work experience policy 2013-14 - nescot · 1.4 make the placement provider (employer) and work...

Work Experience Policy

2013-14

Nescot work experience policy 2013/14

Contents

WORK EXPERIENCE POLICY

1. Policy Statement ......................................................................................................................... 2

2. The Arrangements ....................................................................................................................... 2

3. Resources ................................................................................................................................... 3

4. Bullying and harassment of Learners on work placement ........................................................... 3

5. Safeguarding young people and vulnerable adults on work placement ....................................... 4

6. Insurance ..................................................................................................................................... 4

7. Disability Discrimination Act ........................................................................................................ 4

8. Identifying Learners placements requirements under DDA ......................................................... 5

9. Disclosure of Disability ................................................................................................................ 5

10. Monitoring and Review ................................................................................................................ 5

11. List of Appendices ....................................................................................................................... 6

i. Employees (Work Experience Learners) duties under H&S legislation ............................ 6

ii. Procedure for Bullying and Harassment ........................................................................... 7

iii. Staff Guidance on Issues and Procedures ....................................................................... 8

iv. Safeguarding Statement of Principles .............................................................................. 9

v. Employing Young People (further information for employers) ........................................ 11

vi. Work Placement – Preparation of Learner (DDA) .......................................................... 15


1. Policy Statement

1.1 NESCOT will ensure all full time Learners, where appropriate have an opportunity to access Work Experience. Students on Higher Education courses have an entitlement to 5 days per academic year in a Work Experience or Work Based Learning placement.

All learners on Work Experience will be placed in a safe and healthy working environment so far as is reasonably practicable by taking the following measures:

1.2 Ensure that they have been made aware of and have understood the relevant hazards of the job in which they are being trained and are aware of the controls required to reduce the risks to an acceptable level.

1.3 Ensure compliance with Health and Safety legislation including that which is specific to young persons and the working time directive and if appropriate new and expectant mothers.

1.4 Make the placement provider (employer) and work experience Learner aware that the Learner is legally an employee during the time of the placement.

1.5 Take all reasonable steps to ensure the Learner is suited to the placement on offer.

2. The Arrangements

2.1 The College will carry out an audit of the suitability of the placement provider to ensure the health, safety and welfare of the Learner whilst on their placement. All potential placement providers will be visited prior to arranging the first placement

2.2 Where appropriate and taking factors into account including the learner’s age, employer’s sector, type, size and time elapsed since the last assessment; the audit process may necessitate a further pre-placement visit.

2.3 Any negative points from this audit will be discussed with the college Safety and Technical Co-ordinator to decide what course of action is appropriate

2.4 The Class Lecturer will carry out verification of the audit checklist (previously carried out over the telephone), on the first visit to the placement (Toolkit Ref T4).

Any negative points will be noted and discussed with the college Safety and Technical Co-ordinator to decide upon the appropriate course of action.

2.5 In the event that a placement cannot be sanctioned, the Work Experience Co-ordinator will inform the Class Lecturer as soon as possible so an alternative placement to be sought

2.6 The Class Lecturer will ensure that all work experience Learners are given the correct health and safety information and training for their placement including their duties under health and safety legislation (Appendix 1).

2.7 Placements for Learners who are under 16 years of age or new and expectant mothers must

have a risk assessment carried out. Parental permission is also required for those Learners aged less than 18 years to take part in work experience

2.8 Copies of work placement audits and visit reports will be forwarded to the Work Experience

Co-ordinator who will maintain records of approved placement providers. 2.9 Placement providers will be required to sign a Work Experience Placement agreement 2.10 Future placements with approved providers may only need to be confirmed by the Work

Experience Co-ordinator subject to checks that the Insurance information is valid and expiry dates updated and that there has been no change to any methods, machinery or layout that could affect the Health and Safety of the Learner.


2.11 Work experience Learners will provide feedback of the health and safety standards and systems in their placement, which will be used to monitor the effectiveness and suitability of the placement provider for future use (Toolkit L10). The Class Lecturer who has responsibility for the Learner will return a copy of this to the Work Experience Co-ordinator for any necessary action.

2.12 Placements which are defined as self-employed providers will require separate arrangements. 2.13 In the case of child-minders the college will only place Learners with a qualified/-registered

child-minder who has been visited/registered with the local authority. 2.14 Companies that employ their owner (ie sole traders) will no longer have to purchase

employers liability Insurance, the college will cover Employers Liability for the Learner

2.15 Due to the need to maintain close contact with placement providers and for visits to be made, placements should not ordinarily be further in distance than 50 miles by road from Nescot.

3. Resources 3.1 To meet the requirements of this policy the college must make the following resources

available: 3.2 The college will ensure the lecturing staff nominated to place and monitor work experience

learners will be made aware of the guidelines to be used. 3.3 A Class Lecturer will complete Toolkit form T4 on the first placement visit and return them to

the Work Experience Co-ordinator. 3.4 Any negative responses/problems regarding the audits will be referred by the Work

Experience Co-ordinator to the college Safety and Technical Co-ordinator for guidance. 3.5 Regular audits will be undertaken by the college’s Safety and Technical Co-ordinator.

4. Bullying and harassment of Learners on work placement NESCOT recognises its responsibility to provide a safe and healthy environment and upholds the rights of Learners in college and on work placement. The aim of the procedure is to protect Learners whilst on work placement and allow then, if necessary to make a complaint, confident that it will be taken seriously and dealt with in confidence. A bullying and harassment procedure for work placement has been compiled for this purpose. (Please see Appendix 2). Please note that a college wide bullying and harassment policy is also in place.


5. Safeguarding Young People and Vulnerable Adults on work placement NESCOT recognises its obligations to protect Young People and Vulnerable Adults from instances of physical, emotional, sexual or institutional abuse whilst attending college and on work placement. The guidance enclosed in Appendices 3 and 4 of this policy apply to the protection of post 16 year old Learners and vulnerable adults who may be particularly open to abuse by virtue of their age and/or suffering a learning/behavioural difficulty, medical condition or other disability. Placement providers will receive guidance on Nescot’s Safeguarding Statement of Principles for Work Experience (Guidance for Employers) and further information contained in Employing Young People. Placement providers are therefore asked to sign the Protection of Young People and Vulnerable Adults Employer’s Statement to indicate their agreement and acceptance of these principles Whilst these appendices are guidance notes for both work placement organisers and work placement providers, it should be noted that the main college policy on the protection of young people and vulnerable adults should also extend to work placement activities.

6. Insurance It is essential that adequate insurance cover is in place for any Learner on work placement. If the initial health and safety audit indicates that the placement provider cannot provide Employers Liability insurance for a particular reason e.g. registered childminder working from home, or a sole trader, the placement must not be sanctioned. In some cases, the business may be able to organise adequate insurance cover through their Public Liability policy, and in such cases verification of the arrangement will need to be provided to Nescot. Nescot’s insurance policies cannot be extended to cover learners on Work Experience placements.

7. Disability Discrimination Act The definition of a disability is “a physical or mental impairment which has a substantial and long term adverse affect on an individual’s ability to carry out normal day to day actions”. NESCOT will as far as is reasonably practicable ensure that Learners with a disability are not discriminated against for the purposes of work placement. The college will ensure that disabled Learners have the same opportunities as others to benefit from work placements whilst undertaking a college course. During the organisation of a work placement for a disabled Learner the college in agreement with the placement provider will as far as is reasonably practicable ensure the necessary procedures for providing a safe and valuable work placement experience.

8. Identifying Learners placement requirements under DDA. Placement organisers should discuss with each Learner his or her particular placement requirements. It may be relevant to cover the following items:

The Learners skills and capabilities

The Learners preferences – the kind of work the Learner is interested in

The location of the placement and any travel problems that may be presented

The Learners expectations – some Learners may have unrealistic expectations or expectations may be too low

Work demands and pressures – work placements can be daunting or extremely stressful for Learners with little or no prior work experience or for those who have low confidence

Any adjustments the Learner may need on placement e.g. access to audio materials, radio aids, interpreters, transport arrangements etc

Any health and safety considerations

Any concerns ethnic minority Learners may have in relation to racial discrimination in the work place


Any religious beliefs or commitment which may affect placement date, i.e. Ramadan.

** Where a Learner placement meets the criteria of the DDA, please use Appendix 5 (DDA Learner

work placement preparation checklist).

9. Disclosure of Disability Learners may be reluctant to disclose their disability to placement providers, because they are concerned they may be discriminated against. Placement providers should offer Learners the opportunity to talk through the issues that disclosure raises. In some cases, the implications of a disability may impact upon the work placement, and the college may therefore be obliged to ensure that information is passed on. Where Learners are working with children or vulnerable people, or with chemicals or dangerous equipment, for example there will be health and safety and other considerations.

10. Monitoring and Review Nescot needs to monitor placements to ensure that they are working well for disabled Learners. In particular staff need to monitor the adjustments made for Learners to ensure they are responsive to their needs.

11. List of Appendices Appendix 1 Employees (Work Experience Learners) duties under Health and

Safety legislation Appendix 2 Procedure for bullying and harassment of Learners on work placement. Appendix 3 Staff guidance on issues and procedures relating to the protection of young

people and vulnerable adults Appendix 4 Safeguarding Statement of Principles for Work Experience (Guidance for

Employers) Appendix 5 ‘Employing Young People’ (further information for employers who may be

considering employing young people) Appendix 6 Disability Discrimination Act Learner work placement preparation checklist.

*To be used ONLY in cases where Learners fall into this category


Employees (Work Experience Learners) duties under Health and Safety legislation Learner Duties During work experience placement Learners are legally considered to be employees of the placement provider. Therefore they have responsibilities under health and safety legislation for their own health and safety and that of others.

All Learners are required to:

1. Co-operate in implementing the requirements of all health and safety legislation related codes of practice and safety instructions.

2. Refrain from doing anything that constitutes a danger to themselves or others.

3. Immediately bring to the attention of their placement supervisor or lecturer any situations or practices that might lead to injury or ill health.

4. Ensure that any equipment issued to them, or for which they are responsible, is correctly used and properly stored.

5. Be responsible for good housekeeping in the area in which they are working.

6. Report all accidents, dangerous occurrences and notifiable diseases in accordance with guidance.

Procedure for preventing Bullying and Harassment of Learners on Work Placement

The aim of this procedure is to protect Learners from bullying, harassment and discrimination in the work placement and to enable them, if necessary to make a complaint, confident that it will be taken seriously and dealt with in confidence.

Reporting Procedures Informal Procedures

Learners who feel they have been bullied should keep a written record of any incidents of bullying, including the date, time, nature of incident, names of those involved and those of any witnesses.

Whenever possible, any complaint of bullying should be made in the first instance to the supervisor. In circumstances where the subject of the complaint is the line manager the complaint should be made to the placement officer.

Discussion as to the way forward should then be arranged between the Learner and placement officer, possibly in consultation with Programme Leaders and/or Head of Department.

Formal Procedures

Where informal methods fail, or the Learner chooses not to use them or considers that the problem is sufficiently serious, a formal complaint should be made in writing to the Head of Department, describing the incident(s) as fully as possible.

Appendix 1

Appendix 2


The Head of Department will then interview the Learner(s) and take a record of the Learner’s notes along with notes of the discussion with the Learner(s).

The Head of Department should then investigate the formal complaint with the placement provider and placement officer and provide a written report of the investigation.

The Head of Department should conclude the investigation by writing to all concerned indicating the outcome of the investigation.

Any complaints by Learners found to be false and malicious may result in Learner disciplinary action being taken against the Learner.

Appendix 3


Staff Guidance on Issues and Procedures Relating to Safeguarding Young People and Vulnerable Adults

1. Placement Provider

Ensure, where applicable, young people and vulnerable adults are safeguarded and protected from harm and abuse in accordance with ECM/ELM

Any relevant child protection issues are covered through staff development

Any relevant vulnerable child issues are covered through staff development

2. College staff Record on visit form:

Any issues that were discussed

Any information left with the placement provider

Log minor incidents and build up accumulated picture for evaluation/review. Following an incident:

Log telephone calls and any action taken

Inform the relevant Head of Department/Director of Faculty as soon as possible

Withdraw the Learner from work placement immediately

Review use of the placement for future Learners Raise any child protection/vulnerable adult issues when inducting new staff and during ongoing training. The above information should be inline with the requirements of the Data Protection Act. Where applicable you may have to disclose suitability of Learners for working with young children to the placement provider Pre-placement briefing with Learner, discuss:

What if… scenarios

Child Protection issues (where relevant)

Emergency/out of hours contact numbers Lecturer visit to Learner on placement:

Organise telephone contact if distance or unusual circumstances preclude a visit

Discuss with the Learner suitability of placement/feeling safe/comfortable

Feedback any concerns to the relevant Head of Department Debrief of Learner after work placement:

Feedback any concerns on placement to relevant Head of Department


Safeguarding Statement of Principles for Work Experience (Guidance for Employers) General Introduction The College has a legal responsibility to safeguard the Health, Safety and Welfare of young people and vulnerable adults in our care and this responsibility extends to learners on Work Experience with employers. The following guidelines have been written to help employers provide a secure and productive work experience placement. For adults working with young people and vulnerable adults it is important to feel comfortable in the relationship but at the same time be aware of potential problems that may arise Supervision Good supervision is vital to ensure the work placement is successful and to reduce the risk of problems arising. Employees placed immediately in charge of a learner should be confident in dealing with young and/or vulnerable people, act in a mature manner and be capable of putting them at ease. The Government Department for Business, Innovation and Skills (BIS) recommends that employees supervising or working with Young People on Work Experience should undergo training in What To Do If You’re Worried a Child Is Being Abused Behaviour and relationships It is important that learners are reassured and helped to feel comfortable and confident in their new surroundings. However, relationships should remain professional and employees should avoid becoming too familiar. Never permit inappropriate banter or ’horseplay’ which may cause embarrassment or fear. Abuse of Trust The Sexual Offences Act 2003 states that it is an offence for a person over 18 to have a sexual relationship with a young person under 18 if that person is in a position of trust, even if the relationship is consensual. All employees of your company could be deemed to be ‘in a position of trust’ Environment Where possible, employees should avoid being alone in an isolated or closed environment with a learner. If one to one contact is necessary (e.g. review meetings) either do this in a public area or in a room with the door open so you are visible from outside. Physical contact There may be occasions when you need to touch a learner (i.e. guiding a hand or arm) during the course of a task or whilst training to carry out a technical or manual operation. This should be kept to a minimum and be used in a manner that is clearly appropriate to the situation.

Appendix 4


Travel Ensure that there is a known destination and check-in time with a third party when a learner is travelling alone with an adult during the placement. It is advisable to make available a mobile phone in the event of a break down or emergency. Disqualification You are reminded that your company is required by law to protect young people and vulnerable adults from harm and that your employees are required under the Criminal Justice and Court Services Act to declare if they are disqualified from working with children. Referral if concerns about child protection are disclosed by the learner Young people and vulnerable adults may disclose confidential information to a work colleague that gives rise to concern for their physical or emotional safety. The guidelines below cover this scenario, however it is vital that the College is advised as soon as possible of an such concerns, so the course lecturer should be contacted immediately. Aide Mémoire if a learner discloses such information to you: -

Listen non-judgmentally

Ask open ended questions to clarify but do not investigate

Do not promise confidentiality – explain you may need to talk to someone immediately

Reassure the learner, but avoid unnecessary contact

Inform the designated member of staff about your concerns immediately Then…

Record what the learner said using their own words

Note the context, time and date on your records and sign it

Avoid judgments and opinions

Seek advice as to what to do next from the designated member of staff

Maintain contact with the learner for reassurance

Be professional. Do not discuss the matter openly.

Appendix 4 (contd)


Further information for employers who may be considering employing young people (Source http://www.gov.uk)

Introduction

If you want to employ young people - and in some cases this means anybody up to the age of 25 - you need to be aware of your legal responsibilities.

To protect the health and welfare of young people there are strict laws governing their employment.

To ensure young people receive the best opportunities there are laws governing their training and education - as well as voluntary and financial schemes from which your business could benefit.

This guide provides an overview of the law relating to young workers at different stages of their lives.

Further information for employers who may be considering employing young people (Source www.gov.uk)

Employing young people

Workers aged 16 and 17: the rules

If workers are over the minimum school-leaving age but under 18, they must not work for more

than eight hours a day or 40 hours a week. These hours worked cannot be averaged out and

there is no opt-out available. If you employ anybody in this age group you must also give them:

a break of 30 minutes every four-and-a-half hours worked

a rest period of 12 hours between each working day

two days off a week

Young workers may not ordinarily work at night between 22.00 and 06.00.

All 16 and 17-year-olds who are above compulsory school leaving age are entitled to a National

Minimum Wage (NMW) of £3.72 an hour (from 1 October 2013). Apprentices under 19 are

exempt from the NMW. However, all employed apprentices funded by the Skills Funding Agency

(SFA) in England must receive a minimum income of £2.68 per hour.

Risk assessments

You must carry out, or review, a risk assessment, paying attention to the health and safety

implications of employing young people. Consider their immaturity as well as their inexperience

when you do this.

Under-18s may be employed in certain dangerous environments only if it is necessary for their

training, and they are supervised and the risks are minimised.

Training

Appendix 5

http://www.gov.uk/

http://www.gov.uk/


If you take on an employee aged 16 or 17 who has not achieved a certain standard in their

education, they may be entitled to paid time off for study or training. Your business may be

entitled to financial help toward the cost of this.

You can take on an employee up to the age of 24 under the apprenticeship programme or one of

your employees can join the programme.

Young employees who believe they have suffered a detriment because of requesting time off for

training or have been refused it may complain to an employment tribunal.

Redundancy

Age legislation removes the age limits on redundancy pay.

Employing young people

Young workers over 18: the rules

You may still have special responsibilities to young workers, even when they are over the age of

18.

National Minimum Wage

At 18, most workers should be paid at least the National Minimum Wage (NMW), which is:

£5.03 per hour for people aged 18 to 20 inclusive (from 1 October 2013)

£6.31 per hour for those aged 21 and over (from 1 October 2013)

From 1 October 2013 the adult rate of NMW will apply to those aged 21. All employed

apprentices who are funded by the Skills Funding Agency (SFA) must receive a minimum income

of £96.48 per week for 36 hours work.

Working Hours

In general, workers aged 18 and over are entitled to:

5.6 weeks' holiday a year

work no more than six days out of every seven, or 12 out of every 14

take a 20-minute break if they work more than six hours at a stretch

work a maximum 48-hour average week

Grants

If you are employing an apprentice 16-24 for the first time you may be eligible for the National

Apprenticeship Grant for Employers (AGE 16-24) of £1500. There are also other grants available

for 16-18 depending on area.


Diplomas for 14 to 19-year-olds

It has been recognised that equipping young people with core skills and strong qualifications is vital for their own success, and for the long-term success of the economy.

One of the most significant recent developments for employers is the introduction of Functional Skills in all qualification routes for 14 to 19 year olds. The reforms are designed to make qualifications more versatile, and will enable young people to develop the skills that employers are looking for.

The reforms also introduced the Diploma qualification for 14 to 19 year olds. The Diploma offers young people a more practical, hands-on way of gaining the essential skills employers and universities look for.

Designed in partnership with employers and universities, the Diploma involves practical experience as well as classroom learning. It's a combination aimed at encouraging students to develop work-relevant skills - along with their abilities in English, maths and ICT - in a creative and enjoyable way.

Ultimately, the Diploma will cover 17 subject areas, including engineering, IT, science and humanities. Ten Diploma disciplines are currently available at selected schools and colleges across the country:

construction and the built environment

creative and media

engineering

information technology

society, health and development

environmental and land-based design

manufacturing and product design

hair and beauty studies

business administration and finance

hospitality

What it means for employers

The Diploma has been developed with employers to help meet the needs of businesses. Diploma students will be better prepared, and more knowledgeable about the world of work, with the universal practical skills that all employers seek, such as how to think creatively, problem-solve, communicate, work independently, and how to work as part of a team.

Employers benefit from better-qualified recruits who have a practical understanding of a work environment in addition to essential skills in English, maths and ICT.


Apprenticeships are a job with training. The frameworks that apprenticeships follow are designed around the needs of employers and lead to nationally recognised qualifications. It's not surprising that more than 130,000 businesses in England use apprenticeships as a means of training their workforce, when research reveals that UK businesses consider skills shortages to be a real threat to performance.

Apprenticeships are a mixture of on and off-the-job training. They enable you to train your workforce with the skills you need - both now and in the future - ensuring their knowledge is up to date and the practical skills they learn on the job are those that are right for your business.

Apprenticeships business benefits include:

new recruits in a wide range of areas, from business administration and customer service, to specialist skills like engineering

the development of necessary skills - as each apprenticeship is developed and created by business, for business, they are specifically designed to meet your current business needs

improved competitiveness by helping businesses to cut costs - hiring an apprentice is more cost effective than hiring skilled staff

staff loyalty - as apprentices tend to be eager, motivated, flexible and loyal to the company that invested in them

There are over 190 apprenticeships job roles to choose from in industry sectors that include:

agriculture, horticulture and animal care

arts, media and publishing

business, administration and law

construction, planning and the built environment

education and training

engineering and manufacturing technologies

health, public services and care

information and communication technology

leisure, travel and tourism

retail and commercial enterprise

Apprenticeships can take between one and four years to complete depending on the level, the apprentices' ability and the industry sector.

For more information about Apprenticeships, including for workers aged 19 and over, contact Nescot’s Employer Services team on 020 8394 8400


Work Placement – Preparation of Learner (DDA Disability Discrimination Act – checklist Complete this checklist for those Learners going out on work placement and eligible under Disability Discrimination Act.

Placement Name:

Learner Name:

Completed by:

Department/date:

Placement requirements Completed

Discuss with the Learner their skills and capabilities

Discuss with the Learner their preferences – the kind of work they are interested in

Discuss the location of the placement and any travel problems/access issues that may be presented

Discuss the Learners expectations

Discuss the possible work demands and any Learners concerns

Discuss with the Learner any adjustments that may be required whilst on work placement

Discuss with the Learner any health and safety considerations

Discuss with the Learner disclosure of disability and the possible health and safety effects of non-disclosure

Discuss with the Learner any concerns they may have in relation to racial discrimination in the work place

Appendix 6

work experience policy 2013-14 - nescot · 1.4 make the placement provider (employer) and work...

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