Gareth is a care worker in a residential care setting, he is a person with sexual preferences, and because of this, some people do not wish for any more of his assistance.
1) What are Gareth’s rights in this situation?
Gareth is to take positive action and should firstly report the incidents of discrimination to his manager, talk to the manager and try to sort out the problem informally following the law on preventing discrimination at work, the manager has the legal duty and responsibility for someone else’s unlawful discrimination, harassment or victimisation within the work place. Equalities act legislation is in place to protect the rights of individuals and promote equality to all. If Gareth felt no positive outcome then he can maintain advice from the union to help seek equal treatment, citizen advice bureaux, the law centre and voluntary advice organisation or government web site.
2) What are the rights of the residents?
Residents have the rights to decline personal care from anyone they do not feel comfortable with, the resident also needs to be aware, they may need assistance from Gareth, due to a fall or the emergence services needing Gareth’s assistance, then Gareth, will have a duty of care to follow the legislation, regarding the safety and wellbeing of the resident. Gareth may also be on duty where minimum staff is required and therefore the service user might be programmed in on Gareth’s rota, but the service user will have the choice to receive care from another care provider.
3) How could the management approach the Client?
The management should hold a meeting asking the resident and Gareth to attend. Enable the service user to develop confidents to speak out, they should all Sit and talk at eye level, the service user then voicing their concerns regarding the staff member. Listening to the resident’s opinion, Showing empathy, and being non-judgement, this will raise awareness of individual’s differences; Gareth may then express his own...