Why you should care about the Care Act 2014

Posted on by indeedlaw

Local Government: The Care Act 2014 (CA 2014) has been heralded as the most significant reform of community care legislation in over 60 years, but can it live up to the hype?

 

What are the key changes which will arise as a result of the coming into force of these provisions?

CA 2014 received Royal Assent on 14 May 2014. It is hoped this will bring some much needed clarity to the piecemeal legislation that currently comprises community care law. However, practitioners will have to be patient as its provisions do not come into force until April 2015.

It would be impossible to set out the full scope of CA 2014 here. A few of the main provisions include:

A new ‘wellbeing’ principle

CA 2014, s 1 includes a duty on authorities to promote the ‘general wellbeing’ of an individual. This could have wide-reaching implications as it can be used in various circumstances including:

 

o            the protection from abuse and neglect

o            control by the individual over day-to-day life

o            participation in work, education, training or recreation

o            social and economic well-being

o            domestic, family and personal relationships

o            suitability of living accommodation, and

o            the individual’s contribution to society

 

 

 

 

Indeed Law: Employment Contracts

Posted on by indeedlaw

Indeed Law

Are you looking forward to practice law? Do you know the terms and conditions that you’ll have to adhere to in order to get a good job in this competitive field? Well, we compiled some terms from Indeed law and are briefly explained below. To start with, all employees have to sign an employment contract with their employer. The contract carries the following;

  • Your duties as the employee
  • The responsibilities of the employee
  • The rights of the employee
  • Employment conditions

These four are also called the terms of the contract. Both the employer must abide by the contract till it ends. If the terms change before the contract ends, then both of them have to agree to the changes. The contract does not have to be written down, but as soon as you have accepted the job, then you have entered into a contract with your employer.

If there are any legal parts of the contract, then they are called the terms. These parts should be clear to the employee and the employer should explain these. Terms of a contract could be:

  • In a written document
  • Verbal agreement
  • In an employee handbook
  • In a job offer letter
  • A requirement of the law
  • In collateral agreements
  • In any implied terms.

In this case, implied terms are issues that are not agreed on verbally or in writing but are more or less considered common sense and ethical like:

  • No stealing from your employer
  • Employer to provide a safe and secure working environment
  • Employees should get the stipulated holiday per year and should be paid for it
  • Things that have been in the company for a long time like paying employees Christmas bonuses.

Some of these agreements are done by the employees’ representative on behalf of the other employees for example a trade union. The union in this case will negotiate and agree with the employer on behalf of the employees. This is referred to as a collective agreement. In the event that the job is short term, then the employer should give the employee a written statement which has the employment particulars. This will not be referred to as conditions of employment.

There are some employees who fail to issue their employees with a written statement. In this case the employee should:

  • Resolve the matter informally and probably face to face
  • If this does not work, they should take a grievance against the employer.
  • In these two do not work, then he can try get a tribunal to help him.

The tribunal is neutral and will determine what the employment particulars should be. In the event that the employee wins the case for example for unfair dismissal, then the tribunal will determine the fairest compensation package they should get. Once the tribunal has set the figure, then it should take no more than one month to receive you pay. Indeed law protects all employees, but the employer as well.