

A

dismissing employees because their role is no longer needed.
-alternative employment in the org must be offered where possible and reasonable time off should be allowed for job seeking and training.
-redundancy pay and notice periods should be offered depending on how long someone has worked for the company and their age.

43
Q

what are grievances?

A

when the employee feels unfairly treated by the employer. should try and resolve informally, but if this is unsuccessful, they should make a formal complaint.

44
Q

what is the equality act 2010? what does this mean the employers need to do?

A

deals with equality and discrimination within the UK.
-avoid discriminating against employees or applicants
-make reasonable adjustments to accommodate
-ensure discrimination is not tolerated
-equal pay and treatment
-train and monitor the workforce

45
Q

what is intellectual property?

A

something that nobody has produced before that you physically created (book, song, image etc.)
intellectual property protection is a way to stop people from stealing or copying something you have made

46
Q

what is the intellectual property rights act 2014?

A

allows creators to take legal action against anyone who steals their property

47
Q

what are the three types of protection:

A

-Copyright
-Trade mark
-patents

48
Q

what is the copyright designs and patents act 1988?

A

protects individuals and companies whenever they create original work. it means nobody can copy or reproduce it without permission to do so. if they do, they can be prosecuted in court and may need to pay a fine.

49
Q

what is copyright?

A

when an original piece of work is created, the producer is the legal copyright holder. this is applied automatically. the creator can control how their creation is used or distributed and also includes who they sight the rights over to.

50
Q

what is GDPR?

A

general data protection regulations

51
Q

what are the 7 main principles in GDPR?

A

-lawfulness, fairness and transparency
-purpose limitation
-data minimisation
-accuracy
-storage limitation
-integrity and confidentiality
-accountability

52
Q

explain what is meant by lawfulness, fairness and transparency

A

processed lawfully and fairly in a transparent manner in relation to individuals

53
Q

explain what is meant by purpose limitation

A

collected for a specific, explicit and legit purposes. not further processed in a way that is incompatible with those purposed

54
Q

explain what is meant by data minimisation

A

adequate, relevant and limited to what is necessary in relation to the purposes in which they are processed

55
Q

explain what is means by accuracy

A

accurate and necessary, up to date. reasonable steps must be taken to ensure that personal data that is inaccurate is erased or rectified without delay.

56
Q

explain what is meant by storage limitation

A

kept in a form which permits identification of data subjects for no longer than necessary purposes.
PERSONAL DATA CAN BE KEPT LONGER IF ONLY YOU ARE KEEPING IT FOR PUBLIC INTEREST ACHIVING, SCIENTIFIC OR HISTORICAR OR STATISTICAL PURPOSES.

57
Q

explain what is mean by integrity and confidentiality

A

processed in a manner that ensures appropriate security of the personal data, including the protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organisational measures. you must ensure that you hold the appropriate security measures in place to protect the personal data you hold.

58
Q

explain what is meant by accountability

A

requires you to take responsibility for what you do with personal data and how you comply with other principles.

59
Q

what are the 6 bases for keeping personal data. briefly explain each one

A
  1. consent - the individual has allowed you to process their personal data for a specific purpose
  2. contract - the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering the contract
  3. legal obligation - the processing is necessary for you to comply with the law
  4. vital interest - processing is necessary to protect someone’s life
  5. public task - if processing is necessary for you to perform a task in the public interest
  6. legitimate interest - processing is necessary for your or a 3rd party unless there is a good reason to override this.
60
Q

what is the freedom of information act 2000?

A

this gives the public access to information that public authorities hold. it makes the authorities legally required to publish certain information and member of the pubic are entitled to request information as well.

61
Q

when can requests be refused under the freedom of information act 2000?

A

-if it would cost too much or take too much time
-if the request is vexatious (likely to cause disproportionate or unjustifiable level of distress, disruption or irritation
-the request has been made by the same person multiple times

L3 Business Administration (11 decks)

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