IT Academy ERR Workbook
IT Academy ERR Workbook
Contents
Contents Cont’d
Welcome to the IT apprentice’s Employment Rights and Responsibilities (ERR) Workbook. This
workbook forms part of your apprenticeship; it covers important aspects of your work, and helps you
understand your most important rights and responsibilities as a person employed in IT.
This may be the first time you have worked for an employer, or the first time you have undertaken any
training since leaving full-time education. You need to learn about the organisation you work for, your
responsibilities within that organisation and the responsibilities of the people who work with you to
enable you to become an effective staff member of the organisation. You also need to know other vital
information such as health and safety, data protection, discrimination and sustainable development.
The workbook is organised into a number of different sections, each section covering a different topic
within the ERR. You need to review the information and then complete the questions to check that that
you know and understand certain aspects of your Employment Rights and Responsibilities.
You do not have to work through the book in any particular order and you may have to do some research
to find out some of the answers. Your contract of employment and staff manual should provide many of
the answers. Don’t be afraid to ask for help from your training provider, assessor or line manager if you
are unsure of any of the questions or where to look for answers. There is a list of useful web sites, at the
back of this workbook, where you may find much of the information required.
The Acts of Law referred to are for reference only. As with all Acts of Law, they are subject to
amendments or can be superseded by new Laws, and new Acts of Law can be introduced after the date
of this publication. You should always refer to the latest version.
Don’t forget, you will need to complete this workbook in order to complete your apprenticeship, making
sure you complete the Evidence Matrix in section 9. Also that the Declaration in section 10 is signed by
yourself, your training provider and line manager as being your own work
Good luck with your Apprenticeship and welcome to the start of your IT career.
Employment Rights & Responsibilities
2. Employment law
There are several Acts which form statutory rights and responsibilities that employees and employers
have, including the parts of employment covered by the law, including:
Employment Rights Act 1996
Employment Relations Act 1999
Contracts of employment
Anti-discrimination provisions (gender, race, disability, age)
Working hours and holiday entitlements
Sickness absence and sick pay
Minimum wage entitlements
Data Protection Act 1988
Smoking at work
Using VDUs
Wherever you work it is important that you are aware of the following rights and responsibilities.
This act is designed to help people achieve a better balance between family life and the workplace.
Parental leave is covered under this act.
Under the Employment Rights Act 1996, every employee is entitled to:
The right not to be discriminated against on the basis of sex, race or disability.
The right to take maternity leave and receive associated benefits if qualified.
The right to receive statutory sick pay.
The right to receive written details of employment.
This act is designed to help people achieve a better balance between family life and the workplace.
Parental leave is covered under this act.
A young worker is a person at work who is over the compulsory school age but less than 18 years of
age. Clearly by this definition many Apprenticeships will commence training as young workers and will
reach the age of 18 during their training.
So as far as the health and safety of young workers is concerned employers must comply with the
Health and Safety (Young Persons) Regulations and the changes in the Management of Health and
Safety Regulations brought about by the Young Persons Regulations.
Employment Rights & Responsibilities
The National Minimum Wage was introduced in April 1999. This entitles workers to a guaranteed
minimum pay rate. It is against the law for employers to pay their workers less than the minimum wage.
All workers over the age of 18 are entitled to the national minimum wage. This includes part-time
workers, temporary workers, agency workers, casual workers, home workers and piece workers as well
as full-time permanent workers.
2.6 Apprenticeships
People who start an apprenticeship when they are aged 16 or 17 do not qualify for minimum wage until
they reach their 19th birthday. If you are aged 19 or over when you start an apprenticeship, you are
excluded from receiving the minimum wage for the first 12 months of the programme. Children and
young workers aged 16 and 17 are not covered by the minimum wage.
The first two of these are the most frequent. The Employment Rights Act lays down minimum notice
periods which employers and employees must give one another but if longer than the minimum are
stated in the Contract of Employment or Terms of Employment then those periods of notice must be
given. Reasons for giving notice are best written and may include, for example, a family move to an
address, which makes travel to work impractical.
The Working Time Regulations 1998 control employees working hours and holiday entitlement. They
apply to all employers in the UK, regardless of what type of business they have or the size of the
company.
The entitlements differ depending on factors such as the age of the employee and the type of work they
are doing.
The Working Time Regulations 1998 limit the average hours worked each week to a maximum of 48
hours per week, unless the worker volunteers to do more hours.
After three month’s service, all employees have a statutory right to four weeks paid leave-including
public holidays.
Rest breaks can be paid or unpaid; this all depends on your individual employer. If your breaks are
Employment Rights & Responsibilities
unpaid you may find that your working day is slightly longer.
Exception: There are also certain cases where an employee is legally entitled to time off work but the
employer does not have to pay them. An example is jury duty. The employee can claim loss of wages
and expenses through the court administrative system.
Absence requests will only be allowed by prior permission from your employer. You must check with your
employer for the following reasons:
Doctor/Dentist appointment
Holiday
Family reasons e.g. bereavement of a close relative or time needed to look after a dependant.
Other: may include Territorial duty, trade union meetings etc.
Parental leave is an employee’s right to take time off work to look after a child or make arrangements for
the child’s welfare.
In order to qualify for parental leave, you must have completed one year’s continuous service with your
current employer. Some employers however may choose to reduce the amount of qualifying service to 6
months instead of a year but it is entirely up to the individual employer. Parental leave can usually be
taken up until your child’s fifth birthday.
Your employer may or may not provide a statutory sick pay scheme. If they do, the amount of statutory
sick pay you are entitled to depends on the amount you earn. Look at the following web site for full
details of what you are entitled to contact the Benefits Agency.
Statutory sick pay is the minimum level of payment an employer pays to employees who are off sick. It is
paid for a maximum of 28 weeks
Some employers go beyond this and pay additional entitlements to any employee who is off work sick.
This will be different for each individual company. Some contracts may state that you will receive your
normal salary when you are off work sick.
2.11 Absence
If you are sick and are going to be absent from work you need to inform your employer. In most places
of work, you will need to phone your line manager and inform them of your absence, saying how long
you think you will be off work for.
If you are off work for seven days or less, a self-certificate is normally accepted. If you are off work
longer than seven days, you must get a doctors certificate.
Your Company Handbook should tell you the rules of your workplace. It should state what to do if you are
unable to go to work because of illness.
Employment Rights & Responsibilities
The Data Protection Act 1998 is designed to protect any information stored about us and also to make
sure that it is used correctly. Data stored could be facts about us or even our opinions. Anybody who has
access to any personal information on any other living individual is affected by these laws and should be
made aware of their duties as a result.
As an employee you have certain rights under the Data Protection Act 1988. You are allowed to know
what personal data the employer is storing, how the information is stored, for example on a computer or
in a filing system. You also have the right to know who will have access to this data, why the data is
required and what the information will be used for.
It is extremely important that this information is kept safe and that no unauthorised people have access
to it.
The Data Protection Act has 8 main principles. The Data Protection Act is described in more detail in
www.ico.gov.uk
On July 1st 2007, England followed Wales, Northern Ireland and Scotland and introduced a new law to
make virtually all enclosed public places and workplaces smoke free. A smoke free workplace ensures a
healthier environment, so everyone can socialise, relax, travel, shop and work free from second hand
smoke.
The new law means that employers must display no-smoking signs in all smoke free premises and
vehicles. They also have a legal responsibility to make sure that people follow the new laws. Each
workplace will have their own smoking policy so you will need to read your company handbook to find
out the details.
The new law also requires vehicles to be smoke free at all times if they are used:
to transport members of the public or
In the course of paid or voluntary work by more than one person - regardless of whether they are
in the vehicle at the same time.
Vehicles that are used primarily for private purposes are not required to be smoke free.
Employment Rights & Responsibilities
What was the main purpose of the Data Protection Act 1998?
When did England introduce a new law to make virtually all enclosed public places and workplaces in
England smoke free?
Employment Rights & Responsibilities
Read your contract of employment and list six key points below, saying why you think they
are important?
1.
2.
3.
4.
5.
6.
What are your working hours, holiday entitlements and sick pay conditions as agreed with
your employer?
Your working hours?
Who should you contact and what can you expect to happen if you:
Have a grievance at work?
Employment Rights & Responsibilities
The following are Statutory Requirements and legal obligations, some of which have been previously
covered in employment law:
3.1 Discrimination
From 1st October 2006 it became unlawful to discriminate against people at work because of their age.
However, young people working with special equipment or plant may have to reach a set minimum age
before they are allowed to do so.
There are various laws that exist to protect you from being discriminated against on the grounds of
gender, ethnic origin, religion and beliefs during an interview and during your employment. Discrimination
is not always easy to identify.
Examples of groups that could find themselves being discriminated against are:
Men or women
Old people
People with disabilities
People from ethnic minorities
Employment Rights & Responsibilities
To make sure companies follow equal opportunity law, they must have an Equal Opportunities Policy.
Look in your Company Handbook or ask were its located.
3.2 Anti-Discrimination
The Equality Act 2010 combines previous anti-discrimination legislation into one act, and covers race,
sex, sexual orientation, disability, religion or belief, gender reassignment, pregnancy and maternity,
marriage and civil partnership and age. It protects against discrimination, harassment and victimisation.
The sex discrimination aspect of the law relates to all types of UK organisations, and covers:
Recruitment
Employment terms and conditions
Pay and benefits
Training
Promotion and transfer opportunities
Redundancy
Dismissal
Everyone has the right to receive equal pay for work of the same value regardless of whether they are a
man or woman. All aspects of employment (or prospective employment) are protected from age
discrimination.
All training and promotion opportunities should be publicised to all employees and open to everyone on a
fair and equal basis regardless of age.
Employers cannot discriminate against workers because of a physical or mental disability or to fail to
make reasonable adjustments to accommodate a worker with a disability.
Anti-discrimination law also protects employees who have made a complaint or intend to complain about
unfair treatment. European Union (EU) anti-discrimination law has been adopted across all member
states, including the UK.
Just as in the UK, if you employ anyone within the EU, you must make sure that you do not discriminate
against them because of their racial or ethnic origin, religion or belief, disability, age, or sexual
orientation.
This means:
giving everyone in your company equal treatment at work and access to training
making sure that disabled people can work comfortably
providing equal access to employment
having an equal pay system
Employment Rights & Responsibilities
3.3 Bullying
Bullying can include public insults, unfair or excessive criticism of you work, repeatedly changing or
setting unrealistic work targets, shouting and general abusive behaviour.
There are steps you should take if you witness or experience bullying at work, such as reporting it to
your line manager, keeping a diary, seeking medical advice if your health is affected.
It is a criminal offence to employ a person who is not entitled to live or work in the UK. Before an
employee can start working for a company, the employer should require them to produce a document
which shows their national insurance number. Examples of other documents that could be provided are a
UK or Republic of Ireland birth certificate, a passport or national identity card stating that they are a
British citizen. Other people who are also entitled to work in the UK are people with valid working visas,
work permits and a European Union passport. To avoid discrimination, this procedure should be applied
to all new employees.
This act allows certain criminal convictions to become ‘spent’ (ignored) after a rehabilitation period. It is
illegal for an employer to ask an employee about any previous convictions. It is also illegal for an
employer to discriminate against or dismiss an employee because of a ‘spent’ conviction. Certain jobs
are excluded from this act; they are medical services, teaching or caring for children, the sick or the
elderly. If you have a ‘spent’ criminal record you can answer ‘no’ when it asks you on an application form
whether you have a criminal conviction.
The Race Relations Act 1976 makes it illegal to treat a person less favourably than others on racial or
religious grounds. This applies to all aspects of employment including recruitment, payment, training and
termination of contracts.
There are exceptional jobs that genuinely require people of a certain race or religion.
The Employment Equality (Age) Regulations 2006 came into force in October 2006. The regulations
make it unlawful on the grounds of age to:
Discriminate directly against you – that is, to treat you less favourably than others because of
your age – unless objectively justified.
Discriminate indirectly against you – that is, to apply a criterion, provision or practice which
disadvantages your particular age unless it can be objectively justified subject you to harassment.
Harassment is unwanted conduct that violates your dignity or creates an intimidating, hostile,
degrading, humiliating or offensive environment for you having regard to all the circumstances
including your perception of the issue.
Victimise you because you have made or intend to make a complaint or allegation or have given
or intend to give evidence in relation to a complaint of discrimination on grounds of age
Employment Rights & Responsibilities
discriminate against you, in certain circumstances, after the working relationship has ended.
Employment Rights & Responsibilities
1.
2.
3.
4.
What steps should you take if you witness or experience bullying at work?
Employment Rights & Responsibilities
Give two examples of “reasonable adjustments” that could be made in your workplace to help
accommodate a disabled person.
Give two examples of jobs where the employer could justify only employing people who belong to a
certain age range.
Employment Rights & Responsibilities
You have a joint responsibility with the employer to ensure that health and safety is the number one
priority in the workplace.
Employers have to take steps to manage health and safety. They must have a policy and procedures
relating to safe working. They have to assess the risks in the workplace, and they have to make sure that
everybody involved is aware of the risks and procedures to be followed. Make sure that your employer
explains the safety policy to you and your part in making sure the policy is followed; also ask what risks
there are and how these are controlled.
Someone will be responsible for training/supervising you at work. Make sure that you know who the
supervisor is and who to turn to if that person is not available.
You have a responsibility to act in a safe and responsible manner and like your company you may be
prosecuted for failure to comply.
These publications contain the majority of the information you will require on:
Emergency arrangements (fire, accidents and first aid);
Any additional immediate significant risks;
Control measures for the above;
Supervision arrangements (and who is responsible for you as a learner) and contact person (if
not the supervisor/instructor) for any health and safety concerns;
Any restrictions or prohibitions that apply you as a learner (equipment, processes, areas, systems
etc.); and
Any personal protective equipment or clothing that is required to be worn, when and how etc.
Where and what welfare facilities are provided for you e.g. toilets, washing facilities, drinking
water etc.
Employment Rights & Responsibilities
Explain what GENERAL steps you should take to keep yourself and others safe at work.
Who is the person you should contact if you have any health and safety concerns or training needs or
concerns?
What restrictions and prohibitions have been placed upon you regarding equipment, processes,
areas, systems etc?
Employment Rights & Responsibilities
Look around your workplace. Make a list in the box below of at least 5 possible dangers or hazards
that you notice. Split your list into three groups: Low Risk, Medium Risk, and High Risk. Suggest one
precaution that could be taken to lower the chance of each risk occurring.
Hazard Risk Precaution
Information Technology (IT) is at the centre of everyday life and can be found in almost all other
industries. IT underpins many organisations and pastimes, from shopping to watching the television, and
it is at the core of every business. IT will continue to be the key element that enables businesses to grow.
One in twenty people employed in the UK work in IT and Telecoms workforce (1.5 million)
Over 550,000 new entrants over the next 5 years are required to fill IT and Telecoms roles in the
UK ( source – Technology Insights 2011 – e-skills UK Ltd)
creative roles, involving digital technologies used in web design and development
The IT industry is well known for its wide range of job titles and roles, which can make it hard to pin down
exactly what people do. Outlined below are just a few of the roles:
Technical Support - These are the professional trouble-shooters of the IT world. Many technical support
specialists work for hardware manufacturers and suppliers solving the problems of business customers
or consumers, but many work for end-user companies supporting, monitoring and maintaining workplace
technology and responding to users' requests for help. Some lines of support require professionals with
specific experience and knowledge, but tech support can also be a good way into the industry for
apprentices.
Network Engineer - is one of the more technically demanding IT jobs. Broadly speaking the role
involves setting up, administering, maintaining and upgrading communication systems, local area
networks and wide area networks for an organisation. Network engineers are also responsible for
security, data storage and disaster recovery strategies. It is a highly technical role and you'll gather a
hoard of specialist technical certifications as you progress in this area.
Software Engineer - The work of a software engineer typically includes designing and programming
system-level software: operating systems, database systems, embedded systems and so on. They
understand how both software and hardware function. The work can involve talking to clients and
colleagues to assess and define what solution or system is needed, which means there are a lot of
interaction as well as full-on technical work. Software engineers are often found in electronics and
telecommunications companies.
Employment Rights & Responsibilities
Software Tester - Bugs can have a massive impact on the productivity and reputation of an IT firm.
Testers try to anticipate all the ways an application or system might be used and how it could fail. They
don't necessarily program but they do need a good understanding of code. Testers prepare test scripts
and macros, and analyse results, which are fed back to the project leader so that fixes can be made.
Testers can also be involved at the early stages of projects in order to anticipate pitfalls before work
begins.
Web Developer - Web development is a broad term and covers everything to do with building websites
and the entire infrastructure that sits behind them. The job is still viewed as the trendy side of IT years
after it first emerged. These days web development is pretty technical and involves some hardcore
programming as well as the more creative side of designing the user interfaces of new websites. The
role can be found in organisations large and small.
Technical Sales - Technical sales may be one of the least hands-on technical roles, but it still requires
an understanding of how IT is used in business. You may sell hardware, or extol the business benefits of
whole systems or services. Day to day, the job could involve phone calls, meetings, conferences and
drafting proposals. There will be targets to meet and commission when you reach them. A technology
degree isn't necessarily essential, but you will need to have a thorough technical understanding of the
product you sell.
Describe the type of organisation you work for and explain where it fits within the industry.
Describe the main tasks that are part of your job role (list a maximum of 5).
Technology is changing everything – from business and the economy to social interaction. What are
the main changes that have taken place over recent years?
(list at least three).
Give an example of how any of the changes identified above have affected roles in your organisation
Employment Rights & Responsibilities
Draw a chart of your organisation (or department), everyone’s job role and who they report into,
including yourself.
Employees job roles and who they report into?
6. Career Development
Your Apprenticeship is not the end of your learning process – in fact it is just the beginning. Continuous
Professional Development will enable you to perform your job to the best of your ability and allow you to
advance further in your career. You may wish to specialise in a specific area, Network Engineer,
Database Administrator etc. or specialise in a specific technology, Microsoft, Cisco etc. or start up your
own business.
There are a number of resources that you can utilise to better understand the training opportunities
available to you. The following is just an example of what is available.
e-skills UK helps develop the IT professional qualifications employers need – and that you can use to
start and enhance your career. They are also the body responsible for the IT & telecoms National
Occupational Standard (NOS)
The URL below gives you access to a vendor neutral certification roadmap which shows you what job
roles Vendor Certifications can help you get into.
Website - http://certification.comptia.org/certroadmap
Employment Rights & Responsibilities
As you gain qualifications, you may want to join a professional body and establish your commitment to
the IT industry. Membership of a body such as BCS - The Chartered Institute for IT who have developed
a suite of products and services to help you get the best possible start to your IT career.
Membership – Join over 70,000 IT professionals and students around the world and access
resources, skills and opportunities to help with your studies and to develop your future career
Qualifications and Training – their IT qualifications and training offer skills and expertise to
enhance your performance and increase your efficiency, in your studies and in future work.
Career Support – as you embark on a career in IT, they have information and guidance to make
sure you make the right career decisions.
BCS, The Chartered Institute for IT champions the global IT professional and the interests of individuals
engaged in that profession for the benefit of all
What is the occupation your training and development is preparing you for within your organisation?
List the opportunities for training and development provided by your employer (this could be short
courses, qualifications, in-house training, etc).
What is the process, and who is responsible for CPD within your organisation?
Employment Rights & Responsibilities
Within the IT Industry there are a range of representative bodies that promote the views of a group of
people with common interests.
The representative bodies collect the views of their members and act as their voice in discussions with
other groups on issues that affect them all. Representation occurs both within an organisation and other
bodies. Representation between different bodies can occur at local and/or national levels.
Here are just a few on those bodies relevant to you and your organisation.
7.2 Connect
Connect is a campaigning trade union representing managers and professionals in the communications
industry – www.connectuk.com
Confederation of British Industry (CBI) is the premier lobbying organisation for UK Business on national
and international issues – www.cbi.org.uk
The Federation of Small Businesses is the UK’s largest campaigning pressure group promoting and
protecting the interests of the self employed and owners of small firms – www.fsb.org.uk
Getting British Business Online is a joint initiative by Google, Enterprise UK, BT, e-skills UK and many
other partners to help small businesses create their first website and help them understand the
opportunity offered by the internet – www.gbbo.co.uk
The Institute of Engineering and Technology is one of the world’s leading professional societies for the
engineering and technology communities – www.theiet.org
7.7 Intellect
Intellect is the leading trade association which serves to represent its members in the UK technology
industry – www.intellectuk.org
The National Computing Centre is the largest and most diverse corporate membership body in the UK IT
sector – www.ncc.co.uk
Representative Bodies - Questions
Employment Rights & Responsibilities
Describe the role and purpose of the Health and Safety Executive.
Which external source would you turn to for information relating to Equal & Diversity?
Which external source would you turn to for information relating to Data Protection?
Employment Rights & Responsibilities
9 Evidence Matrix
These are the rights and responsibilities required for Apprentices, covering the relevant areas of
employment law and workplace practices and procedures. There will be rights and responsibilities
standard to all job roles and industries, and in addition, industry specific requirements.
The apprentice should complete the right hand column of this matrix to show how they have proved
knowledge of each outcome, or where to find the appropriate evidence.
10 ERR Declaration
This declaration should be completed by the Apprentice, the employer and the training provider and then
attached with the Apprenticeship Certificate Request Form, together with the completed Employment
Rights and Responsibilities matrix from the previous page
Apprentice
Signature: Date:
Employer
Name: Organisation:
Signature: Date:
Assessor
Training
Name:
Provider:
Signature: Date:
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