Every employee working within the Health care sector is responsible for following the Guidelines of Legislation, Policies, Procedures, concerning the individual company working environment. Usually a written contract is drawn up stating clearly the companies’ policies and procedures, there are generally two sides to the agreement as the employer and the employee both of who have rights in Law according to , (Fletcher L, 1999)
Guidelines are written into the contract this is signed by both parties regarding the employee’s job description or specifications, explaining what is required, including qualifications anticipated to be attained within their job role,. According to (Fletcher L, 1999). Rules and regulations are quite largely diverse, Employment protection is covered in the Employment Protection (Consolidation) Act 1978. According to (Fletcher L, 1999) Companies draw up Legislation to adhere to their own unique practises, to conform to the Laws within the roles of Government. Health care organisations come under ‘Public Law this regulates the action of bodies exercising public functions these can be seen in the care sector Private, or the National Health Service, Government, Government Agencies, Local Authorities’ .cited by (Brayne H, 2013) All of these organisations are required to follow Legislation, Policies, and procedures, they are usually displayed for all employees to see and are set in place to promote the safety of individuals in any health or social care setting. ‘A policy is a principle set in place to guide the employees in the right direction of the organisation.’ As cited (Anderson, 14). A procedure is set in place as a series of stages to be followed as a regular and repetitive approach to accomplish the safety of the employees within the workplace’ as cited (Anderson, 14). ‘All employees have a responsibility to themselves to ensure their work does not become detrimental to their health or well-being by ensuring that the way they undertake their work is as safe as possible’ (BACP, 2014) Duties of Employers should follow the Guidelines according to The Health and Safety at Work Act Legislation 1974, which they have a standard to put into place a safe working environment for their employees ‘a breach of these duties gives rise to criminal offences and the employee can take the employer to court’ The Term Reasonably Practicable recurs frequently in Health and Safety at Work Legislation and is of pivotal importance, according to (M, 2009). If the Employee injured themselves due to understaffing in the place of employment, the Employer could then be as seen as in breach of the contract of employment and the employee could take the employer to court ‘The professional requirement to report unsafe circumstances to a superior, support the ideology of the Health and Safety at Work Act 1974’.according to (Fletcher L, 1999). Within the over-all responsibilities defined in the Act the employer and the employee, together should mutually have a duty to recognise the liabilities present within the workplace.
The employee has a duty to make an account of a full written record of any occurrence of poor care practice or poor care standards any incidence which should also be recorded. According to (Fletcher L, 1999). ‘Therefore it can be stated that ethics influences not only the formulation of the laws governing medical practise, but also their interpretation in a given clinical situation. ‘According to (Brayne H, 2013). For example in the workplace the employees, the care worker, or nurse, are administering the medication to the service users, this procedure should always be counter signed by two signatures to show the medication has been administered correctly with the correct dosage, this is to safe guard any mistakes, keeping accurate records. This is of the utmost importance for Managers to have a record to be able to check that the service users, are being cared for in an appropriate manner according to their individual care plan, as each service user has a care plan set in place in accordance to their individual specific needs (M, 2009). A care plan will have information regarding each individual service user needs, the information will state their personal preferences, any hobbies or interests, favourite food, their personal care needs, washing, and toileting, medication administration, any hospital doctors’ appointments, the service user needs to attend. These records need to filled on a day to day basis following the care home routine for morning, afternoon, and night, regarding the different procedures, for each individual service user, they need to be kept precisely up to date, and accurate easily accessible for all employees, to know where these records are kept, for According to (Fletcher L, 1999) The importance of accurate record keeping of records cannot be overestimated as this procedure displays a standard of conduct beside which all employees may be measured by an outsider, including a judge in court.