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Legal Requirements of an Assistant Groom
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Health and Safety:

Health and safety is a legal requirement in any workplace. It is put in place to ensure the environment is a safe and healthy place to work in, plus to minimise risk of harm or danger. The employer has the primary responsibility to implement strict health and safety management, and must do whatever is reasonably practicable to achieve this. However, all workers also have a duty to take care of their own health and safety, plus those who may be affected by their actions. All concerns relating to issues regarding health and safety should be reported to the manager or employer.

Examples of responsibilities an assistant groom may adhere to regarding health and safety:

  • Follow all the companies health and safety policy at all times.
  • Do not interfere or misuse anything that has been provided for your health, safety or welfare.
  • Before taking on new tasks, ensure you receive the correct training.
  • Dress code must be correct for the specific job or task.
  • Long hair must always be secure and tied back, avoid wearing jewellery.
  • Do not exceed personal limitation, or those of others.
  • Report any injuries, strains or illnesses which have occurred as a result of doing your job.
  • Report any issues which may affect your ability to do your job, ie pregnancy, injury etc, or if taking any medication which may make you drowsy.
  • Whilst working with younger, or more inexperienced, people their health and safety should be observed at all times. They should never be expected to perform tasks above their capabilities.

Employment Rights:

If you are working under a contract of employment, you are classed as an employee. The contract can either be in writing or verbal, but does exist when both you and the employer agree to terms and conditions of employment. As an employee you are entitled to minimum legal employment rights; however certain rights do require a minimum length of continuous employment before qualifying for them, this will be stated in the employment contract.

Examples of minimum legal employment rights:

  • Receive the national minimum wage.
  • Rest breaks during working hours.
  • Paid holiday and limits on night work.
  • Protection against unauthorised deductions from pay.
  • Statutory sick pay.
  • Maternity, adoption and paternity leave and pay.
  • The right not to be unfairly dismissed.
  • Not be discriminated against unlawfully.

In the equine industry, the term 'working pupil' is commonly used to describe a person who works on the yard and lives on the premises in return for training. Where applicable, they may also keep their horse on site. The definition of 'working pupil' is a descriptive job title, not a legal employment status. This technically means they are hired as a worker and as such, are entitled to the same minimum legal employment rights as any employee. National minimum wage must be paid, from which any deductions for training, accommodation or livery will be taken from the net salary. This should be set out clearly in a mutually agreed contract of employment.

Safeguarding:

Safeguarding is a concept designed to protect children, young people (under the age of 18) and vulnerable adults from harm in the workplace. This could be in the form of physical, verbal, sexual, emotional, financial abuse and neglect.

All riding instructors on the BHS register must attend a Safeguarding and Protecting Children Workshop and pass a Disclosure and Barring Service (DBS) check (criminal record check), both need to be updated every 3 years. It is recommended that anyone working or volunteering on a BHS approved yard, and is in regular contact with children or vulnerable adults, should also attend the workshop, plus have a DBS check.

On the yard the safeguarding policy booklet should be accessible to view; it should be read, and then a form signed to acknowledge it has been read and understood. The safeguarding certificate should be in public view, which names the designated safeguarding staff member/s.

When children, young people or vulnerable adults are present on the yard, appropriate measures must be taken to protect them relating to their health and safety and safeguarding. All of the yard's policies regarding these matters should be abided by at all times and any concerns should be reported immediately to the designated safeguarding staff member.

Data Protection:

From 25 May 2018 a new EU law will come into effect which replaces the existing Data Protection Act.

Data refers to personal information stored about any person related to the business, this may include staff, clients, liveries, volunteers, or suppliers. Examples of information held may comprise of: names, addresses, email addresses, telephone numbers, medical information, bank details, staff attendance and performance reviews.

When processing or handling anyone's personal information, it is a legal obligation to protect this data. Regardless of how it is documented and stored, this information must be kept confidential, secure, and up-to-date. Only information required for the specific purpose should be obtained and it must not exist longer than necessary. Those with relevant authority, or on a 'need to know basis', should have access to it, and it must be available for the subject of the information to see on request.

The room in which this material is stored should be out of bounds to the general public, and kept locked at all times. All data held on a computer should be password protected, or stored in a locked filing cabinet when documented manually.

Equality and Diversity:

Equality and Diversity is the current term used for ‘Equal Opportunities’. It is a legal obligation designed to protect workers against any discrimination. These discriminations may include: age, gender, disability, race, language, ethnic origin, nationality, colour, parental or marital status, pregnancy, religious belief, class or social background, sexual orientation, gender reassignment or political belief.

To promote equality and diversity in the workplace, everyone must be equally valued, respected, included, motivated and treated fairly. All policies set out by the employer must be followed.

Horse Welfare:

Under the Animal Act you are have a legal duty of care for any equine/animal which you are responsible for on either a temporary or permanent basis.

To be responsible for an animal there are 5 requirements which must be met and provided, including:

  • A suitable environment.
  • An appropriate diet.
  • The opportunity to exhibit normal behaviour patterns.
  • Housed with, or apart from, other animals.
  • Protected from pain, suffering, injury and disease.

All equines are individuals and must be treated as such. To ensure they live in a happy and content manner, both their mental and physical care requirements should be catered for equally.

Neglect can occur for a multitude of reasons, at varying degrees, and is mainly due to a lack of knowledge, poor-education, ignorance, or deliberate cruelty. When working on a yard, if there is a concern regarding an animal's welfare it should be reported immediately to a senior member of staff or the proprietor. They are then expected to determine whether this person's actions are the result of inexperience, or it is intentional. In the case of inexperience, or poorly educated, the person may be spoken to and offered help and advice. They should be carefully monitored to ensure all guidance has been responded to and the situation has been, or is being, resolved. In the event of intentional abuse, the senior manager or proprietor may initially speak to the person responsible, if the issue is not rectified they should be reported to an animal welfare charity who can further investigate. In this instance, photographic or video proof can be extremely useful as evidence, especially if the case is taken to court.

In the rare case where a manager or boss has ignored, or is responsible for, the abuse you have a duty of care towards the animal to report it an animal welfare charity.

Reporting Incidents/Accidents:

Regardless of the concern, any issue in the workplace should be reported to the designated staff member, a senior member of staff or the proprietor. All incidents or minor accidents should be recorded in the incident book.

Examples of reporting:

  • Broken tack/headcollars etc.
  • Lame, injured or sick horses.
  • Damaged or broken: fencing, stabling, or equipment.
  • Any injuries or accidents.
  • Witnessing cruelty to animals.
  • Being bullied or witnessing bullying.
  • Safeguarding concerns.

Examples of reasons for reporting:

  • To allow any incident or accident to be investigated and help prevent similar future events.
  • To prevent an accident occurring from broken tack or equipment.
  • To prevent suffering of an animal.
  • To prevent suffering of a person.
  • To prevent animals escaping from their boundaries.
  • To prevent injuries to humans or animals.

For serious accidents in the workplace, a full accident report form must be filled out. In specific circumstances, the manager or proprietor must submit a report to Health and Safety Executives (HSE) under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).

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