Type: Process Essays
Sample donated: Patti Herrera
Last updated: June 17, 2019
In this report I will provide anoverview of all the considerations in terms of how they could affect my jobrole activities or the activities of my workplace.
3.1 Describelegal considerations of professional practice · Data Protection There are specific rules that mustlegally be followed in terms of data protection. Specifically, for marketingpurposes you may hold customer names and addresses along with other sensitiveinformation such as; contact information, employment history, medicalconditions, convictions and credit history. This information must legally be”secure, accurate and up to date.” However, the collection of personal data isnot limited to customers, records of employees will also need to be held onfile.There are also rules regarding thecollection of this information that must be followed. When collecting personal data, youmust tell the person who you are, what the information you are collecting willbe used for as well as making them aware that they have the right to see theinformation and amend it if it is incorrect.
Along with this you must make themaware if you are going to pass the information on to any third parties. There are also data protection lawsthat will require businesses to provide details of how the personal data willbe used and handled. The professional body that enforces this is the ICO(Information Commissioners Office) Anyone can make a data protection request andthese requests must be responded to within 40 days. Whoever makes the requesthas the right to know: “what information is being usedwhy it’s being usedwhere it came fromwho can see the information?”This information must be sent as apaper copy except for if an email request is made and if the person requestingagrees to receive the information via email. They also must be able tounderstand the information they have been given. Any misuse of personal and sensitivedata could be met with a fine or being ordered to pay compensation. · Health and Safety There are a few different health andsafety acts that cover various aspects of health and safety.· The Health andSafety at work act (HSWA) 1974 Thisis legally required to be practiced by employers to ensure employees and thehealth and safety of others is maintained.
If the company has five or moreemployees there must be a written health and safety policy statement,Flightcase Warehouse has more than five employees and will have this. · Management ofHealth and Safety at work Regulations (MHSWR) 1999Thisact requires employers to write risk assessments on anything that may be deemeda risk, this is to minimise the dangers in the workplace. The risk assessmentis used to see what hazards are in the workplace, how dangerous they are, putin place controls to minimise the risk and outline a plan. Similarly,to the HSWA if the company has more than 5 employees the risk assessment mustidentify which group of employees are most at risk. This also requires”competent people” be put in place to set up emergency procedures as well asgive employees information and work alongside them as every employee isrequired to report dangerous situations and potential risks and hazards.· Hierarchy ofcontrol The law requires employers to reducerisks using the “Hierarchy of controls” This is as follows:1. Eliminate the risk entirely2.
When it is not possible to eliminate the riskentirely the activity should be made as safe as possible.3. If it is not possible to make the task any lessdangerous the work should be redesigned to reduce the risk.4.
If the work cannot be redesigned within reasonremove the exposure to risk for the people at risk5. Training should be given as well as otherprotective measures such as PPE · The Reporting of Injuries,Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 This act requires that incidents thatresult in death, major injury or absence from work for more than 3 days arereported to the incident contact centre. It also covers incidents that involvea member of the public aa well as violent incidents that result in injury, butit does not cover verbal abuse or threats. · SafetyRepresentatives and Safety Committees Regulations 1977 Within every workplace there should bea safety representative nominated by trade unions that represents all staff oneverything to do with health and safety.
Staff should talk to the health andsafety representative regarding any issues to do with health and safety andthey can then take these issues further if they have any concerns. Legally theycan:· Raise complaintswith management · Consider hazardsand complaints · Inspect theworkplace · Consider anyaccidents or incidents that have occurred · Get informationfrom employers and inspectors to help them carry out their role.· Insist that ahealth and safety committee is set up Employers must also inform employeesof all matters regarding their health and safety.
These are the main health and safetyacts that affect my workplace. · Computer Misuse There are many things that can becounted as computer misuse some of them are as follows; · Hacking Hacking is where security is breachedby a person using malicious methods to access data on another person’scomputer. Hackers can target anyone and for any reason, so it is best to besafe where possible online and use reliable sites and have some sort ofsecurity program installed. · Data misuse andunauthorised transfer or copyingThe transfer of data digitally is veryfast, and this makes it very easy for data to be stolen or transferred withoutany sort of permissions. This is illegal as the data may be copyrighted andthis would be stealing.· Copying anddistributing copyrighted software, music and film This would likely not apply in myworkplace but the copying and distribution of medias such as movies and musicare a breach of copyright which is against the law.· Email and chatroom abuseIt is well known that people’sidentity online may not be what it seems, and this causes problems like email spamand deception. This medium is used widely to spread the word about legal andillegal products and services.
· Pornography In recent times it is frequentlybought to light that some choose to look at indecent material online duringwork and this material may show illegal acts and should not be viewed anywhere.It is also prosecutable if people are found to be in possession of thismaterial.· Identity andfinancial abuseThis is the misuse of people’sinformation and financial details to commit fraudulent crimes. This can be fromseemingly legitimate people that can steal information to people attempting tocreate counterfeit money.
· Viruses Viruses are just programs that areused to cause damage to computers or hinder the user. · Copyright and intellectual property Copyright and intellectual propertycan both be treated as assets or as physical property of a company.Intellectual property being an overall term for; copyright, trademarks, designrights and patents.· Copyright Copyright is any works that exist aswritten, artistic, musical and dramatic work and covers movies sound recordingsand typography (Logos).
It gives the owner / creator full control of the workand stops unauthorised used. If a piece is used the creator can take legalaction. · Trademarks Trademarks can be; names, words,slogans, designs, symbols or anything else that is unique and can be used toidentify a product or company. Trademarks must be registered and can takeseveral months to process. Generally registering a trademark onlycounts in the country that it is registered in this may be a problem for largerbusinesses or a business looking to expand. The solution to this is a companycalled WIPO (World International Property Organisation) they have somethingcalled the Madrid International trademark system which means any trademark canbe covered anywhere in the world. · Design rights Design rights must be registered thesame as copyright and trademarks and it will be the creator who has the rightsto the design unless the design is commissioned.
The rights work most likecopyright and can be sold or transferred. · Patents Patents cover processes and inventionsrather than works and stop people using them. Patents give the creatorexclusive rights and can take up to 2-3 years to be given the rights. 3.
2 Describe ethical considerations of professional practice (Privacy, use of personaland financial information, security, copyright, product descriptions etc.)Within my role at theFlightcase Warehouse I must handle customers personal details from time to time,when doing this I have to consider what I am doing with it as the details areconfidential and cannot be misused in any way. Similarly, with copyright I mustuse copyrighted material on occasion and can’t break any laws or legislationswhen doing so. 3.3 Describe how quality management affects own job role (Systems, policies,practices, documentation etc.) Quality management within abusiness affects not only the business itself but each individual employee andjob role. Without good quality systems to use I could not manage our websitefully meaning that it would not be as good as it could, it would also stop mefrom helping with sales by taking orders and payments.
Policies are in place toguide and without good policies there would be very little guidance within myrole as I am a new role within the company internally as Flightcase Warehouseonly has an external marketing team and myself at present. Documentation is keyfor what I do as I always need to refer to previous work and content that Ihave created such as photos and images created. 3.
4 Identify conflicts of interest which can arise from own jobrole 4.1 Explainthe differences between types of employment status There are different ways to be employed, a few are; sole traderfreelancercompany owner employee apprentice Sole trader Job Security. Job security for a sole trader is all down to the individual, how businessis going and if what they are providing is required. A lot of sole traders havetimes where they make very little to no money, so this type of employment isn’talways completely secure. Tax arrangements. HMRC must be notified if you are self-employed and then the sole tradermust complete a self-assessment tax return each year as well as paying nationalinsurance contributions and income tax on any profit that is made.
If the soletrader also expects to be making over £85,000 (since April 2017) in a year theymust register for VAT. Employment rights.Employment law doesn’talways cover sole traders or people who are self-employed because they work forthemselves and are their own boss.
They are however still protected by Healthand Safety and Discrimination Acts, but the rights and responsibilities of someonewho is self-employed are set out by contracts with clients.Working patterns and flexibility. Being a sole trader means that you work for yourself in a business set upby you. This means you can decide when you work; the days and times as well as choosewhen you have holiday and how much your services are worth. This type ofemployment gives the most control over your working patterns and flexibility. Freelancer Job Security. Being freelance is like being a sole trader in the fact you work for yourself.Freelancers provide a service to a company either long or short term withoutbeing an employee.
Tax arrangements. Freelancers can manage their tax themselves but depending on how much theymake they may also be required to pay through HMRC. (More detail to be added) Employment rights.Employment law doesn’tcover freelancers because they work for themselves and are their own boss.Meaning they don’t get sick leave, maternity pay or a pension scheme. However,like the rights of a sole trader they are covered by health and safety and mustnot be discriminated against and they must be paid for any work that they havedone.
Working patterns and flexibility. Freelancers are very like sole traders in the fact that they choose whenthey work and how much their services are worth. The difference between the twoIs that freelancers are employed by another person to do a job they don’tdirectly run their own business. This option allows flexibility and controlwhilst also being more secure than being a sole trader.
Company owner Job Security. A company owner has a huge amount of control meaning that the harder theywork the more definite it is that they will do well (excluding circumstancesout of their control) meaning that if work is done and the business runssmoothly this may be the most secure type of employment. Tax arrangements. Companies of any size are going to have to pay a wide variety of taxesincluding; Corporation tax Value Added Tax or VAT National Insurance PAYE Stamp Duty Corporation tax is the tax on a company’s taxable income and profits. Thecompany must calculate their own tax liability and must pay this on a due dateevery year that is determined by the profits earned. VAT must be registered for by a business after they reach a turnover ofover £85,000 (since April 2017) in a year. It Is paid quarterly based on salesand purchases. National Insurance must be paid by the employer and the employee so as acompany owner you must pay twice as even though you work for yourself you wouldbe classed as an employee of the business but also an employer.
PAYE or Pay as you earn is a scheme that is run by HMRC to take income taxas employees of the company earn. Sole traders do not have to pay this. But asa company owner you are still seen as an employee and therefore you must paythis too.
Stamp duty is tax that is paid if you rent premises for your company sobecause of this it is a tax that only really applies if you are a companyowner. It also applies when you sell or buy land. Employment rights. Company owners have the same rights as normal employees this includes; Sick pay Maternity, Paternity and adoption leave Notice periods Protection against discrimination and unfair dismissal The right to request flexible working Time off in emergencies Redundancy pays.
Working patterns and flexibility. Being a company owner means that you run a business from day to day andmost likely employ other staff to aid in the running of the business. Owning acompany gives you control of what you do but is a lot of responsibility.
Mostcompany owners will play a big part of running a business and this makes itlike standard employment in a way, as a company owner will likely still have towork Monday to Friday, nine till five. Employee Job Security. Standard employment is the most secure type of employment as it is a day today job usually from nine till five and is paid on a regular basis. Employeescan be made redundant however, so this is the only real threat to the securityof the job. Tax arrangements. Employees must pay an income tax and a national insurance contribution ifthey earn over £157 a week.
Employment rights. Like a company owner their rights are; Sick pay Maternity, Paternity and adoption leave Notice periods Protection against discrimination and unfair dismissal The right to request flexible working Time off in emergencies Redundancy pays. Working patterns and flexibility. An employee is just a normal worker hired to do a specific job, mostusually work nine till 5 Monday to Friday and have weekends off (depending onthe job as retail employees may have to work weekends.
) this is the most commontype of employment. Apprentice Job Security. An apprenticeship usually lasts around a year and is a secure type ofemployment if the employer, apprentice and training provider are happy with theway things are working there shouldn’t be any problems. After an apprenticeshipends a position may be available to the apprentice to stay on with the company.
Tax arrangements. Tax for an apprenticeship wage varies as national apprentice minimum wageis £3.50 which means that they would not have to pay national insurancecontributions but would still have to pay income tax if they earn over £11,500.
Employment rights. Apprentice rights are the same as a normal employee and company owner butoften must accrue holiday as they will be new within the company. Working patterns and flexibility. An apprentice is like an employee however they are usually payed apprenticeminimum wage and they must attend college or training as it is mandatory tocomplete the apprenticeship. Other than that, they are usually the same asevery other employee.
4.2 Explaincareer progression pathways in digital marketing(Promotion, job roles, freelance, owncompany etc.)Currently I am a digital marketingapprentice at. Within this path I would like to become a Marketing manager ordirector which would give me a lot more experience as it is more involved thanwhat I do right now and is a lot more responsibility I think this would developmy skills in marketing even further.
I have also explored other marketingroles such as;· Marketresearchers · Direct marketingexecutives · Digital marketingexecutives These are all roles that I couldnaturally progress into from where I am currently as they are similar but morespecific than what I do now. As for other jobs that I could getbecause of my apprenticeship and the experience I will have gained, I believe Icould move on to marketing in other companies or agencies, as well as possiblystarting my own marketing business. 4.3 Describesources of support for career progression in digital marketing(Business link and start uporganisations, careers services, employment agencies, information etc.) I will need the support of myapprenticeship and the skills, knowledge and experience that this will give me,as well as extra support from learning skills that are relevant to my role. Iam on a photography course. In the future, I hope to be more in control of thecompany’s social media platforms as well as writing blogs and developingcampaigns.
I think as the task becomes more prevalent that I should look forextra training to be able to do it to the best of my ability.