Tuesday 19 May 2015

Contractual, legal and ethical letter



Paragraph 1: introduction & contracts 

To whom it may concern, 

I am writing to you to point out and make clear the contractual, legal and ethical issues with your job advertisement, i do not wish to apply for this position instead i am going to point out the errors within  your advert in anticipation that you will acknowledge them and change them. A contract of employment are legal agreements which relate to your own terms of employment, they will contain items such as 'what you job title and role are within the company ' Also your contracted hours within the working week'  and 'what payment you will receive your annual salary and holiday entitlement ' Confidentiality clauses  your contract of employment should be stored in a safe and secure place and only accessible to those who 
have permission to access it..

The Equality Act (2010) is the legalisation enforced to ensure everyone under employment has an equal opportunity to work. This legalisation looks at the discrimination on the grounds of race, gender and age. This can be a major issue that can effect individuals under employment. This legalisation will look at creating equality within the work place and ensuring everyone has an equal right to work. Therefore under the "Equality Act (2010)" every individual has equal rights to be employed in any work based environment. Looking at other legislations such as " race relations act 1976" and the " disability discrimination act 1995 these have been taken into consideration to create the equality act which enforces all of these policies and requirements to be followed.

However in relation to the job advertisement a few issues regarding equality are noticeable. Within the job requirements it mentions a specific age requirement that must be followed to obtain the job descriptions requirements. Within the job description it states that male and female occupants must be under the age of 30. This therefore discriminates against the 'equality act 2010' as it looks at a specific age and does not offer equality. Also within the job advertisement it looks at the different religious views of individuals stating that the job requirements look just at the Christian religious belief. This also discormiates against the legalisation and does not show equality.

This job advertisement looks at working within a school with young children producing a video documentary on the 'no means no date rape campaign'. In the following job description it lists ways to help engage school children to make them feel more comfortable discussing previous experiences and issues around that subject. This will be linked to the health and safety of the employer and the school children. The health and safety act ensures that the employer and employees are kept protected. Working with school children this may potentially propose the chances of risk of the employee. Enforcing reinactments and dramatisations in front of children may cause a risk to the child and the employee. This can anger the children and cause them to react and can also bring back memories of previous experiences which can lead to psychological problems of the child. 'The employers liability act 1969'. Ensures that a minimal level of insurance is there to cover the employee or any potential risks at work or risks towards any other individuals in the working environment.

This job advertisement being placed in a school will ensure that a dated CRB check for the employee is undertaken so that they are deemed efficient and safe to work alongside children and young people. This is a legal requirement tat must be undertaken to ensure the safety of the children as well as the protection of the employee. This job wil require a lot of trust as it entails talking to young children about a very serious subject. 

There are many ethical issues that this job can portray. These are issues such as representation and codes of practice. Representation is the way in which people are represented in the media. This can show the way in which the audience judge a certain individual on what they have to say in front of a camera. The media can portray an individual to look like a bad person and influence the way that the public eye will see them. This job entails working with children in a school recording them to have their opinion and share experience on the no mean no date rape campaign. Within the job advertisement it looks at how to engage the children to share experiences and for the employee to use reenactments and dramatization to engage the child to share more in depth experiences and thoughts. This can portray the child to have to says things they don't want to say. Therefore this will portray the way the children are seen in the documentary. 

Social concerns can arise from the children within the school. In the following. Job description it clearly states that children will be recorded and will be reinforced to make opinions on their previous experiences. In my opinion I feel that this would ensure that the children are very uncomfortable and worried or express thoughts and opinions. This can lead to many social concerns for the children. The media can favor or reject a child and make them out to look bad and can reflect the way that the older generation or target audience view that age group. This job advertisement is inappropriate in the way it encourages the employee to enforce reenactments which will be uncomfortable for the child. This can lead to further social issues such as bullying and neglection of children, due to some children not wanting to share experiences and feeling vulnerable around others.


Ofcom clearly states in section one of protecting the under eighteens that the material that is shown cannot be something that might seriously impair the physical, mental or moral development of people under 18 and cannot be broadcasted, the fact that you want to film a documentary about rape is not fitting with these regulations, people who have been affected by these topics could trigger them mentally and would therefore not be appropriate to broadcast on TV. Ofcom regulates under certain acts one of them including the Communications Act 2003 which replaces the telecommunications act 1984 basically making sure everything that is shown on TV and the internet fits rules. 

The Obscene Publications Act 1959 applies to television and covers material which is obscene, whether it is in a person's possession or it is published or broadcast. The definition of obscene is "likely to deprave and corrupt" the audience for which it is intended and includes not only sexually explicit material but material relating to violence and drug taking,this once again does not comply with the No date rape campaign you wanted to film, you asked for re-enactments with if they are complying with rape would not be appropriate as they would contain sexual nature.

the BBFC official rating for the documentary would most likely be 15 or 18 as it will potray sexual activities but not enough for it to be rated an 18 depending on the nature of the re-enactments, it will also contain dangerous behavior such as talk of suicide or depression or any other mental illnesses which can't be in much detail otherwise it will be rated as an 18 and therefore many children who attend high school wont be able to watch.                                                            
Intellectual Property results from the expression of an idea so basically if you invent or create something it allows you to own the work that you create, the internet has made it a huge issue because of the unauthorized use of copyright material on YouTube and other streaming sites, you wanted to use a popular music soundtrack in the documentary but this will be un available unless it is copy right free music because a popular music sound track will most likely be protected and you cannot risk infringement and a legal dispute.  


1 comment:

  1. Lois,

    Are you aware that one of your sentences starts, "this can potato the way"?

    You have made a good start here and you have identified the issues within the job advert whilst also stating why they are wrong. You now need to add that further detail by quoting from both the job itself (where it is unlawful / unethical) and then quoting from legislation, regulatory guidelines etc.

    Your bit on contracts needs a little work too; I think you have gotten data protection and confidentiality clauses mixed up. You can mention exclusivity clauses though.

    Ellie

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