Employment Law Advice Archives | Page 5 of 6 | Employment Law Services (ELS) LTD

What can employers do to reduce cyber-bullying in the workplace?

Posted on 21 November 201712 June 2023 by @deliver_els

Last week was anti bullying week and it serves as a reminder for employers to consider the growing concern of cyber-bullying in the workplace.

Cyber-bullying is defined as “the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature” and can be treated much the same as traditional workplace bullying or harassment, but involves the use of electronic devices and online communications.

This includes:

Nasty emails, texts or social media posts directed at an employee
Electronic communications that involve jokes about an individual’s ethnicity, religion, sexual orientation or any other subject that would make a person uneasy
A bombardment of emails from a manager just before an employee goes on annual leave that could have been addressed much sooner

Malicious behaviour online can be hard for employers to detect as it is often carried out subtly. For example, a malicious post made on social media may go unnoticed from its victim as they do not actively use these kind of sites, however, the rest of their colleagues are exposed to this post and their behaviour towards the victim changes. Although the victim has not seen this post he/she senses a change of atmosphere in the workplace and cannot work out why.

Further, online bullying can leave employees thinking “I am an adult, I need to have thicker skin and get on with my job.” This can leave individuals feeling secluded, which will likely see side effects on their mental health, performance and engagement with the organisation as a whole. In turn, the workplace will experience a high turnover of staff, which will see a financial impact through having to recruit and train new employees. As an employer you are exposing the business to legal action should you fail to act on this form of behaviour in the workplace.

What should employers do to prevent cyber-bullying in the work environment?

Ensure all employees are aware that bullying in the workplace will not be tolerated
Have well written policies regarding bullying and unacceptable use of technology
Have all managers properly trained on how to deal with bullying in the workplace
Remind employees to stop and think before sending an email that is likely to get a reaction from the person on the receiving end
Promote communication between employees as opposed to squabbling over emails. Face to face chats will cut out the emotional uncertainty of an email

Clarification is crucial in the working environment as there if often uncertainty over what is deemed as unacceptable behaviour online. Often, employees believe that if it is on their private social media page then they should be able to freely express, entirely unaware of the consequences of making malicious comments about their colleagues.

Employers can monitor their employee’s emails and social media sites if another employee reports cyber-bullying. However, it is important that employers remember that those they wish to monitor must be informed beforehand and the reasons behind the monitoring are justified under data protection law.

How can Employment Law Services (ELS) help?

Employers can take advantage of our online courses on anti-bullying and harrassment in the workplace to ensure they are complying with their legal obligations – click on the link below for more information.

https://employmentlawservices.com/employment-law-advice/sme-employer-toolkit/accredited-e-learning-courses/

Should you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662.

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Guidance for employers on workplace issues over the winter months

Posted on 14 November 20178 June 2023 by @deliver_els

As an employer, it pays to be fully prepared for whatever weather this winter may throw at you – whether its wind, rain, storms or snow and ice. Winter in the UK often brings its own set of workplace problems.

Severe weather conditions can result in staff absence due to travel disruption and seasonal commemorations often lead to a ‘mad rush’ of employees attempting to book in annual leave all at once.

At Employment Law Services (ELS) our advice is: Don’t get caught in the cold – ensure you have logical workplace polices on staff issues, such as travelling to work and taking holiday requests; communicate them to all employees now!

Adverse weather conditions

What issues should you keep in mind?

– You are not legally obliged to pay staff if they cannot get into work because of weather conditions

– Have a policy stating this – this will ensure employees are aware of the businesses expectations on them getting into work

– Try to be flexible where possible – can you come to a short-term arrangement that the employee can work from home temporarily until the weather/travel improves? Or, can you temporarily modify working hours to reduce disruptions?

Health

With winter weather, comes the cold and flu- this is likely to see an increase in the number of employees calling in sick to work.

– There should be provisions within the workplace absence policy alerting employees of when they will be expected to contact work when calling in sick. In addition, employers should routinely hold back to work interviews when an employee returns from being off sick.

– Should the illness last more than 7 days, employees should fill in a self-certificate detailing their short-term illness or alternatively, they should seek a statement of fitness for work from their GP.

Holiday entitlements

Around the festive period employers may find that they receive a burst of annual leave requests.

– When public holidays during the Christmas and New Year period fall on Saturdays and Sundays, alternative weekdays will be considered as public holidays.

– There is no legal requirement to paid leave for public holidays.

*Most part and full-time workers have the legal entitlement of 5.6 weeks paid holiday. Employers may agree to further annual leave as part of an individual’s contract.

– Employers can set periods around when employees will be expected to use annual leave, such as the business closing for Christmas.

Health in the workplace

Winter months often provoke mental health conditions such as stress and depression. Identifying this is a key business skill.

– It is unusual for an employee to freely open up to employers about a mental health condition. Thus, approaching an employee who you believe may be suffering from a mental health issue can be difficult. In this instance you should try and catch the employee privately and informally and ask how they are doing.

– Ensure your line managers are aware of how to react to signs of stress in the workplace. As an employer you may find that management staff require the correct training to assist them with handling difficult conversations and raise awareness of health issues.

How can Employment Law Services (ELS) help?

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Making staff redundant – get it right or risk facing costly Employment Tribunal claims

Posted on 31 October 20179 June 2023 by @deliver_els

Recent headlines which saw Sainsburys announce they would be cutting 2,000 jobs, BAE Systems almost the same and Vauxhall 400, has highlighted the importance of businesses having the correct HR and legal resources to ensure organisations are following a fair and proper process.

Smaller companies rarely have inhouse resources to assist with similar problems, thus, making small scale redundancies comes with financial danger.

Employers should confirm in the first instance that it is a redundancy situation

Redundancies occur in three main scenarios:

(1) The business is having to shut down

(2) The location of work is closing

(3) The need for a specific role dries up

It is important that employers select individuals in a fair manner, for example because an employee’s level of experience or capability to do their job. Employers must not select employees on the grounds of age, gender, disability and pregnancy. Failing to comply with these rules will result in an unfair dismissal.

In addition, before an employer decides to make an individual redundant, they should consider other alternatives to the problem. For example, stop recruiting new staff, cut over time and place employees on lay off.

Redundancy Consultations

Should you fail to consult employees in a redundancy, any redundancy made will almost certainly be classed as unfair, exposing employers to an Employment Tribunal claim.

Consultations should include:

– An explanation of the redundancy

– A discussion of any alternative

– Advice on alternative employment

– Listening to any proposals from those affected

– Asking if any employees would like to volunteer for redundancy

Selection Criteria

In this event, employers should consult those affected regarding the selection criteria. Examples of such criteria include:

– Attendance record

– Disciplinary record

– Skills and experience

– Standard of work

– Aptitude for work

Following this, employers should apply this criteria to the roles at risk via a scoring system. This should be applied objectively and personal opinions should not be taken into consideration. On calculating the final scores, employers will establish those employees who score lowest.

Provide those affected with notice

The employees who have been selected for redundancy should be given proper notice of the dismissal. Notice periods are usually the same as those you would give when terminating a contract of employment. Further, employers may establish they have other work available within the business. In this instance, a suitable role should be offered within the notice period before the end of employment and as early as possible.

It is important to note employees with 2 years continuous service at the business are entitled to a statutory redundancy payment up to a maximum of £14,670.

Comprehensive Employment Law Support for Business

Employment Law Services (ELS) is a leading provider of employment law and HR guidance and support to SMEs and Medium Sized Businesses in Scotland and England & Wales. We are proud of our strong reputation for delivering an effective service to employers across a range of sectors including Food and Drink, Telecoms and Distribution.

A number of our team members are recognised as experts in their field, qualified to provide bespoke assistance to clients that reflect the commercial realities they face. Of all areas of UK law, employment law is arguably one of the most complex and fast changing. This requires employers to consult advisors who are up to date with developments and able to keep them appropriately advised on the changing nature of their obligations.

Our service places priority on providing assistance to employers that is prompt and effective. The team at Employment Law Services (ELS) take their role very seriously, and work in partnership with employers to discharge their responsibilities to employees when pursuing a redundancy scheme. We will also be happy to provide onsite guidance and support to businesses, ensuring that they are appropriately advised on the day-to-day realities of operating a redundancy scheme. Contact our team today and find out how we can help you.

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Government publishes Parental Leave Bill

Posted on 18 October 20178 June 2023 by @deliver_els

On the 13^th October, the UK Government published a bill offering parents 2 weeks paid leave should they suffer the loss of a child.

The Parental Bereavement (Pay and Leave) Bill was introduced by Kevin Hollinrake, MP and offers a day-one right to bereavement leave for any employed parent who loses a child under the age of 18.

In order to be eligible for statutory bereavement pay the bill states that employees will be required to have served a minimum of 26 weeks continuous service with their employer.

The bill is set to receive a second reading in Parliament this week, with the aim of it becoming law in 2020.

“We want parents to feel properly supported by their employer when they go through this deeply distressing ordeal of losing a child. That’s why the Government is backing this bill which goes significantly further than most countries in providing this kind of workplace right for employees” said Margot James, Business Minister.

Kevin Hollinrake added further: “Sadly I have had constitutes who have gone through this dreadful experience and while some parents prefer to carry on working, others need time off. This new law will give employed parents a legal right to two weeks paid leave, giving them that all important time and space away from work to grieve at such a desperately sad time.”

The head of Public Policy of the CIPD, Ben Willmott, said: “Our research shows many employers already offer their staff paid bereavement leave. This new law will build on this, so all bereaved parents of children under the age of 18 will have the reassurance of knowing they don’t have to worry while they grieve for loved ones in the immediate aftermath of such a tragedy.”

At present, there is currently no legal requirement for employers to pay employees who take time off to grieve, although a majority of employers do. The Employment Rights Act provides that employees have a day-one right to a “reasonable” amount of unpaid work in the event of an emergency involving a dependent. This includes making arrangements after the death of a dependent.

How can Employment Law Services (ELS) help?

Extreme weather conditions: What does this mean for employers?

Posted on 16 October 20178 June 2023 by @deliver_els

The effects of Hurricane Ophelia are likely to cause a headache for employers UK wide, with damaged buildings and closed networks wide ranging. Businesses may find that they need to temporarily close; or in the event that they do stay open, employees may be unable to get to work.

There is no specific legislation that governs the issue of travelling to work when the weather is bad, however, the following advice is available.

(1) Is the employee able to work from home?

In the first instance, employers should be flexible. Is the employee able to work from home until the weather improves – employers should also consider using annual leave or allowing the employee to make up the time.

(2) Consider the personal circumstances of each employee

Employers should consider the area that each employee lives in. Some employees may live in an area that is easily accessible to the workplace and others may live some distance away or in a more rural location. Ultimately, an employer has a duty of care towards the health and safety of his employee, and if threatened with disciplinary sanctions, employees may be unreasonably forced to embark on potentially dangerous journeys to work. Which exposes the employer to risk in this instance.

(3) Employers may have to temporarily close the business

If you have to close the business, unless there is a contractual term to place your employees on unpaid lay off, employees will be entitled to full pay for any working hours they would have worked if the business was opened.

(4) Paying staff who cannot make it into work

The employer does not have to pay the employee if they cannot make it into the workplace. For example, an employee can’t get into work because the trainline has been cancelled or the roads are closed, as the business is open, this absence would be considered as unpaid. This may seem a little extreme, therefore employers may wish to discuss pay further with an employee during this absence.

(5) Employees who have children whose school has been closed due to the weather

It is important employers remember that employees have the right to take time off for dependents when other care arrangements break down. Time off for dependents would usually last around 2 days, anything after this should be discussed with the employee.

How can Employment Law Services (ELS)

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Scary Legal Issues that Halloween brings for employers

Posted on 13 October 201712 June 2023 by @deliver_els

Halloween is a celebration observed by a number of countries worldwide on the 31^st October and with it comes allegations of workplace misconduct.

Inappropriate behaviour can arise at any time of the year; however, Halloween appears to bring a special type of poor behaviour.

Discrimination against Pagan Witches

It is important that employers do not take uncommon religious beliefs less seriously than more obvious beliefs.

This was seen in the case of Holland v Angel Supermarket Ltd and Another. In this case a Wiccan employee claimed she was unfairly dismissed after her employers found out she was a Pagan practicing witch. It was reported that her employers asked if “modern day witches still flew on broomsticks.”

The Equality Act 2010 protects individuals of “any religion” and does not specify that the belief has to be of a major religion in order to be protected.

Fancy dress discrimination

In the case of X v Y, the Employment Tribunal established that a gay employee was harassed after attending a work fancy dress party where the employee observed banter of an offensive sexual nature.

Often employers use fancy dress during holiday periods to motivate their staff. However, it is important that businesses are aware that fancy dress in the workplace has the capacity to offend others. E.G. Religious and nationality costumes could result in a discrimination claim.

Further, in the case of Brown v Young and Co.’s Brewery, the Employment Tribunal submitted that a manager harassed a black employee by telling him he “looked like a pimp” as he was wearing a St Patricks Day hat.

Halloween related misconduct

In Biggin Hill Airport v Derwich, an employee had her contract of employment terminated after placing an image of a witch on the screensaver of a colleague who she was in dispute with.

Misconduct through social media

What employees post on social media can have a detrimental effect on your organisation. Liam Williams, an international Welsh rugby player found himself having to publicly apologise after he posted a picture of him painted black online posing as the footballer Wilfried Bony.

It is recommended that employers have a social media policy providing employees with clear provisions on what will be deemed acceptable and unacceptable conduct online.

Health and Safety issues

Should you permit your employees to come in to work in fancy dress. It is important you are aware of the health and safety implications that come with this. E.G. Allowing workers to wear costumes whilst operating machinery can be disastrous.

The law provides that employers will be held liable for the safety of their employees. In Travis v Robbins-Sykes Hardwood Flooring, an employer learnt the hard way after the courts held him responsible for one of his workers injury compensation claims. In this event, the employee fell off a stool after being scared by a colleague who was wearing a mask.

Employer considerations

-Ensure there is clear guidelines and policies on appropriate workplace conduct;

-Confirm with managers their understanding on discrimination and harassment in the workplace;

-Ensure all policies are applied fairly and at all times.

Employment Law Support for Employers

World Mental Health Day 2017 – Mental health in the workplace

Posted on 10 October 201712 June 2023 by @deliver_els

What is mental health?

ACAS define mental health as: “The mental and emotional state in which we feel able to cope with normal stresses of everyday life.”

When an individual feels good about themselves they often work more productively, communicate better with colleagues and make a valuable contribution within the workplace.

It is important to note that mental health can vary from feeling ‘a bit down’ to common illnesses such as anxiety and depression to more severe cases such as bipolar disorder and schizophrenia.

It has been reported that mental health problems cost the average UK employer roughly £30bn annually. This is due to lack of production, recruitment issues and absence.

“Although understanding of mental health issues is growing, misconceptions still remain – especially in the workplace. Once thought of as something that happened to an unfortunate few, one in four people are now affected by mental health issues, and employers need to be able to spot the signs. If not, problems may only come to light later on when more serious interventions are necessary.” Joy Reymond, Head of Vocational Rehabilitation Services, Unum.

Therefore, it is encouraged that employers promote good mental health and provide support for employees who are suffering from mental health issues such as anxiety and depression.

This blog focuses on the practical, but less obvious steps that employers should take in order to make a more positive difference to the lives of their employees who may be suffering from mental health issues in the workplace

Recognise that all employees have mental health

It is important that employers identify that all employees have mental health, in the same way an individual has their physical health. Both can deteriorate from good to bad depending on circumstances that may be going on in and out of the working environment.

Keep in contact with employees who are off with a mental health issue

It is crucial that employers find the right balance when keeping in touch with an employee who is off sick. Further, employers should be aware that the longer an employee is off with a mental health issue, the less likely they are to return to work. This is because they will begin to loose confidence and feel kept in the dark from the business.

In addition, employers should help their employees with access to medical services. By helping the employee take medical action as early as possible will see the employee return to work sooner than later.

Culture

Employers should develop a mental health policy, by doing this employee’s will be reassured that the business cares for their wellbeing. In addition, such policies will create an overall awareness in the workplace and encourage individuals to talk about mental health.

Communication

Employers should use staff newsletters, posters and other internal communications to promote mental health awareness. As well as this, introducing discussions into staff meetings can be used as an opportunity to check in with how employees are feeling.

Ensure all managers are properly trained

By training up managers, employees will be reassured that their management team is educated in mental health matters, meaning they will feel more inclined to come forward and discuss any problems they may be having in and out of the working environment.

Zero tolerance to bullying policies

All employers should ensure there is a zero-tolerance approach taken to bullying in the workplace. It should be communicated in these policies that those found guilty of such conduct will be subject to disciplinary action.

Employment Law Support for Employers

Most of the time absence is genuine. At Employment Law Services (ELS) our employment law team help our clients form effective people management policies, give advice on the cause of absence and provide them with guidance on how to monitor long-term illness, return to work, sick pay and fit notes.

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662.

Please note, this article has not to be taken as legal advice. The author strongly advises the reader to take the correct legal advice before embarking on any enforcement action.

Where are employers going wrong when managing annual leave?

Posted on 28 September 201712 June 2023 by @deliver_els

In light of the recent controversy that has surrounded Ryanair in regard to management of annual leave, Personnel Today have published 5 common employer pitfalls. At Employment Law Services (ELS) we have summarised these to help our existing and non-existing clients avoid being caught out.

(1) Not encouraging employees to spread annual leave out over the working year

It can become problematic for employers who allow their staff to build up too much annual leave.

This could arise in the event of excess work to complete or a business finds they are struggling due to the economic climate. Because of this, employees may be hesitant to take annual leave as they believe they are not in a position to do so at certain times of the year without putting their job at risk.

It is suggested that employers encourage their employees to plan and take time off, by doing this it helps to preserve employee health, wellbeing and motivation. Further, this helps prevent the workforce from sitting on excessive amounts of leave to take at the end of the year.

(2) Offering an employee a cash substitute for their holidays

Often an employer may be tempted to offer their employee with a cash alternative in return for them giving up their annual leave entitlement. This has been seen when organisations are having a staffing crisis, have a heavy work load or require a big project to be completed on time.

It is important that employers remember the key principle of annual leave legislation – employers cannot offer employees payment in lieu of their statutory minimum annual leave entitlement.

(3) Allowing employees to carry over excessive amounts of annual leave

European law restricts employers from carrying over the first 4 weeks of an employee’s statutory annual leave, except in the situation where an employee has not been able to take their holiday entitlement due to sickness. If they are not taken, they are lost.

After the first four weeks of statutory annual leave, employers have more scope to allow employees to carry forward any holidays left at the end of the year.

It is important that employers/managers confirm this through the employee’s contract of employment when clarifying whether this will be allowed or not and what rules have already been set.

(4) Authorising too many employees holiday requests at the one time

This is generally seen during summer time and Christmas time. Managers are often discouraged to turn down an employee’s holiday request if they have already planned the trip.

However, it is important that employers/managers remember they are not legally obliged to accept these requests, unless the contract of employment states otherwise.

At Employment Law Services (ELS), we equip our clients with clear policies on holiday requests and encourage employers/managers to decline requests if the timing would result in the business struggling.

(5) Not paying the employee the correct rates during annual leave

Recently, according to Personnel Today, “the single biggest employment law headache for UK employers has been revolved around the calculation of holiday pay.”

It is important to note, that it is no longer admissible to calculate holiday rates on the basis of an individual’s basic rate only.

Employers now need to consider over time, commission, stand by and travel allowances.

How can Employment Law Services (ELS) help?

Ensure your HR policies are updated to comply fully with current UK employment law. This is critical in protecting your business from employment Tribunal claims because they provide the framework to help employers to treat their staff fairly and consistently within the parameter of current UK employment law.

Formalising arrangements in certain areas of people management and development not only makes good business sense, it also ensure everyone is treated fairly and consistently which will help protect your business by significantly reducing the risks and costs associated with disgruntled staff filing Industrial Tribunal claims.

Unlawful Interview Questions

Posted on 22 August 201712 June 2023 by @deliver_els

Acceptable and unacceptable interview questions

The purpose of holding job interviews is to obtain as much information as you can on your potential new employee. It therefore does not come as a surprise that on occasions employers are crossing that legal line on what they can and cannot ask.

There are appropriate interview queries and inappropriate queries, it is important that employers are aware of legislation that surrounds these.

(1) “What is your colour/ethnicity/race?”

This question is illegal, the ability to do the role cannot be measured on an individual’s colour/ethnicity/race. Exceptions may be made in the event that a modelling agency requires someone specific for the role.

(2) “What age are you?”

An employer may ask if the candidate is over the age of 18, this is to assure they are legally old enough to carry out the duties of the role. For example, bar and restaurant work. Age discrimination is one of the most recent discrimination rules under the Equality Act 2010 and provides that age is not a clear basis when assuming an individual’s ability and maturity to carry out a job.

(3) “Are you pregnant?”

No, no, no! Employers and prospective employers must not ask the employee/potential employee this question.

Asking or basing a hiring decision on pregnancy would result in a violation of the Equality Act 2010 and could result in legal liability against the employer. Asking the candidate what their long-term career plans/goals are should be suffice when measuring the individual’s commitment to the company.

(4) “Do you have any disabilities/are you disabled?”

The general position of the Equality Act 2010 is that it is unlawful for an employer to ask any potential employee about their health or disability. Instead, an employer may ask the candidate if they can carry out the specific duties required in the job description.

If the employer offers the individual the job he/she may then may ask the employee health questions. This is to allow them to make reasonable adjustments to the workplace so that they are not put at a disadvantage to other employees.

(5) “What are your religious beliefs?”

Employers have been seen to ask this question to determine applicants work schedules. For example, if the employee will be available to work on a Sunday. Unless there is a need for a candidate to have a specific belief, religious questions should not be mentioned at all.

In addition, there is no reason that candidates should mention their religious beliefs on their CV/application form.

(6) “Do you drink/smoke?”

Even if the organisation has a strict no-smoking policy, employers cannot ask this question as part of the interview process. Asking a candidate this question crosses the line between the workplace and the applicant’s personal life.

Further, this question can suggest discrimination – asking a candidate whether they drink or smoke would imply that this is a determining factor in the hiring process. Should you directly ask this question, you are opening yourself up to discrimination claims if the candidate does not get the position they were interviewed for.

The reason behind this is, drinking alcohol and smoking cigarettes in the UK is legal and something that an employee would do outside of work. Instead, employers may ask if the employee has previously been disciplined for breaching company alcohol and smoking policies.

(7) “Do you have any children?”

Interviewers should not ask this question. It is understood that family obligations may interfere with the role, however, it is important that employers do not make assumptions into such situations.

Instead, the interviewer may ask the candidate if they would be willing to work overtime if the opportunity were to arise.

(8) “What is your marital status?”

Again, this question is irrelevant and links back to number 7. It is illegal for an interviewer to make their hiring decision based on marital status. However, they can ask a candidate’s career plans and assess it from there.

(9) “Do you have any debt?”

An employer should not ask a potential employee about their financial status or credit rating during an interview, credit history should not measure an individual’s performance in a job.

Some exceptions are made to this question in the event that the role involves a financial or banking position. The employer may then request a credit check granted he receives the employee/potential employee’s permission.

What should employers consider?

Certain interview questions are clearly discriminatory and avoided by almost all employers with the correct legal advice.

However, when trying to get a good picture of the candidate during the interview, straying into ‘grey areas’ can be easily done. What you think is a simple and harmless conversation, may in fact be discriminatory which in turn exposes you to costly litigation claims.

Employers concerned with about any of the issues raised in this article can take advantage of our Employment Law Services (ELS) free consultation service – call us today to arrange your free consultation – 0800 612 4772.

Data Protection Bill set to launch in September

Posted on 9 August 20177 June 2023 by @deliver_els

On the 7^th of August, the Government outlined its objective for the new Data Protection Bill, it is due to be published next month and will merge the EU’s General Data Protection Regulation (GDPR) into legislation in the UK.

This legislation will now grant individuals the right to be forgotten and ask for any personal data held by others to be erased.

Organisations will have support through this process to make sure they are complying and managing data in line with regulations.

Should an organisation fail to meet requirements, the Information Commissioner will now have additional powers to defend consumer rights, meaning they can now issue fines of up to 17m or 4% of global turnover (whatever figure is higher) in the event that Data Protection Regulations are breached.

Minister of the Department for Digital, Culture, Media and Sport, Matt Hancock stated:

“Our measures are designed to support businesses in their use of data, and give consumers the confidence that their data is protected and those who misuse it will be held to account.

“The new Data Protection Bill will give us one of the most robust, yet dynamic, set of data laws in the world. The Bill will give people more control over their data, require more consent for its use, and prepare Britain for Brexit. We have some of the best data science in the world and this new law will help it to thrive.”

“The Data Protection Bill will allow the UK to continue to set the gold standard on data protection. We already have the largest internet economy in the G20. This Bill will help maintain that position by giving consumers confidence that Britain’s data rules are fit for the digital age in which we live.”

The Department for Digital, Culture, Media and Sport said further that the Bill would:

– Make it simpler to withdraw consent for the use of personal data;

– Allow people to ask for their personal data held by companies to be erased;

– Enable parents and guardians to give consent for their child’s data to be used;

– Require ‘explicit’ consent to be necessary for processing sensitive personal data;

– Expand the definition of ‘personal data’ to include IP addresses, internet cookies and DNA;

– Strengthen the law to reflect the changing nature and scope of the digital economy;

– Make it easier and free for individuals to require an organisation to disclose the personal data it holds on them;

– Make it easier for customers to move data between service providers.

The Government have said it will be a criminal offence if an individual “intentionally or recklessly re-identifies an individual from anonymised or pseudonymised data.”

In addition, those in association with this who handle or process the data knowingly, will also be committing a criminal offence.

A further offence will be conceived should an individual alter records with the intent of stopping them being identified when someone exercises their right to the data.

How can employers prepare for the reforms?

– Start to consider how to efficiently recruit and train a Data Protection Officer;

– Have in place a clear data policy that defines procedures, in particular data breaches;

– Review employment contracts that regard consent;

– Have in place clear privacy notices that are straightforward so that it is easily translated to your employees;

– Ensure there is a legitimate basis for the retention of data stored and for the transfer of any data. E.G. in relation to HR.

How can we help?

At Employment Law Services (ELS), we will work together with our clients to ensure they are fully protected and prepared for the new regulation to take effect in May 2018. If you have any specific queries about the impact this may have on your business or wish to contact us for a free consultation call us today on – 0800 612 4772.