T Levels

Unit 4
Workbook 4.1
Legislation
and
Regulatory
Requirement
s
1
Name:……………………………………………………………….

Teachers:……………………………………………………………

Content

4.1.1 Health and safety when working with computers:

● display screen regulations
● general working environment
● possible risks and prevention.
4.1.2 Data Protection Act:
● the principles of the act
● General Data Protection Regulations (GDPR)
● marketing consent
● the rights of the data subject
● enforcement.
4.1.3 Computer Misuse Act:
● the principles of the act
● consequences (company and employee)
● employee awareness.
4.1.4 Equality Act:
● types of discrimination (protected characteristics)
● where individuals are protected
● when to take action against discrimination.
● how individuals can be discriminated against (direct, indirect, harassment and victimisation).
4.1.5 Intellectual Property Act:
● unregistered designs
● registered designs
● patents.
Lesson 1 Health and Safety

Learning objectives

• Understand the importance of health and safety within an organisation

• Identify risks and preventions within the workplace
• Understand display screen regulations and general working environments

Starter Task – Identify All Health and Safety Hazards

Q1:Identify Four Risks to your Health When Using ICT and Methods to Prevent Them

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Q2: Identify Four Risks to your Physical Safety When Using ICT and Methods to Prevent Them
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What is Health and Safety?

 The Health and Safety at Work Act 1974 (HASAWA)

 The first piece of legislation is the Health and Safety at Work Act 1974 (HASAWA), this Act
sets out guidelines for safe working practices which then enables businesses to set out
their own working practices in line with these.

The three main objectives of the Act are:

 Securing the health, safety and welfare of persons at work;
 Protecting anyone within the premises even if they do not work for the business; and
 Controlling the keeping and use of explosive or highly flammable or otherwise dangerous
substances, including general possession or acquisition of them;

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Health and Safety At Work Act 1974

 The Health and Safety at Work etc. Act 1974 is the primary piece of legislation covering
occupational health and safety in Great Britain. It's sometimes referred to as HSWA, the
HSW Act, the 1974 Act or HASAWA.
 It sets out the general duties which:
 employers have towards employees and members of the public
 employees have to themselves and to each other
 certain self-employed have towards themselves and others

Key Facts

 The Health and Safety at Work, etc. Act 1974 (HSWA) is the primary piece of legislation
covering the main principles of health and safety.
 HSWA aims to prevent the risk of injury rather than the injury itself. Therefore, a criminal
offence is committed each time the terms of the Act are breached, regardless of whether or
not anyone is actually injured by the breach. 
  Under the Act, employers have a general duty to ensure the health, safety and welfare of
their employees. 
 HSWA imposes a duty on people who are in charge of premises which carry out a trade,
business or other undertaking (whether for profit or not) to use the best possible means to
prevent the emission of noxious or offensive substances, and to render those substances
harmless and inoffensive.
 If five or more people are employed, employers must have a written health and safety
policy. 
 Employers must ensure that articles or substances used at work are safe and that they do
not expose the users to health risks. 
 Employees must ensure their own health and safety and that of others while at work and
co-operate with their employers in matters relating to health and safety. 
 Issues of enforcement, the powers of inspectors, etc. are detailed in HSWA. 
 Directors and managers also have health and safety duties. 

Health and Safety & Digital

 Health and safety is important especially when using digital devices and with technology
developing all the time and most individuals using various types of technology within
orgaisations it is important to consider
 DSE – Display screen equipment The use of display screen equipment (DSE) means using
devices or equipment that has an alphanumeric or graphic display screen. These are
extensively used in the office environment.

Display Screen Regulations Act 1992

 As an employer, you must protect your workers from the health risks of working
with display screen equipment (DSE), such as PCs, laptops, tablets and smartphones. The
Health and Safety (Display Screen Equipment) Regulations apply to workers who use DSE
daily, for an hour or more at a time.

Display screen regulations

What are the possible health effects of working with DSE?

1. Back pain or upper limb disorders

2. Eye strain

3. Fatigue
But if you set up your workstation correctly and use it safely you can help you keep fit and well.

Each of these components is important in working with DSE

1. Chair

2. Desk

3. Screen

4. Mobile devices
5. Working environment

Get comfortable
 Adjust the height and angle of the seat and back rest so that you can reach the
keyboard without stretching and have your eyes level with the top of your screen

Sit back on the chair so that your thighs are well supported with a small space behind your knees
and both feet flat on the ground

Sitting back on the chair with both feet on the ground will improve your posture and allow your
blood to circulate freely. This reduces the risk of back pain and other joint or muscle problems.
Being at the right height for the keyboard and screen will reduce the risk of neck pain, headaches
and eye strain.

Organising your space

• Needs to be large enough for all equipment, paperwork, etc

• Adjust the height to suit you if this is possible
• Position your mouse so you can reach it without stretching
• Keep the space under your desk clear so that you can move your legs and stretch
• Place the keyboard to allow your wrists to rest lightly on the desk
• Adjust the tilt of the keyboard to keep your wrists straight

*Changing position, stretching your legs, and not working in a cramped space promotes circulation,
reduces muscle stiffness, and reduces fatigue.*
Screen
Place the screen approximately arms length from you
Have your eyes level with top of the screen
Raise monitor height if necessary
Tilt screen to keep head balanced, not leaning forward
Adjust screen position to remove glare or reflections: avoid having a window directly behind you
Keep the screen clean
Report flickering to IT Services

ADJUST THE WORKSTATION TO FIT YOU…...

Laptops & mobile devices

Portable devices were designed for short periods of use but have become the main device for many
workers.
The reduced keyboard size and fixed screen position can affect your posture which may increase risk
of soft tissue injuries and eye strain.
The almost constant accessibility and connectivity can lead to fatigue.

Follow this advice to reduce risks to your health and performance:

• Whenever possible use a docking station with full-size keyboard and screen
• Position screen to sit comfortably
• Change position and activity more frequently than when using a PC

The Environment

• Try to get the lighting level suitable for you; diffusers on overhead lamps, blinds on
windows, no window directly behind you
• Check the temperature: too cold can affect your soft tissues, too hot may cause fatigue
• Noise from equipment or colleagues can be disruptive leading to fatigue: move/replace old,
noisy equipment; colleagues to speak quietly; reduce number of staff walking through
• Keep the work area clean, tidy and free from trip hazards
Working in open plan or shared spaces can make individual preferences difficult to achieve: be
tolerant of others, talk about concerns, and compromise where possible
Safety Precautions
 Ensure there are no trailing wires across or around the room which people could trip on
 Electrical sockets should not be overloaded
 Electrical equipment should be safety tested at least once a year
 There should be adequate space around desks for people to move
 Bags and obstacles should be stored out of the way so that people can't trip over them
 Food and drink should not be placed near a machine
 Heating and ventilation should be suitable for the working environment
 Work desks should be strong enough to support computers and equipment
 Staff should follow the safety regulations
 Fire extinguishers should be available, including specialist ones to deal with electrical fires.
 Fire exits should be clearly marked and free from clutter

Employer Obligations

 Laws have been passed to ensure that employers provide a safe working environment for
anyone who works with computers. This is called the 'Health and Safety at Work Act (1974).
 The law states that an employer must (if relevant):
 provide tiltable screens
 provide anti-glare screen filters
 provide adjustable chairs
 provide foot supports
 make sure lighting is suitable
 make sure there is sufficient space for people to work
 train employees how to use workstations correctly
 ensure employees have sufficient breaks
 pay for regular eyesight tests for anyone who needs prescription glasses in order to use the
computer.

NOTE: These regulations only apply to offices and not to students in schools.

Further Reading

 https://www.teach-ict.com/gcse_new/health_safety/miniweb/pg8.htm
 https://www.bbc.co.uk/bitesize/guides/zbxbkqt/revision/7

Exam Practice Questions

1) Nico has recently been suffering from terrible headaches and after visiting the doctor she
was diagnosed with Asthenopia (eyestrain).

 a) What could have caused Nico to have eyestrain?

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 b) How would you advise Nico to avoid getting eyestrain in the future?

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2) Nico is also worried about any other potential health issues she might come across whilst
at work.

Using the table below can you identify 4 more health issues, explain what causes them and how
they can be avoided?

Health Issue Caused By How to Avoid

Summary

• In todays lesson I have looked at the importance of health and safety in the workplace and
why employers need to follow these rules and regulations.
• I have also gone through some of the safety precautions and display screen equipment
when working with digital technology.

Lesson 2 Data Protection Act

Learning Objectives

• Understand what Data Protection Act is

• Identify the principles of DPA/GDPR
• Understand how data is used within an organisation context

Starter Task – Exam Practice Questions

• Listed below are some of the health problems which may occur within an organisation.
Identify the cause and methods to prevent these health issues occurring:
• Backache
• Eye strain
• RSI
• Stress

Data Protection Act 2018

Definition of DPA
 • The Data Protection Act (DPA) protects the privacy and integrity of data held on individuals
by businesses and other organisations. The act ensures that individuals (customers and
employees) have access to their data and can correct it, if necessary.

What is Data Protection Act 2018?

Data Protection is about avoiding harm to individuals by misusing or mismanaging their personal
data.
So if you collect, use, or store personal data then the Data Protection Act applies to you. It sets out
eight principles you have to adhere to, which include:
• Only collect information for specific purposes and don’t then use it for other purposes
• Only collect what you need for the specific purpose
• Keep it accurate and up to date; and safe and secure
• Process information lawfully and allow subject access in line with the Act.

Personal Data

What is personal data?

Personal data is defined as:
Any information about a living individual which is capable of identifying
that individual.
Sensitive personal data is defined as:
Any information relating to an individual's racial or ethnic origin, political
opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual
life, alleged or actual criminal activity and criminal record.

8 Principles of DPA

1. Personal data must be processed fairly and lawfully

2. Personal data must be processed for specified lawful purposes
3. Personal data must be adequate, relevant and not excessive
4. Personal data must be accurate and up to date
5. Personal data must not be kept for any longer than is necessary
6. Personal data must be processed in accordance with the rights of individuals
7. Personal data must be kept secure
8. Personal data must not be transferred outside the European Economic Area without
adequate protection

Principles of DPA

1. Personal data must be processed fairly and lawfully

This is among the most important requirements of the Act. In order to comply, you must provide
individuals with the name of your business, and details of the purpose for which their information
will be used. You should make it clear that the individual can access and correct the information
that you hold about them.
Crucially, you must also tell them if the information will be used in any way that is not
immediately obvious. For example, you must tell the individual if their details will be passed on to
credit reference agencies.
2. Personal data must be processed for specified lawful purposes
You must have a specified, lawful reason for collecting data; you cannot simply collect it
speculatively. Furthermore, you cannot use the data collected for another, “incompatible” or
unlawful purpose.

3. Personal data must be adequate, relevant and not excessive

You should only collect the bare minimum; you may not collect information that is not
immediately relevant to the specified purpose, and you may not collect more information than you
need.

4. Personal data must be accurate and up to date

Any information you hold must be factually accurate and updated where necessary. Depending on
the nature of your business, you may need to develop mechanisms that allow individuals to
update their details quickly.

5. Personal data must not be kept for any longer than is necessary
If the purpose for which you collected the data is time-limited, you must ensure that the data is
not retained once it is no longer needed. Where applicable, you should tell individuals how long the
data is likely to be retained for.

6. Personal data must be processed in accordance with the rights of individuals

The Act sets out the rights of individuals, as well as the responsibilities of data controllers. You
should make sure that you understand these rights, and act in accordance with them.

7. Personal data must be kept secure

You must take adequate steps to ensure the security of the data. This means that it should be safe
from tampering, loss, or unlawful processing. You may need to develop both technical and
organisational processes to help you deal with this obligation.

8. Personal data must not be transferred outside the European Economic Area without adequate
protection
Data may only be transferred out of the EEA if the country to which it is being transferred has
adequate legal protection for individuals and their details.

Exam Practice Questions

1. Explain why the Data Protection Act was introduced

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2. Identify four of the eight principles covered in the DPA

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3. Give two examples of personal data that an organisation might collect about you.
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4. Give three examples of sensitive data

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What Is GDPR?

It is the General Data Protection Regulation, which supersedes the Data Protection Act on 25 th May
2018. The key changes from the current law are to strengthen rights of individuals and place more
obligations on organisations in looking after personal data.
In order to comply with the new law:
• You must have a legitimate reason for processing data – this will cover much processing we
undertake (see later slide)
• Consent must be freely and unambiguously given and can be just as easily withdrawn
• Data Processing activities must start with “privacy by design and default”.
• Subject Access Requests – will include how you process and share data not just what you
hold and you’ll have less time to respond
• Subjects can request data deletion – “the right to be forgotten”, though only in certain
circumstances
• There will be mandatory breach reporting
• Data processors will be held liable
• You must be able to demonstrate compliance with GDPR

GDPR Principles
• Lawfulness, fairness and transparency – as with Data Protection
• Purpose limitation – only collect for specific purposes and then don’t use it for other
purposes
• Data minimisation – only collect the data you need for the purpose you are using it
• Accuracy – as now, keep it up to date!
• Storage limitation – don’t keep it for longer than you need to fulfil the purpose
 • Integrity and confidentiality – keep it safe and secure e.g. encrypted if on a laptop or mobile
phone.
• Accountability – you must be able to prove you have complied with the above.

GDPR/ Data Protection Terminology

• The data controller is the person or organisation who determines the how and what of data
processing.
• The data subject is the person about whom personal data is being processed.
• A data processor is the person or organisation who takes an action with the personal data
you control – this might be a 3rd party acting on your behalf.
• Processing is anything done with/to personal data, including storing it.
• The Data Protection Officer (DPO) is a specific role which will be a legal requirement for
many organisations including large church bodies such as NCIs or dioceses.

Important To Remember

Can I still process personal data? Do I need consent?

• GDPR (and DPA) are all about making sure data processing and sharing is done properly –
they aren’t there to prevent legitimate data sharing, so there is a lot you can do without
consent. For example, you can process personal data without consent where it is necessary:
• For the performance of a contract
• For compliance with a legal obligation
• To protect the vital interests of the data subject or another person
• In the exercise of official authority or in the public interest
• For the purposes of legitimate interests, you are undertaking
ONLY if NONE of the above apply do you need consent

Marketing Consent Defined

• Under the GDPR, consent is defined as meaning “any freely given, specific, informed and
unambiguous indication of the data subject's wishes by which he or she, by a statement or
by a clear affirmative action, signifies agreement to the processing of personal data relating
to him or her.” 
• What counts as consent?
• You will often need a person’s consent before you can send them a marketing message. If
you do need consent, then – to be valid – consent must be knowingly and freely given, clear
and specific. It must cover both your particular organisation and the type of
communication you want to use (eg call, automated call, fax, email, text). It must involve
some form of very clear positive action – for example, ticking a box, clicking an
icon, or sending an email – and the person must fully understand that they are giving you
consent. You cannot show consent if you only provide information about marketing as part
of a privacy policy that is hard to find, difficult to understand, or rarely read.
Difference Between Opt in and Opt Out

• ‘Opt in’ means a person must take a specific positive step (e.g., tick a box, send an email, or
click a button) to say they want marketing. ‘Opt out’ means a person must take a positive
step to refuse or unsubscribe from marketing.
• Some organisations provide opt-in boxes that are automatically pre-ticked. However, the
UK GDPR is clear that pre-ticked boxes do not give valid consent.
• You must use an ‘affirmative’ method of getting consent. We recommend you use unticked
opt-in boxes wherever possible.

Rights of Data Subject

• The right to be informed about the collection and the use of their personal data
 • The right to access personal data and supplementary information
• The right to have inaccurate personal data rectified, or completed if it is incomplete
• The right to erasure (to be forgotten) in certain circumstances
• The right to restrict processing in certain circumstances
• The right to data portability, which allows the data subject to obtain and reuse their
personal data for their own purposes across different services
• The right to object to processing in certain circumstances
• Rights in relation to automated decision making and profiling
• The right to withdraw consent at any time (where relevant)
• The right to complain to the Information Commissioner
The right to be informed
• The Ministry of Defence (MOD) must issue certain information about the processing
activities that affect you. This information is usually provided in a Privacy Notice or Privacy
Statement that is made available at the point the data is collected. The MOD also published
its Personal Information Charter on the internet.
The right of access
• The MOD, as the data controller, must provide you with:
• confirmation that your data is being processed
• access to your personal data
• other supplementary information
• For further information on how to make a Subject Access Request application see our guide
on Requests for personal data and service records.
The right to rectification
• You can ask the MOD to correct any personal information it holds about you to ensure your
data is accurate. You may also ask the MOD to complete incomplete data held about
yourself.
The right to erasure/be forgotten
• You have the right to (under certain circumstances) ask for your personal data to be erased
where:
• your personal data is no longer necessary in relation to the purpose for which it was
collected/processed
• you withdraw your consent or object to the processing and there is no overriding legitimate
interest to continue processing
• you object to the processing and there are no overriding legitimate grounds for the
processing
• you object to the processing and your personal data was processed for direct marketing
purposes
• your personal data was unlawfully processed or should be erased to comply with a legal
obligation
• your personal data is processed in relation to the offer of information society services to a
child
The right to restrict processing
• You have the right to restrict the processing of personal data held by the MOD where:
• you have contested its accuracy
• you have objected to the processing and the MOD is considering whether they have a
legitimate ground which overrides this
• processing is unlawful
• the MOD no longer needs the data, but you require it to establish, exercise or defend a legal
claim
The right to data portability
• The right to data portability allows individuals to move, copy or transfer personal data
easily from one IT environment to another in a safe and secure way, without hindrance to
usability. This enables you to obtain and reuse your personal data across different services.
• The right to data portability only applies:
• to personal data that an individual has personally provided to MOD
• where the processing is based on consent or the performance of a contract
 • where processing is carried by automated means (i.e. excluding paper files)

The right to object

• You have the right to object to processing of your personal data in certain circumstances
and have an absolute right to stop your data being used for direct marketing.
• You can also object if the processing is for:
• a task carried out in the public interest
• the exercise of official authority vested in the MOD
• MOD’s legitimate interests (or those of a third party)
• However, in these circumstances the right to object is not absolute and you must give
specific reasons why you are objecting to the processing of your data.
• Please be aware that the MOD would be able to continue processing your personal data if:
• we can demonstrate compelling legitimate grounds for the processing, which override the
interests, rights and freedoms of the individual
• the processing is for the establishment, exercise or defence of legal claims
Rights relating to automated decision making and profiling
• Automated decision-making takes place when an electronic system uses personal
information to make decisions without human intervention.
• The MOD could use automated decision-making in the following circumstances:
• where we have notified you of the decision and given you 21 days to request a
reconsideration
• where it is necessary to perform the contract and appropriate measures are in place to
safeguard your rights
• At present, there are no fully automated decision making or profiling systems in use within
MOD. This means that this right does not currently apply to any processing activities.

Exam Practice Question

1.Companies now store vast amounts of information about data subjects. What is meant by ‘data
subject’?

Activity

• Research the internet to find information on enforcement law and answer the questions
below

What is Enforcement Law

Why are both legislation and enforcement law important for an organisation
Summary

• In todays lesson we have looked at the following

• What the DPA is and the 8 principles
• GDPR and what it is
• Marketing Consent
• Rights of Data Subject
• Enforcement – research task

Further Reading

• https://www.gov.uk/data-protection
• http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted
• https://www.nemogroup.co.uk/gdpr-the-facts/

Lesson 3 Computer Misuse Act

Learning Objectives

• The principles of computer misuse act

• What are the consequences
• Employee awareness of the computer misuse act

Starter Task – Exam Practice Questions

Explain the difference between DPA and GDPR

Identify three rights of data subject

Define what Enforcement means

Computer Misuse Act 1990

• The Computer Misuse Act protects personal data held by organisations from unauthorised
access and modification).
• The Computer Misuse Act protects personal data held by organisations from unauthorised
access and modification). The act makes the following illegal: Unauthorised access
to computer material. This refers to entering a computer system without permission
(hacking)

Principles of The Computer Misuse Act 1990

• Unauthorised access to computer material.

• Unauthorised access with intent to commit or facilitate commission of further offences.
• Unauthorised acts with intent to impair, or with recklessness as to impairing, operation
of computer.

The Act Makes The Following Illegal

• Unauthorised access to computer material. This refers to entering a computer system

without permission (hacking)
• Unauthorised access to computer materials with intent to commit a further crime. This
refers to entering a computer system to steal data or destroy a device or network (such as
planting a virus)
• Unauthorised modification of data. This refers to modifying or deleting data, and also
covers the introduction of malware or spyware onto a computer (electronic vandalism and
theft of information)
• Making, supplying or obtaining anything which can be used in computer misuse offences

Four Clauses

• These four clauses cover a range of offences including hacking, computer fraud, blackmail
and viruses.
• Failure to comply with the Computer Misuse Act can lead to fines and potentially
imprisonment.

Offence 1
Unauthorised access to computer material
 • This is the lowest level of offence and is one that many of us might be guilty of at some
stage in our school or working lives.
• Have you ever found, guessed or used someone else's' password to log onto their user area?
If you do this and then look at their files, even if you don't change, delete or damage
anything, you are still guilty of accessing materials without authorisation - and this is
illegal.
• This offence carries the risk of being sentenced to six months in prison and/or a hefty fine.
• Next time you decide to log onto your mate's user area - think again - you are actually
breaking the law!

Offence 2
Unauthorised access with intent to commit or facilitate a crime

• The difference between this and the first offence is that the person gaining access to
someone else's' system is doing so with the sole purpose of doing something illegal.
• This might mean that they had to guess or steal the password in order to get into
someone's user area or their bank account. They could do this by trial and error or by using
special programs such as spyware or keylogging software, or they could use a relatively
new technique called 'phishing'.
• They might want to steal some company secrets or they might want to transfer some
money out of your bank account into their own.
• Anyone caught doing this risks up to a five year prison sentence and/or a hefty fine.

Offence 3

Unauthorised modification of computer material

• Everyone deletes files from their own system, maybe they no longer need them or maybe
they delete them by mistake. This is fine - there was no intent to cause any damage.
• This offence relates to the deletion or changes made to files with the intent to cause
damage to an individual or company. The difference is 'the intent to cause damage'.
• This offence also covers purposely introducing viruses to other peoples' systems.
• If you knowingly transmit a virus to others, you are guilty under this section of the
Computer Misuse Act.
• This offence carries a penalty of up to five years in prison and/or a fine.

Offence 4
Making, supplying or obtaining material that could be used in computer misuse offences

• Making
• This includes the writing or creation of computer viruses, worms, trojans, malware,
malicious scripts etc.
• Supplying
 • This part covers the distribution of any of the above material whether you have created it
yourself or obtained it from elsewhere. It is an offense to supply or distribute these files to
others.
• Obtaining
• If you purposely obtain malicious files such as else's computer viruses or scripts that you
know could be used to damage computer systems then you have committed an offence
under the Computer Misuse Act.

Offences

Offence Penalty

Up to six months in prison and/or an up to a

Unauthorised access to computer material
£5,000 fine

Unauthorised access to computer materials Up to a five-year prison sentence and/or an

with intent to commit a further crime unlimited fine

Up to a five-year prison sentence and/or an

Unauthorised modification of data
unlimited fine

Making, supplying or obtaining anything which Up to a ten-year prison sentence and/or an

can be used in computer misuse offences unlimited fine

Employee Awareness Example

• Employee misuse of employers' computer, email or internet facilities is a common issue in

the workplace. For example, non-work-related use of the internet at work, viewing of
inappropriate material such as pornography, and harassment of colleagues or criticism of
the employer on social media might all constitute employee misconduct.
• Employers should have in place an email and internet policy, setting out clearly how
employees can use its email and internet facilities.
• Computer misuse can be a particular problem during major sporting events, such as the
football World Cup.

Exam Practice Questions

1. List the three main issues covered by the Computer Misuse Act (1990)
 2. Give three of the reasons why hackers want to try to break into computer systems

3. Explain why the Computer Misuse Act was passed in 1990

4. List the four main offences that are covered by the Computer Misuse Act

5. Look at each of these offences in detail and explain what they mean.

Exam Practice Questions

 6. What penalties can someone face if they are found guilty of these offences?

7. Explain what an organisation can do to try to prevent someone from breaking into their
system.

8. Give a definition of the word hacker

Activity :Additional Poster Task

• Create a Poster in Microsoft PowerPoint which explains

• What the Computer Misuse Act 1990 is
• Principles of the Act
• Consequences
• Employee Awareness
• You can also include images on your poster.

Summary

• In todays lesson we have looked at the importance of the computer misuse act and what
the consequences are from an employer and employee context.
Lesson 4 Equality Act

Learning Objectives

• Understand what the Equality Act is

• Identify the types of discrimination and protection within the workplace
• Identify the different types of discrimination and what action an employee can take against
their employer

Starter Task

Think about and answer the following questions :

What is discrimination?

What is Discrimination in the workplace?

Discrimination

Everywhere we look, we see differences in wealth, power, and status. Some groups have
higher status and greater privilege than others. This inequality in the system is what we
call social stratification. In this unequal social system, there is often unfair treatment
directed against certain individuals or social groups. This is referred to as discrimination.

• Discrimination can be based on many different characteristics—age, gender, weight,

ethnicity, religion, or even politics. For example, prejudice and discrimination based on race
is called racism.
 • Oftentimes, gender prejudice or discrimination is referred to as sexism. Discrimination is
often the outcome of prejudice—a pre-formed negative judgment or attitude. Prejudice
leads people to view certain individuals or groups as inferior.

Discrimination in the workplace

• An example we notice in everyday life is salary differences! There are often obvious salary
differences among across genders and race groups.
• In the workplace, there is sometimes wage discrimination. An example of gender wage
discrimination is when an employer pays a woman less than a man for the same work.

Different types of discrimination

Direct Discrimination

• Direct discrimination is when someone is treated unfairly because of a protected

characteristic, such as sex or race. For example, someone is not offered a promotion
because they're a woman and the job goes to a less qualified man.
• Example
• A business is looking to hire a personal assistant. In the job application form, there's a
question asking if the applicant has any disabilities that will make doing the job difficult.
• As disability is a protected characteristic, this question is against the law. The employer
should instead ask all applicants if they need any reasonable adjustments to complete the
interview or any part of the hiring process

Indirect Discrimination

Indirect discrimination can happen when there are rules or arrangements that apply to a group of
employees or job applicants, but in practice are less fair to a certain protected characteristic.
• Example 1
 • A business is recruiting for a head of sales. The HR team only advertises the job internally.
The only people who could apply internally are all men. This means the business could be
discriminating indirectly, based on sex.
• Example 2
• A job advert for a salesperson says applicants must have spent 10 years working in retail.
By doing this the business could be discriminating indirectly based on age. This is
because the advert excludes young people who may still have the skills and qualifications
needed.

What the advert should say

• The advert should instead say that applicants need a specific type of experience and
knowledge. It should also include the main tasks and skills involved in the job, to show
applicants what they'll need to be able to do.
•

Harassment

Harassment is unwanted behaviour that you find offensive, where the other person’s behaviour is
because:
• you have a protected characteristic
• there is any connection with a protected characteristic (for example, you are treated as
though you have a particular characteristic, even if the other person knows this isn’t true)
Unwanted behaviour could include:
• spoken or written abuse
• offensive emails
• tweets or comments on websites and social media
• images and graffiti
• physical gestures
• facial expressions
• banter that is offensive to you

Victimisation

This is treating someone badly because they have done a ‘protected act’, or because an employer,
service provider or other organisation believes that you have done or are going to do a protected
act. The reason for the treatment does not need to be linked to a protected characteristic.
A protected act is:
• making a claim or complaint of discrimination (under the Equality Act)
• helping someone else to make a claim by giving evidence or information
• making an allegation that you or someone else has breached the Equality Act
• doing anything else in connection with the Equality Act

Video
• Discrimination individual vs institutional (video) | Khan Academy

Employee protection
There are laws aimed at protecting people at work.
Equality Act
• Concerned with protecting all people from discrimination (e.g. on the basis of age,
gender, race, disability)
• Can affect businesses regarding recruitment, pay, promoting people
Use the links below to find out further information
• https://www.gov.uk/guidance/equality-act-2010-guidance
• http://www.legislation.gov.uk/ukpga/2010/15/contents

The Equality Act 2010 in more detail

• The Equality Act 2010 legally protects people from discrimination in the workplace and in
wider society. It replaced previous anti-discrimination laws with a single Act, making the
law easier to understand and strengthening protection in some situations. It sets out the
different ways in which it’s unlawful to treat someone.
• A new Equality Act came into force on 1 October 2010. It brings together over 116 separate
pieces of legislation into one single Act. The Act provides a legal framework to protect the
rights of individuals and advance equality of opportunity for all. It provides Britain with a
discrimination law which protects individuals from unfair treatment and promotes a fair
and more equal society.
Protected Characteristics

Protected Characteristics: It is against the law to discriminate against anyone because of:
• age
• gender reassignment
• being married or in a civil partnership
• being pregnant or on maternity leave
• disability
• race including colour, nationality, ethnic or national origin
• religion or belief
• sex
• sexual orientation
These are called Protected Characteristics

You’re protected from discrimination:

• at work
• in education
• as a consumer
• when using public services
• when buying or renting property
• as a member or guest of a private club or association

Discrimination and actions an employee can take against their employer

• Employees should talk to their employer first to try and sort out the problem informally.
You may also want to read about workplace disputes.
• If things cannot be sorted out informally, talk to Acas, Citizens Advice or a trade union
representative.
• You might be able to take a claim to an employment tribunal for discrimination.
• Check if you can get legal aid to help with your legal costs if you think you’ve been
discriminated against. You can get advice from Civil Legal Advice if you’re eligible.
• Employers must follow the law on preventing discrimination at work.

Activity: Create a mind map of discrimination in the workplace

Summary
• We have identified and discussed What is discrimination and discrimination in the
workplace. We have also looked at the equality act and when to take action against
discrimination as an employee
 3.
2.
1.


Discrimination in the
workplace

4.

7.
8.


5. 6.





33
Lesson 5 Intellectual Property Act

Learning Objectives

• Understand what the Intellectual Property Act consists of

• Identify unregistered and registered designs
• Identify the different patents in this act

Starter Task

What is intellectual Property?

Intellectual Property Act 2014

Intellectual property

• Having the right type of intellectual property protection helps you to stop people stealing
or copying: the names of your products or brands, your inventions, the design or look of
your products, things you write, make or produce.
• IP is protected in law by, for example: 
• patents, copyright and trademarks, which enable people to earn recognition or financial
benefit from what they invent or create. By striking the right balance between the interests
of innovators and the wider public interest, the IP system aims to foster an environment in
which creativity and innovation can flourish.

Unregister and Registered Design Rights

A person can protect designs with different levels of protection depending on what may be
necessary for their design.

35
 • Unregistered
• Registered

Unregistered designs

• Unregistered design right is similar to copyright in that it arises from the act of creation of a
design. It protects the shape and configuration of the design of 3D objects against copying
by others. Again, like copyright, the first owner of UK unregistered design right is the
creator of the design, unless the design is created in the process of a person’s employment
in which case the owner is the employer.
• This position represents a recent change in the law. Prior to 2014 any design which was
“commissioned” belonged to the person commissioning it. This is no longer the case, so if
anyone who is not your employee designs a product on your behalf, it is essential to take a
written assignment of the design right in this product to ensure that you obtain all relevant
rights in it.
• UK unregistered design right protects your design for ten years from the end of the
calendar year in which articles to that design were first put on the market, or for 15 years
from the end of the calendar year in which the design was recorded in a design document,
whichever period expires first. Two dimensional designs are not protected by UK
unregistered design rights, though designs for curtain fabric, wallpaper or similar may be
protected as copyright artistic works.
• Community unregistered design right offers protection for only three years for qualifying
designs, the three years running from the date it was first made available to the public in
the Community. The scope of what can be protected under Community unregistered design
right is significantly different from what can be protected under UK unregistered design
right. For example, community unregistered design right can cover designs of colour,
texture and materials. It is directed towards protecting the appearance of a product
and can  include two-dimensional designs. It protects designs which are “new and have
individual character”.

Registered design rights

• For better protection, you can register your design. To do this, your design must meet the
eligibility criteria of being new and having “individual character”. Designs which are
dictated solely by the technical function of the product in question or which are contrary to
public policy or morality may not be registered.
• Registered design right provides protection for up to 25 years and can be registered in the
UK by application to UK Intellectual Property Office and in the EU by application to
the European Intellectual Property Office.
• Design registration does not merely protect against copying but against anyone who
independently devises or develops a later design which infringes the registered design.
• EU design right protects designs throughout the whole of the EU, so organisations doing
business in at least one member state in addition to the UK (e.g. the Republic of Ireland)
may wish to apply for EU registered design rights in preference to UK registered design
right.

What rights do we have with an unregistered and registered design?

• Infringement of a registered design right occurs when your design is reproduced by a third
party. With unregistered protection, you will need to prove that your design has been
copied.
 • By registering a design, the owner has a monopoly right in that design. This means that a
third party cannot knowingly or unknowingly produce products that incorporate elements
of the registered design so as to produce a design which “does not produce a markedly
different impact on the informed user” as the registered design.
• Accordingly, when your design is registered, you do not need to prove that your design has
been copied to establish infringement. What you have to show is a high level of similarity
between the registered design and the infringing design.

Design registration

• Design registration is comparatively inexpensive, but it is important to meet appropriate

time limits. A design has to be novel, so a design which has been on the market for years
cannot be registered. However, in the case of EU registered designs, there is a twelve-
month “grace period” before novelty is lost. For example, a design owner who uses a test
marketing of products made to a specific design to gauge interest on 1 May 2017 has until
30 April 2018 to file for design protection.

Design registration Trunki suitcase example

• As the owners of the Trunki ride-on suitcase design found, it is vitally important to consider
the scope of what you are registering, and that it covers all key features of the design you
are registering. For example, if the same basic design appears in different variations, like
the Trunki suitcase, where the same basic design could be presented in the form of
different animals, it is wise to register a series of designs showing each variation.

• It is also important to include no more in a design than you intend to rely on. For example,
if you are registering a design for a door, but the door handle and keyhole are options
selected by the purchaser, not part of the door itself, make sure the door design as
registered does not show these features.

Patents

• A patent is an exclusive right granted for an invention, which is a product or a process that
provides, in general, a new way of doing something, or offers a new technical solution to a
problem. To get a patent, technical information about the invention must be disclosed to
the public in a patent application.

Activity : Summarise in bullet points the key points of Intellectual Property

including:

Intellectual Property Summary

Unregistered design
Registered design

Patents

Copyright (further research needed here)

Trademarks (further research needed here)

Summary
• We have identified what the Intellectual Property Act consists of including unregistered
and registered designs also Identifying the different part in this act, including patents

Further Research

https://www.gov.uk/intellectual-property-an-overview

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