Employment Rights and Responsibilities (ERR)Workbook

DWC Ltd ERR March 2011 V2 Draft of 30

The Institute of the Motor Industry

Employment Rights and

Responsibilities (ERR)Workbook

To support QCF Framework 1

Apprenticeships and Advanced Apprenticeships

In England, Wales and Northern Ireland

For use within The Automotive Industry


Contents Introduction 2 Employment law 3 Employment law Questions 6 Equal opportunities 8 Equal opportunities Questions 11 Health and safety 13 Health and safety Questions 15 The structure of the motor industry 19 The structure of the motor industry Questions 21 Career development 23 Career development Questions 25 Sources of Information and Advice 25 Sources of Information and Advice Questions 27 ERR Mapping 28 Declaration of Completion 29 Introduction This unit will enable the learner to develop understanding of the automotive industry and the role of their organisation within the industry. Understand their role within the organisation and their rights and responsibilities as an individual and their responsibilities when dealing with others. 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 As with all Acts of Law, they are subject to amendments or can be superseded by new Laws, and new Acts of Law can be introduced after the date of this publication.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. In order to complete this work book, you will need to have a copy of your terms and conditions of work, company hand book and access to or copies of any of your company policies and statements.


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. Employment Relations Act 1999 This act is designed to help people achieve a better balance between family life and the workplace. Parental leave is covered under this act. Employment Rights Act 1996 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. Employment Relations Act 1999 This act is designed to help people achieve a better balance between family life and the workplace. Parental leave is covered under this act. Employment Rights Act 1996 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. Young workers regulations A young worker is a person at work who is over the compulsory school age but under 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.


Minimum wage 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. 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. TERMINATION OF EMPLOYMENT • Dismissal Notice given by Employer • Resignation Notice given by Employee • Mutual agreement Agreement between Employer & Employee • Fixed Term Contract Cessation of Contract • Frustration Incompatibility issues • Breach of Contract A breach of the terms of employment 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. Working hours and holiday entitlements 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 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 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. Statutory sick pay 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: http://www.pers.org.uk/yhlpu/ssp.htm or 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. 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. Data Protection 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. Your rights as an employee 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.dataprotection.gov.uk. Smoking at work 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. Smoke free vehicles 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 law – Questions. When was the national minimum wage introduced? What was the main purpose of the Data Protection Act 1998? Who should you contact if you’re sick and when? When did England introduce a new law to make virtually all enclosed public places and workplaces in England smoke free? What is a contract of employment and why it is necessary?


Read your contract of employment and list six key points below, saying why you think they are important? What are your working hours, holiday entitlement and sick pay conditions as agreed with your employer?


Who should you contact and what can you expect to happen if you: • have a grievance at work • want to report and incident which happened at work • are involved in a disciplinary process Equal opportunities The following are Statutory Requirements and legal obligations, some of which have been previously covered in employment law: The Sex Discrimination Acts1975 and 1986 The Race Relations Act 1976 Race Relations Amendments Act 2000 Disability Discrimination Act 1995 The Special Educational Needs and Disability Act 2001 Equal Pay Act 1970 and Equal Pay (Amendment) Regulations 1983 The Rehabilitation of Offenders Act 1974 Employment Rights Act 1996 Employment Relations Act 1999 Human Rights Act 1998 The Learning and Skills Act 2000 The Health and Safety at Work Act 1974 European Equal Treatment Directive 1976 Protection from Harassment Act 1997 Treaty of Amsterdam 1997 Public Interest Disclosures Act 1998 Data Protection Act 1998 Working Time Regulations 1998 Part time Workers Regulations 2000 Sex Discrimination (Gender Reassignment) Regulations 1999


Equality Act 2006 Employment Equality (Religion & Belief) Regulations 2003 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 The laws to protect you in the workplace are: • The Equal Pay Act 1970 • The Race Relations Act 1976 • The Sex Discrimination Act 1975 • The Disability Discrimination Act 1995 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. 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, including: 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

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. The Asylum and Immigration Act 1996 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. Rehabilitation of Offenders Act 1974 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. Race Discrimination The Race Relations Act 1976 makes it illegal to treat a person less favourably than other 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 Age Discrimination 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 discriminate against you, in certain circumstances, after the working relationship has ended.

Equal opportunities - Questions The Law protects you against discrimination. Name at least four types of discrimination and give an example of each.


What steps you should take if you witness or experience bullying at work? Give an example of sex discrimination. 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.


Health and safety 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. Risk guidance in the vehicle repair industry There are a number of hazards to be considered when entering a vehicle workshop for the first time.

a. There are likely to be vehicles moving around in confined spaces. b. There may be Vehicle Inspection Pits, which have been uncovered to allow work on

a vehicle, but the vehicle may not yet be in place. c. There will be various hazardous chemicals in use such as Petrol, Diesel, Oils, and

Anti Freeze etc. d. There may be various types of machinery in use such as Vehicle Hoists, Air

Compressors, Grinding Wheels, Oxy Acetylene Welding equipment etc e. There will be various electrical cables and flexible air pipes in use and these may be

trailed across the floor. Care must be taken not to trip or fall over these items. f. In the Parts Department components will in general be stored in racks against the

wall. If the components wanted are stored high up there will be ladders in use.

Working on Vehicles There are a number of hazards to be considered when working on vehicles.

a. Lifting and handling parts of the vehicle, which may be heavy, awkwardly shaped or difficult to get at.

b. If it is necessary to go under a vehicle it is important to ensure that it is properly supported with the correct type of support. Bricks and thin pieces of wood are not suitable support. They will collapse under the vehicles weight.

c. Some repairs will involve working very close to moving parts of the engine. Care must be taken not to touch these parts with any part of the body, your clothing or tools.

d. Some of the electrical components of a vehicle operate at an extremely high voltage. All electrical components should be handled with great care.

e. Commercial wheels are very heavy and extremely dangerous to inflate. Inflation must always be carried out with the wheel securely restrained by a guard.


Accident Procedures You should report to your company about any accident, injury or dangerous occurrence that happens to you while you are on the programme. It rests with your company to report any accident to your training provider and to the local Health and Safety authority, as displayed on the Health and Safety law poster. If you are injured in an accident, no matter how slightly, you should make sure the details are recorded in the Company Accident Book and that you report the accident to your Assessor. If you are absent for longer than three days or are taken into hospital for at least 24 hours, an investigation into the circumstances may be necessary. Driving Under no circumstances may you drive a company vehicle unless you have a current full driving license and the permission of the company with whom you are training.

Personal Protection • It is important to be aware of what personal protection equipment you should use to

minimise risks to yourself. • Protective boots and overalls must be worn at all times during training. They are the first

line of protection for your body. Dirty or oily overalls however are a hazard and should be replaced with a clean set at regular intervals or when they become excessively oily. Your company will supply you with overalls or coats and a pair of safety boots or shoes will be provided by Skillnet.

• Rings and metal watch straps are a hazard. Rings can catch on projecting pieces of car bodies or mechanical parts. Watch straps can short out across a battery, this can cause the strap to become heated and result in very bad skin burns.

• Eye protection must be worn when working in areas where there is a possibility of small pieces of metal or dirt hitting the face. For example using a drill, a hammer and a chisel or grinder.

• All injuries should receive attention as soon as possible and the reason for the injury and treatment given recorded in the company’s accident book.

• Long hair should be safely restrained. If it is not it can get caught in moving parts. • You should be aware of the fire precautions in place in your place of work, the types of

fire extinguishers and their uses. • Barrier cream can be used to prevent contamination of the skin by oils or components. • You should make sure not to obstruct fire exits with rubbish or components • Brake and clutch dust is a hazard. Protective extraction equipment and/or face masks

should be used. • When working in a paint spraying environment the correct type of protective equipment

must be used as some isocyanate paint processes are poisonous. Regular lung function/health checks are required.

• Badly worn tools should be taken out of service and replaced. • All fuels are poisonous. In the case of petrol it is a very flammable substance. Diesel

fuel, when in the form of a spray from a fuel injector, is also very flammable and can penetrate the skin and cause blood poisoning.

During your training, you should be provided with a copy of: a. Be Safe! An introductory guide to Health and Safety b. Health and Safety First Principles 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.

The Health and Safety (Display Screen Equipment) Regulations 1992 These regulations were introduced to minimise some of the risks (i.e. headaches) associated with using visual display unit (VDUs) by ensuring that workplaces and jobs are well designed in the first place. The regulations apply to all employers who have workers who use VDUs for a large part of their work. Employers have to provide training to make sure that employees can use their VDU and workstation safely. By providing training employees will know how to make best use of their VDU and how to avoid health problems related with using VDUs. Employers must also analyse their employee’s workstations to assess and reduce risks.

Health and safety – Questions Explain what GENERAL steps you should take to keep yourself and others safe at work. Where is your assembly point in the event of a fire or evacuation? Who is your first aider at work?


Where is the first aid box located? 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? What protective equipment or clothing are you required to use or wear, when and how?


Look around your workplace. Make a list in the box below of at least 10 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


Using the grid sheet provided, draw a plan of your work area. Then mark on the plan below:

• Fire extinguishers and other fire fighting equipment • Emergency exits • Telephone points • Assembly points • First aid box • Fire doors and the routes from these to the assembly point. • Welfare facilities including numbers of toilets, washbasins (with H&C water), rest/refreshment rooms, food preparation and clothing storage facilities.

Plan of Work Area:


The structure of the motor industry Key facts about the motor industry There are 40+ manufacturers of cars, vans, trucks and buses. There are 7,000+ suppliers of components. There are 790,000+ jobs in engineering that are dependent on the motor industry. The Motor Industry turnover is £40 billion, which is greater than both oil and aerospace. By 2020 it is expected that the UK will require 32 million car parking spaces compared to 26 million at present Your role in the Motor Industry Motor Vehicle Maintenance and Repair Light Vehicle (LV) Maintenance and repair. This involves general service and mechanical repair of cars and larger vehicles under 3.5 tonne. Most LV garages will only deal with vehicles up to the size of a Transit van. Heavy Vehicle (HV) Maintenance and repair. This involves servicing and repairing large goods vehicles over 3.5 tonne and covers many different types of vehicle from a bin lorry to a fuel tanker Motor Cycle (MC) Maintenance and repair. This involves servicing, mechanical repair, and accident damage repair of 2, 3 and 4 wheel (quads) motorcycle type vehicles. Body Repair - The repair of crash damage vehicles; this includes panel repair and replacement, vehicle straightening. The restoration of classic vehicles; this involves the complete rebuild of an older vehicle by repair, replacement or remanufacture of panels. Paint or Refinishing - Preparing panels for painting; this involves filling and rubbing down body work. Masking vehicles ready for spraying, Mixing paint colours, Cleaning equipment, Painting vehicles and panels. Parts – Import, distribution and supply of vehicle parts to the general public, service departments and to the general trade. Delivery, collection and storage of components. Sales – Import and distribution of vehicles, private, commercial and fleet sales. New vehicles, part exchange, second hand sales and vehicle final destination. There are many other roles involved in the industry and supporting the industry. Support services might include customer service, Business administration or management. Structure of the motor industry Vehicle Manufacturers – Design, manufacture, test and market a range of motor vehicles. Vehicle Importers – Import vehicles from overseas that are in most cases ready for sale. Large Dealer Groups – A group consists of many different outlets selling the same or different makes of vehicles. These groups often have a stock market listing, employing hundreds of thousands of staff. Structure of dealerships


Motor vehicle manufacturers, such as Toyota, Fiat or Vauxhall grant certain dealerships permission to sell and/or repair their vehicle within a town or area. This is called a Franchised Dealership. An independent business that does not depend on any particular manufacturer and may sell and/or repair a range of vehicle makes. This is called a Non-Franchised Dealership. The motor industry has 70,000 employers with a larger percentage being non-franchised dealerships. This includes light vehicle, motorcycle and heavy vehicle. Motoring organisations The motor industry has three major companies that provide a breakdown and recovery service to the general public and are classed as Motoring Organisations. These are the AA, RAC and Green Flag. The AA and the RAC are based upon the provision of services by their own staff whilst Green Flag uses the retail motor industry to service membership. Vehicle inspectorate Responsible for the strategy, policy and planning of the current MOT regulations that govern road going vehicles. Motorcycles and cars tested by approved testing stations within the motor industry. Larger vehicles tested at Vehicle Inspectorate Test Centres. Trade associations There are a large number of Trade Associations that operate within the retail motor industry. In every case they represent groups of employers within that area and have codes of practice that employers agree to abide by. Many employers are members of not just one association but a number covering all parts of their business. Another function that trade associations perform is representing the industry to other organisations and bodies, including government. Trade unions The Trade Union Side of the National Joint Council for the Motor Vehicle Retail and Repair Industry is represented by: The Vehicle Building and Automotive Group of the Transport and General Workers Union. The Amalgamated Engineering and Electrical Union. The General Boilermakers and Allied Trade Union (GMW Section). The Manufacturing, Science and Finance Union (MSF). The Employers side is represented by: The Retail Motor Industry Federation. The Scottish Motor Trade Association. To secure the largest possible measures of joint action between employers and employees in the Motor Vehicle Retail and Repair Industry, with a view to the general improvement of conditions in the industry and the promotion of the best interest of all engaged therein. The consideration of measures for securing the loyal adoption of the decisions of its Council by all employers and employees in the industry. The consideration of the remuneration and working conditions of employees in the industry with a view to establishing and maintaining such terms and conditions of service as shall be equitable between employers and employees.


The representation of the needs and opinions of the industry to Government department and other authorities and the consideration of any matter referred to the Council by the Government or by any Government department provided that this sub-section shall not abrogate any of the rights of employers or trade unions to confer with Government departments separately. Block Exemption In October 2002 Block Exemption came into force. This means that;

• Dealers are no longer obliged to offer repair services but they can sub-contract to a suitable repairer

• Dealers will be allowed to sell more than one make of vehicle • Supermarkets can become dealers • Dealers can set up other outlets if they choose

The structure of the motor industry - Questions Describe the type of organisation you work for and explain where it fits within the industry. Describe the role of vehicle inspectorate within the industry.


What are the following? 1. Franchise dealership 2. Non-Franchise dealership 3. Specialist dealership

Produce a flow chart to show the job roles within your organisation.


Career development At every stage of your career, you can work towards;

• Qualifications at different levels and in some cases different subject areas. • Further or Higher education awards. • Certificates for attending other courses. • Membership of a professional body or institute.

Continuous professional development (C.P.D.) 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 become a Master Technician in your vocational area or you may want try other areas of the Industry such as Parts, Reception, Management or starting your own business. Professional status As you gain qualifications, you may want to join a professional body and establish your commitment to your chosen industry. Membership of a body such as The Institute of the Motor Industry or The Society of operations Engineers will give you the following benefits:

• Public and industry respect afforded by professional status. • Prestigious letters following a member’s name. • Formal recognition of ability in a competitive environment. • Additional qualifications recognising technical ability.

IMI and SOE are the two professional bodies that represent the Motor Industry. Each body provides opportunities for career development and professional status. Membership fees will vary according to your level of membership. Information is directly available by contacting the addresses as follows:

The Institute of the Motor Industry Fanshaws,

Brickendon, Hertford SG13 8PQ

Telephone: 01992 511521

Society of Operations Engineers 22 Greencoat Place, London SW1P 1PR

Telephone: 0207 630 1111


Career development - Questions 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?


Sources of Information and Advice Customer rights Our industry continues to receive the wrong type of negative attention with a number if high profile cases damaging the industry. The aim of this section is to inform apprentices of the areas of current legislation and then to consider their actions when supplying services. Sale of goods act The Sale of Goods Act defines a contract for the sale of goods as: “A contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price”. If a customer does not pay for work undertaken – there is no contract between the buyer and seller so therefore the Sale of Goods Act does not apply. The Act states that goods will be of a quality that a reasonable person would regard as satisfactory, taking into account any description of the goods. The term “satisfactory quality” would describe – fitness for the purpose for which goods of the kind in question are commonly supplied, appearance and finish, freedom from minor defects, safety and durability. Consumer credit act This very complex regulation covers advertising, credit agreements and obtaining money from banks and finance companies. In most cases money is borrowed under two different types of agreement: A Credit Sale – the buyer receives ownership of the goods immediately and does not depend on the outstanding credit balance. A Hire Purchase Agreement – the goods are only hired to the buyer and do not become the property of the buyer until full payment has been made. In most cases Credit Sale offers the customer greater protection and is now more popular than hire purchase. Trade description act This Act is designed to stop the use of FALSE or MISLEADING statements in advertisements and a number of companies and individuals have been prosecuted. This Act not only impacts upon the motor industry but also on the general public. If you advertise a vehicle and use false or misleading statements you could be prosecuted. The supply of goods and services act This Act covers – as the title suggests – goods as well as services. An example of this would the servicing of a vehicle which will include: The work undertaken by the garage and the parts fitted during the course of servicing e.g. oil filter. Fitness for purpose of which goods of the kind in question are commonly supplied appearance and finish, freedom from minor defects, safety and durability. Consumer protection act This Act covers the protection of the purchaser against products that are manufactured to a poor standard or are not fit for the purpose for which they are intended. In addition the manufacturer is also liable for any other damages resulting from proven liability.


Warranties and guarantees These are terms used by the manufacturer or retailer to describe the promise when goods are sold. The term guarantee is preferred by the Office of Fair Trading because it provides greater protection to the consumer the term guarantee is preferred by most organisations and refers to the period of time that a product will be repaired or replaced free of charge or under certain conditions. During your training you may need information about any topic, not necessarily to do with your qualification. The below are some suggested help and support contacts but here are other alternative numbers and websites. Contact Name Address Website Address Telephone

Numbers Disability Rights Commission

www.drc-gb.org/drc 08457622633

Equal Opportunities Commission

Arndale House, Arndale Centre Manchester M4 3EQ

www.eoc.org.uk 02072221110

Gay and lesbian humanist association

www.galha.org 01926858450

National Bureau for Students with disabilities

www.skill.org.uk 08003285050

Royal National Institute for the Blind

http:/www.rnib.org.uk

08457669999

Royal National Institute for the Deaf

www.rnid.org.uk emailinformation@rnid.

org.uk

08088080123

The Institute of the Motor Industry

www.motor.org.uk/ 01992511521

Adviceguide –

Citizen’s Advice Bureau

www.adviceguide.org.uk

Commission for Racial Equality

Elliott House 10 –12 Allington Street London SW1E 5EH

www.cre.gov.uk

Tel: 0207 828 7022.

Data Protection & Freedom of Information

Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

www.dataprotection.gov.uk

Health & Safety Executive

[email protected]

HSE Infoline 0870 545500

Department for Transport

Enquiry Service Great Minster House 76 Marsham House London SW1P 4DR

http://www.dft.gov.uk

020 7944 8300

ACAS Publications: ACAS Reader Ltd

Brandon House, 180 Borough High Street London SE1 1LW

www.acas.org.uk

Tel: 01455 852225

http://www.galha.org/

http://www.skill.org.uk/

http://www.rnid.org.uk/


Sources of Information and Advice - Questions What constitutes a Contract of Sale? What information is available about employment issues, and where can you get it, .from within your organisation? What information is available about employment issues, and where can you get it from outside your organisation? What does SSC mean? Who are the SSC for your industry, what do they do and why are they there?


ERR Mapping SASE Requirements Assessment Criteria Date

Completed Knows and understands the range of employer and employee statutory rights and responsibilities under Employment Law and that employment rights can be affected by other legislation as well. This should cover the apprentice’s rights and responsibilities under the Disability Discrimination Act, other relevant equalities legislation and Health & Safety, together with the responsibilities and duties of employers;

1.1 State employer and employee rights and responsibilities under employment law, including Disability Discrimination Act, Health & Safety and other relevant legislation 1.2 Identify any industry specific legislation and regulations that are relevant to own role

Knows and understands the procedures and documentation in their organisation which recognise and protect their relationship with their employer. Health & Safety and Equality & Diversity training must be an integral part of the apprentice’s learning programme;

1.3 Explain why legislation is important in upholding and protecting the rights of both employer and employee 1.4 Describe organisational procedures for equality & diversity, including relevant documentation 2.1 Describe organisational procedures for Health & Safety, including relevant documentation 2.2 Explain the purpose of following health, safety and security procedures in the automotive sector

Knows and understands the range of sources of information and advice available to them on their employment rights and responsibilities. Details of Access to Work and Additional Learning Support must be included in the programme;

1.6 Identify sources of information and advice on employment rights and responsibilities, including Access to Work and Additional Learning Support

Understands the role played by their occupation within their organisation and industry;

3.1 Identify the sectors that make up the automotive industry and where their organisation fits 3.2 Describe own role within the organisation and the automotive industry

Has an informed view of the types of career pathways that are open to them;

3.4 Describe career pathways available within the industry

Knows the types of representative bodies and understands the relevance to their industry

1.7 State the types of representative body within the automotive industry 1.8 Describe the main roles and responsibilities of the


and organisation, and their main roles and responsibilities

representative body and their relevance to the industry 1.9 Describe how representative bodies within the automotive industry can support the employee

Knows where and how to get information and advice on their industry, occupation, training and career

3.3 Identify sources of information and advice on their industry, occupation, training and career

Can describe and work within their organisation’s principles and codes of practice

1.5 Describe principles, policies and codes of practice used by their organisation and the automotive industry

Recognises and can form a view on issues of public concern that affect their organisation and industry.

3.5 Explain issues of public concern that affect their organisation and the automotive industry

Declaration of Completion:

I confirm that all areas of knowledge and understanding for Employment Rights and Responsibilities have been covered.

APPRENTICE DETAILS

Name of Apprentice

Date of Birth

Candidate Number

Learner Signature

Date

EMPLOYER DETAILS

Name of Employer

Employer Address

Name of line manager

Line manager Signature

Date


TRAINING PROVIDER DETAILS

Name of Training Provider

Training Provider Address

Name of Assessor

Assessor Signature

Date

Employment Rights and Responsibilities (ERR)Workbook

Documents

Transcript of Employment Rights and Responsibilities (ERR)Workbook