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It can’t have escaped your notice that the EU wide General Data Protection Regulation (GDPR) becomes law in the UK on 25 May 2018. This has an impact on all businesses in the UK that process personal data. Personal data is any information that enables an individual to be identified.
Any business with employees processes personal data and therefore needs to be aware of the changes in the law and how this impacts upon how they use, store and retain data.
Businesses also need to consider their wider activities in terms of when and how they handle the personal data of clients, customers and potential customers. However, for employers the key issues to focus on now in terms HR and GDPR are:
Employers need to formally advise all employees (and applicants during the recruitment process) about their personal data process. The notice needs to state what data they hold, why they hold it and what they will use it for.
Where an employer shares employees personal data with a third party supplier, they need to ensure this is made clear to the employee in the Privacy Notice.
An employer needs to have a legal basis for processing personal data, and needs to specifically state what that is in the Privacy Notice.
Record of Processing
All businesses need to consider whether to conduct a data processing audit and record in a formal Record of Processing document how they manage personal data in the business.
Subject Access Request
Individuals have always had the right to request details of the personal data held about them. In future such a request should now be processed for free and must be dealt with within 30 days.
Right to Rectification
Employees can ask for errors in the personal data their employer holds about them to be corrected.
Right to be Forgotten
Subject to certain limitations, individuals can ask for a personal data record to be removed. The employer needs to be able to evidence that the data has been removed.
Information Commissioners Office
It will now be mandatory for the employer to report any data breach to the Information Commissioners Office (ICO).
A new fee structure and registration process has been introduced by the ICO. However businesses that that only use personal data for staff administration are exempt from this.
Even if your business does not need to register with the ICO you still need to comply with the other data protection obligations.
If you have any questions or need further advice on getting GDPR ready please contact Opsium.
In a shock decision, the Supreme Court have ruled that fees for bringing employment tribunal claims are unlawful and will be removed with immediate effect.
In 2013, the Government introduced fees claiming it would cut the number of weak and malicious cases, although statistics provided by the Government suggest it may have also helped to prevent legitimate cases with 79% fewer cases being brought to tribunal since the fees were introduced.
The decision, following a judicial review application by Unison, holds that the statutory order which introduced the fee system was not a lawful exercise of the Lord Chancellor’s statutory powers, because the requirement to pay tribunal fees unjustifiably interferes with access to justice, frustrates the enforcement of employment rights, and discriminates unlawfully.
While the Supreme Court held that the Lord Chancellor did have legitimate aims in introducing tribunal fees, the fee regime was not a proportionate means of achieving those aims. In fact, the Supreme Court held that for any fees to be lawful they must be reasonably affordable for low or middle income families. The current level of fees meant that claimants would need to restrict their ordinary and reasonable living expenses to afford bringing a claim.
What does this mean for employers?
Until further notice, employment tribunal fees will be null, meaning that the number of employees bringing a claim against their employers is expected to rise dramatically. No longer will they need to balance financial obligations with perceived access to justice, so as an employer you will need to ensure due diligence is undertaken whenever a decision is made which could bring about a case.
On a lighter note, for those employers who have paid fees within the last three years, the Lord Chancellor has given a legally binding promise to refund any tribunal fees, a process which is expected to begin immediately.
Out of time applications
Employment tribunal claims for unfair dismissal or discrimination are subject to strict time limits of three months in most cases, but this judgment could potentially open the floodgates for any employee dismissed in the last three years to bring about a claim.
As the Supreme Court has already held that fees have deterred claimants from seeking access to justice, it is arguable that the tribunal will take this into account when assessing any out of time applications. All employers need to be aware of this risk and seek advice if they hear from the tribunal in these circumstances.
If you are unsure what this judgment means for your business please don’t hesitate to contact us for more information. We will be holding a webinar on Tuesday 1st August at 12pm to discuss this decision, please click here to book your place.
We will also be releasing a free podcast where will be discussing the decision in more detail, stay tuned for more information.
With the recent bad press surrounding zero hours contracts, many are calling for their abolition. From Sports Direct to care staff across the UK, there has been a wide misuse of zero hours contracts, but does that mean your business should rule them out? We look at the other side of the zero hours coin to find out why they could benefit your business and staff.
Let’s start with Mike Ashley.
When he’s not alienating the St James’ Park faithful, you can find him being admonished for shoddy work conditions in front of a review committee. Conditions in his warehouses have been compared to those of a Victorian workhouse with one member of staff giving birth in a bathroom due to fear of taking time off.
While the review committee revealed many shortcomings in the way Sports Direct treated their staff, the zero hours contract has been highlighted as one of the key issues. But should it have been?
While many see the zero hours contract as a way for the Conservatives to fudge the employment figures, the practice has been used for decades and in other countries is often referred to as a part time or temporary work.
In truth, a zero hours contract has no legal definition and is used as an informal agreement with an employer who will provide hours when needed, but aren’t guaranteed. While some argue this is outdated and a way of oppressing workers, it’s generally beneficial for both sides.
Zero hours industries
The hospitality and retail sectors make the most use of zero hours contracts due to the peaks and troughs their industries are likely to go through during seasonality. A restaurant isn’t likely to succeed if it had to pay staff during quiet periods, therefore they need to work with their workers to effectively manage rotation to suit their busier periods.
Zero hours contractual rights
This will depend entirely on whether your staff are defined as an employee or a worker. Both are entitled to minimum wage, paid holidays, rest breaks and protection against discrimination. Employees are additionally entitled to protection against unfair dismissal, redundancy pay and time off for emergencies. Employees also need to provide a minimum notice period.
One area of contention for zero hours workers is that they feel they are ‘punished’ for not accepting hours that are offered. This is often in the form of moving down the list when the next set of hours becomes available.
If you’re looking at taking on the zero hours template then it pays to be flexible. When taking on workers try to understand their availability while also getting across your expectations. For instance, if you often require someone at the drop of a hat but the worker is dependent on public transport it may be worth managing your expectations. Likewise, if someone repeatedly turns down work they need to be made aware that they will no longer be offered hours going forward.
Above all else, zero hours contracts should be reviewed on a regular basis. If you find that you have the ability to take someone on a full or part time contract, do so. It will show people that their hard work and loyalty does pay off.
Be honest regarding your requirements. A few hours a week may suit a student, but someone who has a family to support or bills to pay may find waiting around frustrating. Don’t overload with zero hours contracts as you may find that you alienate more talented individuals by playing the odds.
For more information about zero housr contracts and how best to implement them in your business please call us on 0161 603 2156.
The history of tattoos can be traced back across many cultures. From Southern India where tattoos are used as cultural symbols across tribes, to Egypt where women used them as a way of indicating status, tattoos have been around for centuries.
In the 17th century, the Japanese used tattoos as a way of marking criminals, fast forward to the 21st century and teens are getting fictional Japanese creatures tattooed on them for fun. Times have certainly changed.
Tattoos mean many things to many people, some use them to celebrate a moment, others to honour a loved one, and then there those who adorn themselves with tattoos as a way of looking cool, usually taking the form of tribal designs, barbwire or the ever popular Chinese symbol.
The benefits of ink
Besides giving people something to read and an easy way to describe someone, tattoos don’t provide much in the way of use in the workplace. Companies will have internal policies when it comes to showcasing tattoos in the workplace.
Employees in customer facing roles may be asked to cover their inking, while other companies may not have an opinion one way or the other. Often this will depend on the type of industry and the clientele they serve.
The tale of Holland, Barrett and the compass
Holland and Barrett recently chose not to hire a student due to tattoos featured on his hands and fingers which he was unable to cover. The student then did the sensible thing and ran straight to the press, complaining of discrimination…
The student in question is 18 with a tattoo of a compass on one hand and ‘STAY TRUE’ across his knuckles. Instead of pointing the finger of ‘discrimination’ at Holland and Barrett, time may be better spent asking why the 18 year old thought it appropriate to have ‘STAY TRUE’ tattooed on his hands.
Just to clarify, I’m not sure who the lad needs to stay true to, but at least he’s in no danger of forgetting to do it.
Holland and Barrett issued a statement advising they do not have an issue with tattoos they just ask them to be covered on the shop floor. Something the student would not be able to do.
On the other hand
This isn’t the only time someone who couldn’t get their way has gone to the press. In September 2015, a woman saw her job offer rescinded when the business discovered she had intricate artwork covering her fingers, hand and forearm.
Dee Set, a shopping logistics company, had offered a job role following a telephone interview, but revoked the offer when they were told about the tattoo. The woman did the only thing she could and took to social media, lambasting the company for discrimination…
Following a public backlash, Dee Set offered the woman the job but she declined.
Do either of the examples above have a case to answer for discrimination?
The short answer is no.
The long answer is that companies are able to ask employees to cover tattoos, keeping in line with company values, if they are consistent, i.e. all employees must adhere to the same rules.
Is it discrimination?
While people with tattoos may feel ostracised it is important to remember that tattoos are a choice. They are not being discriminated against due to their gender, sexual orientation, race, colour, creed, or religious beliefs.
It is common sense that certain industries would prefer a clean cut image for their employees; while very few promote a strict ban, there are many that tolerate tattoos but prefer them to be covered. If you have tattoos on your hands, neck or face you are opening yourself up to judgement that may see you miss out on certain opportunities. Reputable tattoo studios will refuse to tattoo certain areas of the body; others will talk the decision through with the client, detailing the risks of such a public piece.
What are my rights as a business?
You are well within your rights to request tattoos are covered, so long as there is a business reason behind it. If you choose to implement a dress policy that incorporates tattoos and piercings then you need to be consistent across the business.
As tattoos become more popular you are bound to meet candidates with them. Before you make a recruitment decision ask yourself whether your reason for having tattoos covered is a business reason or a personal one. Tattoos do not diminish the skill set of the individual, but it may be an issue for customer facing businesses.
Too little, too late?
As for those individuals who choose to have tattoos that aren’t easily covered, manage your expectations and don’t lash out on social media if you’re refused a position. With many companies checking social media profiles of respective candidates, you don’t want to give the wrong impression.
If you do have a tattoo that isn’t easy to cover, be honest with your prospective employer. By being open and honest you are giving a good account of yourself that could result in the business taking a chance on you.
For more information about your rights as a business when it comes to dress code please contact Opsium Employer Support on 0161 603 2156
If an employee is nearing the end of their maternity leave and preparing to return to work, it’s likely they will need to think about a number of things including childcare and flexible working hours. If the returning mother is breastfeeding they may need to discuss special dispensation within the business to accommodate this.
Returning to work
An employee returning from maternity leave, still breastfeeding, will need to put this in writing to their employer who then needs to speak to the employee to determine any individual needs they may have. If an employee plans to express milk, then efforts should be made to provide a safe, clean and private environment – i.e. not the toilet and nowhere with CCTV.
While breastfeeding is a natural process and is proven to help mother and baby bond, it is still a highly personal activity and many mothers do not feel comfortable breastfeeding outside of their home. As a business, try to make allowances for returning mothers, many will already feel apprehensive about returning to work having been out of the loop for six plus months. It takes time to acclimatise and the added intolerance and impatience of a business unwilling to assist in their return will only make things more difficult.
Support is the key
While there is no law for employers to provide a private area to express or offer flexible working hours and breaks, it is a legal requirement to provide pregnant and breastfeeding mothers an area to rest and, where necessary, lie down.
While laws are vague when it comes to breastfeeding at work, it is important to remember that support is a commodity that should be afforded to all employees. By providing employees with a good standard of care and support in the workplace you are effectively promoting an environment that values strong relationships built on trust.
World breastfeeding week
World breastfeeding week started on 1st August and this year’s theme is about how breastfeeding is a key element in getting people to value their wellbeing from the start of life, how to respect each other and care for the world we share. If you would like more information about world breastfeeding week please visit their website.
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