The Wider Context

Core Area 3a Legal, Ethical, and Accessibility Issues

This part focuses on demonstrating my understanding of how legal, ethical, and accessibility issues impact my work in learning technology.

Understanding and Engaging with Legislation

In my role as Digital Training and Development Design Lead at IKON Training, understanding and engaging with key legislation such as the GDPR and the Equality Act was central to the successful implementation of the Digital Development Strategy. These legal frameworks shaped how we designed and deployed digital systems, especially in relation to the handling of sensitive learner data and ensuring equal access to our eLearning content. My legal background played a significant role in navigating the complexities of these regulations, allowing me to develop robust solutions that safeguarded both learner rights and organisational integrity.

One of the greatest challenges was ensuring that our approach to digital transformation not only complied with current laws but also anticipated future changes in legislation. I recognised early on that the speed of technological advancement often outpaces legislative updates. Therefore, I incorporated a proactive, forward-thinking strategy, closely monitoring updates to data protection laws and accessibility standards to ensure that our systems remained compliant. This was particularly important as we scaled up our digital infrastructure, integrating new technologies such as automation platforms, Learning Management Systems (LMS), and Customer Relationship Management (CRM) systems.

A significant part of our compliance efforts was focused on revising how our website handled cookies. Initially, our site did not require a cookie notification due to limited data collection. However, as we integrated tools like HubSpot for lead generation, the situation changed. After a detailed analysis, I concluded that the site needed to comply with PECR and GDPR as the processing of personal data through cookies became more extensive. Working with an external consultancy, I developed a Cookie Management System designed not just to meet minimum compliance requirements but to provide users with full control over their data. The system allowed users to opt in or out of different types of cookies, ensuring transparency and empowering them to manage their data preferences easily.

After reflecting on user feedback, we realised that providing this resource before the session posed a risk of misinterpretation, particularly as many of our learners come from diverse backgrounds and have varying levels of proficiency in English. The legislation linked in the document was sometimes complex, and there was concern that learners might arrive at the session with misconceptions or incomplete understandings of the law.

To address this, we made the decision to move this resource to the post-course section, ensuring that the legal concepts were first introduced and explained in context during the training session. This approach allowed the trainer to provide critical framing around the laws and ensure that learners had a firm grasp of their responsibilities before diving deeper into the legal materials. The post-course resource then reinforced the learning, enabling learners to review the legal details on their own, but only after they had received the necessary guidance and context during the live training session.

This decision was supported by the cognitive load theory and the concept of "scaffolding" in learning. By presenting complex legal information in smaller, structured steps, starting with an introduction in the classroom and then reinforcing it online after the session, learners were better able to absorb and process the information. Scaffolding, a pedagogical approach rooted in Vygotsky’s theories of learning, helps learners move from what they currently understand to more complex ideas, with the instructor providing support as necessary. By delaying access to the legal document until after the session, we allowed learners to construct a clearer understanding of legal rights, minimising the risk of cognitive overload.

Additionally, this approach catered to the principles of Universal Design for Learning (UDL) by allowing learners to engage with the legal content in multiple ways. First, through guided instruction with an expert during the training, and later through independent review of the legal resources. This reinforced the learning while ensuring that the material was accessible to learners with different language abilities and learning preferences.

As a result, we found that the revised approach not only reduced the risk of misinterpretation but also increased learner satisfaction with how legal content was introduced. This structured delivery of legal material ensured that learners fully understood their rights and responsibilities, and empowered them to apply this knowledge confidently in their roles, further improving both compliance and learner engagement.

Looking ahead, I plan to continue refining this section based on ongoing feedback and legal developments. As laws evolve, particularly those related to duty of care, physical intervention, and liability, it will be critical to ensure that our content remains current and relevant. I am also exploring the possibility of incorporating interactive legal scenarios into the course, allowing learners to apply their knowledge in simulated environments. This could further enhance their understanding of how legal principles operate in real-world situations and provide them with additional tools to make informed decisions. By staying attuned to both learner needs and legal changes, we can continue to provide valuable, relevant content that supports professional development and legal compliance.

Reflections on Legal Compliance

The process of implementing GDPR and PECR compliance underscored the importance of integrating regulatory requirements with user experience. By working closely with our IT, marketing, and legal teams, we were able to design solutions that met both compliance and organisational goals. One of the key challenges was aligning the needs of the marketing team, who prioritised data tracking and system functionality, with the strict legal requirements of GDPR and PECR, which demanded explicit user consent and high levels of transparency. This project reinforced that compliance is not simply about fulfilling legal obligations but also about fostering trust and transparency through user-centric approaches.

By moving the Legal Rights and Responsibilities resource from Pre-Course access to Post-Course, we were able to support a more robust learning experience that combined the introduction of legal principles during the course with reinforcement through post-course materials. This ensured that the learners could absorb complex legal information more effectively and apply it in their professional settings with greater confidence. The added layer of legal compliance, especially regarding managing challenging behaviours under various UK laws, also highlighted the need for ethical considerations in our design choices, particularly around ensuring learner accessibility and reducing the risk of misconceptions.

Moving forward, my focus will be on continuously refining our data protection processes and legal training content, especially as legislation evolves and new data management technologies emerge. I am also exploring ways to give learners more granular control over their data, as well as more adaptable access to legal information through our learning platform. By staying ahead of regulatory updates and leveraging pedagogical principles, I aim to ensure that IKON remains compliant while enhancing learner trust, comprehension, and engagement with legal content.

Ethical Issues

Health and Safety Awareness

The Digital Development Strategy that I implemented at IKON Training during my first year was not only focused on technological advancements but also on ensuring that all digital transformations aligned with key organisational goals and adhered to legal, ethical, and regulatory standards. A significant part of this strategy involved complying with UK-specific legislation such as the Health and Safety at Work Act 1974, the General Data Protection Regulation (GDPR), and the Equality Act 2010. The strategy followed the ADDIE model (Analysis, Design, Development, Implementation, and Evaluation), ensuring each phase addressed both technological capabilities and compliance with relevant legislation.

During the Analysis and Design phases, it became clear that incorporating automation and compliance mechanisms was critical. The primary objective was to streamline operational processes while upholding the quality of the learner experience, particularly when it came to legal requirements such as health and safety and data protection. The Health and Safety at Work Act 1974 requires employers to ensure the safety of their employees and those affected by their work, including learners. This prompted us to pay close attention to safety measures, especially for courses involving physical activities with inherent risks.

While we were already compliant with health and safety regulations, I wanted to ensure that we went beyond the minimum legal requirements, creating a process that truly prioritised learner well-being and ethical responsibility. This meant empowering learners to make informed decisions about their participation in training, particularly those with personal circumstances that might affect their ability to engage in physical tasks. Ethical training design isn't just about legal compliance—it's about ensuring that learners feel safe, respected, and able to participate fully in their learning experience.

For example, under the old system, health and safety information was only provided at the start of a training session, often requiring learners to disclose personal health information in front of others, which could lead to discomfort. In one case, a woman who had recently discovered she was pregnant contacted us before her session to ask if the training would be suitable for her condition. Under the old system, she would have had to publicly disclose her pregnancy to the trainer on the day, potentially causing embarrassment and anxiety. By providing digital access to health and safety information in advance, she was able to confidentially consult with the Training Manager and ensure the training would be safe for her. This allowed her to participate without stress and receive the training she needed to remain safe in her role. The ethical implications of this case highlight the importance of discretion, privacy, and early engagement to make reasonable adjustments for learners in accordance with the Equality Act 2010.

By embedding this proactive, learner-centric approach into the Development and Implementation phases, we digitalised previously manual processes and automated the delivery of health and safety information. This allowed learners to review safety measures well in advance of sessions, empowering them to make informed decisions about their participation and providing the option to raise concerns discreetly and privately before arriving at the training.

Reflections on Ethical Considerations

The delivery of health and safety information relied on automation integrated into our Training Management System (TMS). In line with health and safety requirements, the system automatically monitored new registrations for courses flagged as 'Physical' and sent tailored email communications containing a link to the health and safety declaration. A second automation monitored responses and updated the system in real-time to show which learners had accepted the declaration, giving trainers full visibility of participants' health and safety status before the course began.

This digital approach to health and safety compliance not only improved transparency and communication but also allowed both trainers and learners to plan more effectively. Trainers were able to tailor sessions to accommodate learners’ specific needs in accordance with the Health and Safety at Work Act. However, we also learned that learners felt overwhelmed by the volume of pre-course emails, leading us to explore ways to consolidate communications without compromising the clarity or importance of the health and safety information.

Moving forward, I plan to introduce more integrated systems that align automation with user feedback. By refining how information is delivered, we can maintain a learner-centric focus while continuing to meet legal obligations under health and safety laws, GDPR, and the Equality Act. Ethical training design should always balance legal compliance with the experience and well-being of learners, ensuring that safety measures are communicated in ways that are respectful, transparent, and empowering.

Accessibility and Equality

As part of my commitment to upholding the principles of the Equality Act, I spearheaded initiatives to ensure that all of our eLearning content was accessible to a diverse range of learners. This involved not only adhering to legal standards but also embedding accessibility deeply within the design and delivery of our courses. Central to this approach was the application of Universal Design for Learning (UDL) principles, which ensured that our content was flexible, accessible, and adaptable to different learning preferences and needs.

Under the Equality Act, there is a legal requirement to make reasonable adjustments for individuals with disabilities, and in the digital learning space, this translates to ensuring equal access to all online content. I was able to take this requirement further by leveraging UDL principles, which promote a flexible learning environment that can accommodate a variety of learners, including those with visual, auditory, motor, or cognitive impairments. This approach also benefited learners who may not traditionally identify as having disabilities but still faced barriers to learning, such as those for whom English is not a first language.

For a detailed overview of my work on making learning more accessible, please visit the IKON Academy Accessibility page.

Next Steps

In the future, I plan to further expand our use of assistive technology, exploring options like voice-activated controls and AI-driven captioning services. By staying informed about emerging accessibility technologies, we can continue to provide an inclusive learning environment that meets the needs of all users, regardless of their abilities or learning preferences.

Core Area 3b Policies and Standards

This section focuses on my understanding of how learning technology fits within broader institutional, sector-wide, and professional policies and standards.

Internal Policy Development

Developing Internal Policy

One of the key policies I developed during my time as the Digital Training and Development Design Lead at IKON Training was the Attendance and Engagement Policy. This policy was essential in setting clear expectations for learner attendance, participation, and engagement throughout our courses. Recognising the need for a structured approach to ensure that both clients and learners were fully aware of their responsibilities, I took a proactive role in developing a policy that aligned with the institution's broader goals, sector-wide best practices, and professional standards for engagement and accountability.

I found that, in the mandatory training sector, attendance and engagement policies varied greatly, as did the law around enforcing attendance and tracking engagement. Different sectors had varying legal obligations, particularly when it came to professional accreditation and regulatory compliance. For example, healthcare and education sectors required stricter attendance tracking due to their respective regulations, such as the Health and Social Care Act and the Education Act. These sectors needed robust mechanisms to ensure learners met their mandatory training requirements, whereas in other industries, the enforcement of such policies was more flexible and left to individual organisations. Recognising this, I ensured that our Attendance and Engagement Policy was not only compliant with relevant legal frameworks but also adaptable to the needs of different sectors, allowing us to meet both regulatory requirements and institutional goals.

In the initial stages, the focus was on ensuring that the policy addressed common challenges, such as maintaining high levels of learner engagement, preventing dropout rates, and establishing consequences for non-attendance or lack of participation. The policy aimed to balance learner flexibility with institutional expectations, ensuring that all learners received a consistent and fair learning experience.

Ensuring Client and Learner Awareness

Ensuring that both clients and learners were aware of and understood the Attendance and Engagement Policy was a crucial part of the rollout. To achieve this, we implemented multiple communication channels for policy dissemination.

• Pre-Course Communication: The policy was hyperlinked in all pre-course materials provided to learners through the TMS pre-course emails. Learners were required to review and acknowledge the policy before enrolling in the course, ensuring that they were fully informed of their responsibilities before the course began.
• Client Communication: Our clients, who often commissioned training on behalf of their employees, were also informed about the policy to ensure consistency in expectations. Regular updates and briefings were provided to our key clients to ensure they understood how the policy would affect their learners' participation and success in the course.

This process not only helped ensure compliance but also fostered a transparent relationship between our organisation, the learners, and the clients. To ensure awareness, the process the Attendance and Engagement policy was also embedded in the Registration Form, used for the registration of learners. So anyone self-registering would have to select that they were aware of this, and anyone registered by someone within their organisation would receive a copy of the attendance and engagement policy within their course welcome email.

Reflection

The development, revision, and enforcement of the Attendance and Engagement Policy highlighted the importance of aligning internal policies with broader institutional and sector-wide standards. By developing a clear, consistent policy and ensuring its enforcement across all levels—learners, clients, and affiliate trainers—we were able to foster greater accountability and improve the overall quality of our training programs.

In addition, this process emphasized the need for ongoing review and adaptation of policies to remain relevant and effective. The integration of monitoring mechanisms for affiliate trainers ensured that our policies were not only created but also actively enforced, thereby aligning with both institutional values and sector-wide professional standards.

Reflection: This project underscored the importance of policy engagement and coordination when working with large, highly regulated organisations such as the NHS. Ensuring legal compliance while maintaining operational efficiency required a deep understanding of both internal and external regulations. Aligning our policies with those of the NHS Trust not only safeguarded us legally but also enhanced the trust and collaboration between our organisations. The NHS has some of the most stringent data-security regulations, yet their processes are often quite manual, and occasionally antiquated. By working to their requirements, we have developed processes and policies that meet the needs or a very broad range of clients with less strict polices, and more streamlined processes.

In leading this initiative, I compared our live captioning strategies with those of other leading institutions to identify best practices and technological innovations. This benchmarking process was crucial, as it allowed us to learn from the successes and challenges faced by others in the sector. We examined a range of ASR tools and captioning technologies for their accuracy, ease of integration with our existing systems, and user-friendliness. One of the critical considerations was ensuring that the technology could not only handle the real-time demands of live captioning but also provide high-quality, accurate transcripts for later use. This was particularly important in maintaining both legal compliance and the pedagogical integrity of our materials.

Implementing live captioning solutions was not without its challenges. Balancing legal compliance with practical feasibility was a constant focus. Although we aimed to provide high-quality captions in real-time, the limitations of existing technologies often meant that some manual editing of captions was required after the fact. This added complexity to the process, but it was necessary to ensure that the final captions met the necessary accuracy standards and provided real value to the learners who depended on them.

My work on live captioning compliance was a reflection of my broader commitment to creating an inclusive and accessible learning environment. I recognised early on that while legal compliance was a key driver, it was just as important to ensure that the solutions we implemented truly enhanced the learning experience for all students. This meant advocating for the best practices in digital accessibility, not just meeting the minimum requirements. By focusing on the learner experience, I was able to ensure that our approach to captioning was both legally sound and pedagogically beneficial.

Looking forward, I plan to continue refining our live captioning practices by staying informed about advancements in captioning technologies and accessibility regulations. As AI-driven ASR technologies improve, I believe there will be significant opportunities to enhance the accuracy and efficiency of real-time captions. Additionally, I am exploring ways to integrate more interactive elements into our captioning system, such as enabling learners to highlight sections of captions or transcripts for further clarification or context. By remaining adaptive and forward-thinking, I aim to ensure that our live captioning solutions evolve in line with both legal standards and the needs of our learners.

Reflections on Engaging with Policy

Reflecting on my experience developing and revising internal policies like the Attendance and Engagement Policy and engaging with external policies such as those of the NHS, I have gained a deeper appreciation for the complexity of aligning institutional practices with broader legal, ethical, and sector-wide standards. These processes have highlighted the need for not only strict adherence to legal requirements but also the necessity of embedding flexibility to meet the diverse needs of clients, learners, and affiliate trainers.

The iterative development of the Attendance and Engagement Policy revealed the importance of ensuring that policies are continuously reviewed, not just for legal compliance but also for accessibility and effectiveness. For example, revising the policy to accommodate learners with diverse needs, and ensuring that affiliate trainers consistently applied the policy across sessions, underscored the importance of creating adaptable, inclusive solutions. This process taught me that legal frameworks like GDPR, the Health and Social Care Act, and the Equality Act provide a necessary foundation, but successful policy engagement requires flexibility and ongoing dialogue with stakeholders to ensure the policy is fully understood and properly enforced.

My work with NHS learning and development teams, in particular, demonstrated how external partnerships demand a heightened level of compliance coordination. The NHS Trusts we worked with required stringent adherence to data protection, accessibility, and training delivery standards. Aligning our internal processes with these external frameworks reinforced the need for precise and transparent policies. The ongoing communication and coordination ensured that our systems not only remained compliant but also reflected the NHS's high standards for data security and learner care.

I have learned that effective policy engagement is not merely about drafting compliant documents but about ensuring that those policies are actionable, clear, and aligned with broader institutional goals, and that they are ultimately enforced. Whether developing internal attendance policies or aligning our processes with NHS standards, the key is to create policies that are not just rules to follow but frameworks that improve outcomes for both the organisation and learners.