Learning materials to cover Employment rights and responsibilities

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1 Learning materials to cover Employment rights and responsibilities This section covers LO1 Know employer and employee rights, responsibilities and own organisational procedures Introduction (K1, K2) As an employee, you have certain rights and responsibilities and you need to understand these so that you can act in an appropriate and legal way for yourself and others. These rights and responsibilities apply to both full and part time employees. Contracts of employment (K1) Everyone should receive a contract of employment. This is a legally binding document that details all the terms and conditions between you and your employer. It is usually written down and can form part of the induction process when you start work. If you work for a small organisation, there may instead be a verbal agreement; this is also legally binding. Your contract of employment should include the following information: Names of employer and employee Place of work Date employment started Hours of work Information on how much and how often you will be paid Details of holiday entitlement Organisational procedures (K3, K4, K5) Your employer may also refer you to other documents, such as a staff handbook. This may contain information about sick pay, pension rights, equal opportunities policies, disciplinary and grievance procedures and trade unions. Hospitality and catering employers and employees have to take account of employment legislation and a number of other laws that affect their industry. Because of the nature of the work particularly when preparing, cooking and serving food organisations are required to develop specific procedures and keep detailed records. Employees must play a role in maintaining these records so that there is a clear audit trail of what has occurred. Some of these records relate to accidents at work (accident report book), recording and monitoring temperature controls for food (Hazard Critical Control Point HACCP) and Health and Safety and Fire Safety documentation. Legislation (K1, K2) In the UK, there are many laws designed to protect employees. These relate to equal opportunities, disability and age discrimination, working time, national minimum wage, paid holidays, and maternity and paternity pay. Some of the key legislation affecting the hospitality industry is described below.

2 Anti-discrimination laws You have a legal right not to be discriminated against on the grounds of sex, race or disability. There are a number of Acts that relate to this, including: Data Protection Act 1998 Disability Discrimination Act 1995 Race Relations Act 1976 (amended 2003). Health and safety The Health and Safety at Work (HASAW) Act 1974 is the most important piece of health and safety legislation in the UK. It states that both employers and employees have a responsibility to maintain their own safety and the safety of others in the workplace. This act is known as an umbrella act, which means that many different laws come under the heading of health and safety. Some of the most important ones are listed below. Health and Safety (First Aid) Regulations 1981 Health and Safety Information for Employees Regulations 1989 Personal Protective Equipment (PPE) at Work Regulations 1992 Control of Substances Hazardous to Health (COSHH) Regulations (amended 2002) Fire Regulatory Reform (Fire Safety) Order 2005 Prescribed Dangerous Machinery Order 1964 Provision and Use of Equipment Regulations 1992 Public Health (Control of Disease) Act 1984 Electricity at Work Act 1989 Food safety and hygiene It is very important that people working in the hospitality and catering industry know about legislation relating to food safety and hygiene, and are provided with the necessary training to do their jobs properly. All those involved in preparing, cooking and serving food to customers must do so in a safe and hygienic manner and must report any illnesses to management. Some of the main laws relating to food safety and hygiene are listed below: Food Hygiene (England) Regulations 2006 Food Safety (General Food Hygiene) Regulations 1995 (amended 2006) Food Safety (Temperature Control) Regulations 1995 Food Standards Act 1999 Food Safety Act 1990 The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 Public Health (Control of Diseases) Act 1984 Sale of goods and services The sale of goods and services is at the core of the hospitality and catering industry and is covered by the acts listed below: Sale of Goods Act 1979 (amended 2003) Supply of Goods and Services Act 1982 (amended 2002) Trade Descriptions Act 1968 Weights and Measures Act 1985 Weights and Measures (Intoxicating Liquor) Order (amended 1988)

3 This section covers LO2 Know factors that affect own organisation and occupation Career pathways within the hospitality and catering industry (K6, K7) The hospitality and catering industry can be divided into two main sectors: the commercial sector the public service sector. Career pathways in the commercial sector The commercial sector covers businesses where catering and accommodation services are the main source of income (e.g. hotels and restaurants). Catering services There are a range of commercial sector outlets that provide catering services for example, cafés, restaurants, fast food outlets, motorway service areas, pubs and bars and staff in these outlets are employed in many different job roles. In this service, the focus is on food and drink so there are many jobs available for chefs and food service staff. In a large traditional kitchen, you may have a team or brigade of chefs. They will be managed by a Head Chef, whose role is to manage staff, plan menus, work out food costs, order stock, arrange rotas and staff training and make sure that the kitchen staff work within the law. There may also be a number of Chefs de Partie, who supervise different sections within the kitchen. They will be responsible for preparing, cooking and presenting a range of dishes and may be in charge of Commis Chefs or Trainee Chefs. A commis chef role is the starting role in the kitchen and involves food preparation, basic cooking and presenting food. The commis chef will work under supervision and may be undergoing a training course while they are working. In smaller kitchens, there may be a less formal structure, such as a chef and assistant chef working together to prepare, cook and present dishes. In a traditional restaurant as in a large kitchen there may be a team of restaurant staff, led by the restaurant manager. The manager is responsible for hiring and training staff, supervising staff during service, maintaining good customer service, liaising with the head chef and customers and encouraging food and drink sales. The restaurant manager may be assisted by a head waiter and wine waiter. The head waiter supervises the restaurant staff, greets customers and takes orders (including wine orders if there is no wine waiter). The wine waiter is responsible for taking wine orders and can recommend wine to suit the food that customers have ordered. The head waiter is responsible for a team of waiters who serve food and drinks, maintain good customer service and liaise with the kitchen staff during service. Accommodation services Accommodation services provide somewhere for people to stay and include hotels, guesthouses and self-catering accommodation. Staff working in the reservations or reception team will be responsible for taking reservations on the telephone or via

4 . The will also meet and greet customers on arrival, check customers in and out of the guesthouse or hotel, provide information on the accommodation and on local facilities and liaise with other departments to provide information on customer requirements. Reception has to liaise closely with the housekeeping department, to let them know which rooms are ready for cleaning and which rooms are occupied. The housekeeping department is managed by a head housekeeper, who may be supported by assistant housekeepers. The head housekeeper will manage the dayto-day housekeeping service and will also, in some establishments, manage the linen service. They will be responsible for hiring and training room attendants and checking that the rooms and public areas have been cleaned to the standard required by the organisation. Careers in the public service sector In the public service sector, catering and accommodation are not the main business but these services are required by customers, staff and visitors. The public service sector includes hospitals, schools, colleges, residential homes, and staff catering for businesses. These services are often run by a catering manager, who will be in charge of food production and food service, managing and training the service team, planning menus and working within budgets. A catering manager may be responsible for several services or outlets at once and will often be assisted by a head cook, who manages the kitchen. The head cook may be supported by assistant cooks who are responsible for food preparation, basic cooking and presentation of food. The assistant cooks may work with cooks (who help them to prepare, cook and present the food) and food service assistants (who work in the restaurant to serve food and clear and clean the tables). Some organisations also employ a facilities manager, whose role is to manage catering operations, accommodation and the facilities (buildings). How to develop your own career in the hospitality industry (K8, K9) There are a number of ways in which you can progress in your hospitality career and it is important to seek feedback so you can set appropriate targets. You may receive feedback from customers and other members of staff about your performance at work. Your manager should also provide you with regular appraisals which will give you an opportunity to discuss your work performance (i.e. what you have done well, where you feel you need to improve, how you can improve your skills and abilities, and what training is available). Your appraisal will allow you to set goals and plan how to achieve them. Once you and your manager have decided on a course of action, you should develop a learning plan. This can help you to plan a career path and organise formal learning. In your learning plan, you can record your long and short term aims and set dates for the achievement of each aim. If you are attending a formal training course such as that run by a college the course organisers may set the target dates for you and help you to monitor your progress, to make sure you are able to achieve your goals.

5 Professional bodies There are a number of professional bodies within the hospitality and catering industry whose role is to support staff working in the industry. They promote their members interests and provide an excellent source of information on careers, training opportunities and qualifications within the industry. Institute of Hospitality This is a worldwide professional body for managers and those working towards management jobs. It provides current information and conferences/seminars to keep members up to date, provides discounts on services, sets recognised educational standards and runs accredited qualifications. British Hospitality Association This is the UK s national trade association. Its main role is to unite the industry and make its views known to the government. It also aims to encourage best practice across the industry. British Institute of Innkeeping This is the professional body for the licensed retail sector. It offers comprehensive training and qualifications and aims to promote good practice within the industry. Hospital Caterers Association and Local Authorities Caterers Association (LACA) These associations represent those working in healthcare and local authority establishments. They aim to promote best practice and host conferences, seminars and study weeks. Craft Guild of Chefs This is the leading chefs association in the UK. Activities include training and demonstrations at hospitality events such as Hotelympia.

6 Title: Employment rights and responsibilities in the hospitality, leisure, travel and tourism sector Level: 2 Credit value: Learning outcomes The learner will: 1.0 Know employer and employee rights, responsibilities and own organisational procedures 2.0 know factors that affect own organisation and occupation 2 (16 GLH) Assessment criteria The learner can: 1.1 State employer and employee rights and responsibilities under employment law, including Disability Discrimination Act, Health & Safety and other relevant legislation 1.2 State importance of having employment rights and responsibilities 1.3 Describe organisational procedures for health & safety, including documentation 1.4 Describe organisational procedures for equality & diversity, including documentation 1.5 Identify sources of information and advice on employment rights and responsibilities, including Access to Work and Additional Learning Support 2.1 Describe the role played by own occupation within organisation and industry 2.2 Describe career pathways available to them 2.3 State types of representative body related to the industry, their main roles and responsibilities and their relevance to the industry 2.4 Identify sources of information and advice on own industry, occupation, training and career 2.5 Describe principles, policies and codes of practice used by own organisation and industry 2.6 Describe issues of public concern that affect own organisation and industry

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