Legal, ethical and professional practise in social care

Introduction to legal, ethical and professional practise in social care INTRODUCTION 3 MAIN BODY3 The important legal and ethical issues related to the case study 3 Examination of ethical theories and legislation and outline ofhow social welfare worker Respond 4 CONCLUSION 7 REFRENCES8 INTRODUCTION Social care workers are those who stand or take steps for human rights as well justice and give voice to unheardormarginalized population. Below mention are the legal problem involved in the given case study :- Task given to Sarah by

Introduction to legal, ethical
and professional practise in
social care

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
The important legal and ethical issues related to the case study............................................3
Examination of ethical theories and legislation and outline of how social welfare worker
Respond..................................................................................................................................4
CONCLUSION................................................................................................................................7
REFRENCES...................................................................................................................................8

INTRODUCTION
Social care workers are those who stand or take steps for human rights as well justice and
give voice to unheard or marginalized population. Mainly Social care workers contribute for
better individual livings and work for improving entire society (Cameron and et.al., 2014). They
are employed by non-profit, government and other private practices. This assignment is based
on the case study of Social care worker who is witness for situation of superior and staff member
Sarah. It is going to discuss the importance of legal and ethical issues relevant to the case of
Sarah. Along with this, ethical theories and legislation as well respond of Social care worker
towards Sarah will discussed in project.
MAIN BODY
The important legal and ethical issues related to the case study
Legal issue or issue of law is a legal question that is related to the basis of any case. For
solving legal problem there is requirement of discussing it in court and judge will give their
decision (Legal Issue Law and Legal Definition, 2016). Move rover, it can refer as a factor on
which the evidence is undisputed, the result of which depends on the court's interpretation of the
rules and legislation. In the case of Sarah and their supervisor several legal issues held which
must be taken seriously and resolved. Below mention are the legal problem involved in the given
case study :-
 Task given to Sarah by their supervisor are such which cannot be done by her and he
continuously monitor each and every activity of Sarah. At the time when instructions are
given to Sarah to take two service users on outing then she reply that there is requirement
of 1-1 staff members for doing this complex task as well as instance of difficult
behaviour. Move rover, supervisor ignore or refuse concern of Sarah. In this legal issues
is that, in organisation task must be given to employees according to their capabilities and
each as well as every staff member have right to give their points related to particular
situation. Thus, it is responsibility of supervisor not to pressurise Sarah to such task for
them she is not capable. Along with this, he must have to take views of every employee
while assigning them any work it is not related to Sarah. For identifying that they are
capable of doing it or not.

 When Sarah is saying that task is hard and she need 1-1 employees for doing that
particular work. At this time, supervisor dismisses or ignore Sarah's concern and tell her
to do job somewhere else if she is not capable of doing it. In legal term without warning
or notice period no one can fire staff member from their post in the organisation. Thus,
before giving such statement to find job somewhere else supervisor of Sarah should have
to give her notice because no one can fire employees without giving chance to improve.
Apart from this, there are some ethical issues also involved in the respective case. An
issue, situation or problem which needed a person or organisation to select within alternatives
that should be evaluated as ethical (right) and unethical (Wrong) (Fortney and et.al., 2013).
Below mention are some ethical issues involved in the case of Sarah and their supervisor :-
 One of the major ethical issue is supervisor of Sarah shouting on her as well as
pressurising to do such work alone which is beyond her capabilities. This problem come
under harassment because it is generally behaviour understanding as that normal,
humiliates as well as upset an individual, and it is characteristically identified by its
unlikelihood in relation to the social and moral responsibilities. In the term of legal it is
the behaviour which rise for upsetting, disturbing and threatening others results in human
harassment. Thus, supervisor have to take care not to shout on Sarah or any other staff
members working with them.
 Another ethical issue is that, Supervisor have to see family background of Sarah before
doing such miss behave with her and telling her to see job somewhere else. Because in
term of ethics it is an issue that how she will manage daily requirement of her 5
Children's after loosing job and she is the only parent.
Above mention are the ethical and legal issues in the case of Sarah and their supervisor
and their witness is one Social care workers (Griffiths & et. al., 2012). All these are unethical as
well illegal activities in the eyes of law related to this Social care worker can take action because
she is witness.
Examination of ethical theories and legislation and outline of how social welfare worker
Respond
Utilitarianism or consequences based ethical theory – This is designed by David Hume,
Jeremy Bentham, John Stuart Mill as well other within 18th and 19th centuries (Healy, 2014). It is
based on the one's capability of predicting the consequences of an action or activity. As per the

doctrine, such actions must be selected which give benefits to the several people because it will
be ethically correct. Apart from this there are two kind of Utilitarianism i.e., act utilitarianism
and rule utilitarianism. These are as follows :-
 Act Utilitarianism – It is the one who Subscribes exactly to the definition of doctrine—a
individual performs such activities or acts which is advantageous as well as beneficial for
several peoples, without involving of own feelings or the societal restriction like laws and
legislations.
 Rule Utilitarianism - Rule doctrine take actions by involving laws as well as fairness into
account the law must be related to fairness (Knox and Pinch, 2014). As well as they want
to beneficial for most of the person by doing fair practices and most just means available.
Therefore, added benefits of rule utilitarianism are that it values justice and involves
benefits on the same time.
In the case of Sarah and their supervisor Utilitarianism theory can be implemented
because superior have to take such action which must be beneficial for respective women instead
giving her hard task for which she is not capable. If Superiors will fire Sarah then it become
difficult for her to take care of 5 Children's because she is the only parent. move rover, act
utilitarianism is best because there is requirement of taking such actions which will be beneficial
for Sarah without considering any law. Ethical theory says that such practices must be done that
will be advantageous or beneficial for numerous people. In this situation, Social care worker can
talk to supervisor of Sarah and explain them ethical theory and tell to do such activities which
will be beneficial for her as well as not give such statement to search job anywhere else.
Notice period – It is important that both employers as well employees have to appropriate
knowledge of their rights and obligations related to notice period at the time of ending relation
(Notice periods, 2018). When there is no contractual agreement then there will be statutory
minimum notice period :-
 1 week notice - This is type of notice period which should be given by employers to their
employees who are continuously employed within 1 month and 2 years.
 2 weeks notice – Notice period of 2 week is given to such employees by their employers
who had work for at-least 2 years in the organisation (Reamer, 2013).
 More than 2 weeks notice - the worker should get an extra week's notice for each and
every further year of continuous working up to a maximal of 12 weeks (Mullick, Martin

& Sallnow, 2013). For instance, an staff member who is working in the organisation for
continuous 3 ½ years must receive an notice period of minimum 3 weeks.
 No notice – There are several employees to who right of serving notice period is not
given in the eyes of law but reasonable notice must be given (respective notice normally
based on an staff members pay period of time, so one week's notice if paid weekly) (Ni &
Van Wart, 2015). Such employees are those has been hired for less than one month,
Crown servants as well as Seamen under a crew agreement on a UK registered ship.
According to the case of Sarah it is necessary that her superior have to give them notice
period before telling to find job somewhere else. Because without giving notice no employers
can terminate their staff members same as in the case of Sarah also. If notice period will be given
to her then she will find job somewhere else and fulfil daily needs of her 5 children. Hence, it is
important in the eyes of law as well as ethically also to take such decisions which will be
beneficial for both company and employees. Apart from this, social care can present this case in
the court so decisions will be given by judge as well as time to Sarah for finding new job.
Protection from harassment Act 1997 – This act of Parliament of the United Kingdom
and given on the introducing the Bill's Second reading in the House of Lords (Parker, 2017).
Aim of this bill is to protect Victims of harassment as well this act will protect all the victims
such as stalking behaviour, racial harassment and anti-social by neighbour. Thus, in the case of
Sarah and their supervisor should not have to shout or talk loudly to her as well as cannot
pressure for such activities which are out of the capabilities of doing. Because as per the
protection from harassment act 1997, all such activities come under harassment and against
which legal action can be taken in case victim sue. But Sarah is afraid of loosing her job because
of that she is not telling to anyone but after asking by social care worker she told overall story to
her. In this situation major action can be only taken by Social care worker she can inform in
police station or themselves can take action against it because she have right of doing all these
things.
Hence, in this case of Sarah Social care worker can take against their supervisor by
giving them information about legal acts and regulation. As well can sue also because Social care
worker is witness and work for welfare of people.

CONCLUSION
From the above discussion it has been concluded that while working in organisation
several issues may rise which can be legal as well as ethical also. It is the duty of companies
supervisor to implement all the rules, regulation and laws given by the government of United
Kingdom. So that, daily activities can be manage in significant manner as well as it is duty of
every staff member's along with supervisor and manager to take care of individual behaviour
towards each other. Apart from this, individual who is witness such as in the case of Sarah Social
care worker is can take action and give justice to suffering person. As well as Social care
workers are the one who have authority to take decisions as well taking case in the court.

REFRENCES
Books and Journal