6.1 Regulation processes that apply to the service or aspects of it

Course: NVQ Level 5 Diploma In Leadership & Management for Adult Care

Unit 2: Governance and regulatory processes

LO6: Understand wider ranges of regulatory requirements that apply to services

6.1 Regulation processes that apply to the service or aspects of it

Regulatory processes can be complicated, but the basic idea is straightforward. A regulator is tasked with setting rules or standards for the industry and enforcing them. They may be mandated by law or more general principles of public policy. The goal is to protect consumers and ensure fair play.

Employment law

The employment law regulates workplace relationships. This can be anything from hiring and firing to issues like sexual harassment, whistleblowing, and agency workers. The law is different in each country and may differ between different regions within the same country.

The most important legislation concerning employment is the Employment Rights Act 1996 (ERA). It sets out rights for employees and their employers – these affect how people can be treated at work. The ERA covers issues such as unfair dismissal, redundancy pay, and notice period rights.

Equal opportunities

The Equality Act 2010 builds on previous anti-discrimination legislation and outlaws unfair treatment of employees because of age, ethnicity, disability, gender reassignment, religion or belief, sex, and sexual orientation. One of its aims is to help those with a disability overcome the effects of discrimination so they can obtain equal access to education and employment opportunities. The Equality Act 2010 places a duty on employers to make reasonable adjustments in the workplace. It also requires that employers publish information, annually, about their equality and diversity policy and employment practices.

Under The Equality Act, 2010 employers will need to take steps to avoid discriminating against people because of disability or any other protected characteristic. Employers must not treat disabled employees less favorably than non-disabled employees unless the treatment is a proportionate means of achieving a legitimate aim.

This Act makes compulsory some long-standing departures from the principle of employment at will including giving two weeks’ notice before dismissing an employee with three months’ service; adopting procedures when dismissing employees in groups, and notifying employees who are dismissed for the poor performance of the reasons.

Data Protection Act & General Data Protection Regulations (GDPR)

The Data Protection Act 1998 came into force in March 2000 and was designed to protect personal data. The Act gives individuals the right to know exactly what information is held about them on a computer or in manual filing systems, how it is being used, and their rights of access to that information.

The General Data Protection Regulations (GDPR) will replace the Data Protection Act 1998 and will strengthen the rights people have over their personal data.

The GDPR is designed to protect all EU citizens from privacy and data breaches in an increasingly data-driven world. It’s replacing the Data Protection Directive 95/46/EC, which was implemented by EU member states including the UK in October 2003. The GDPR is directly applicable in member states and will lead to greater harmonization of data protection laws across Europe.

The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

These regulations aim to ensure that an independent and transparent complaints procedure is made available to the public if they feel that their issue has not been resolved in a satisfactory manner. They also outline sanctions for organizations that fail to comply with their own procedures. A guide about making a complaint can be found on NHS Choices.

There are many other regulatory processes that may apply to your service, but these are some of the most common. It is important to ensure that you are familiar with the regulations that apply in your area and take steps to comply with them. This will help to protect both your employees and the people who use your service.

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