by Emma | May 8, 2018 | Newsletter
With 25th May in sight, we have highlighted the key things you need to know:
- Sensitive personal data under the Data Protection Act 1998 is replaced under the GDPR with “special categories of data”. For the first time this includes genetic and biometric data, as well as continuing to apply to data about health, ethnic origin, sexual orientation and sex life, religious and philosophical beliefs and political opinions, trade union membership, and in the UK, criminal offences.
- The criteria for giving valid consent are stricter and individuals can withdraw consent at any time. Employers are unlikely to find that they are able to rely on consent for processing data. Instead, employers will need to identify other lawful bases for processing personal data.
- Your data protection approach must be tailored to your organisation and your workforce, and crucially you must be able to demonstrate compliance.
- The GDPR increases the amount of information that must be included in privacy notices for them to be legally compliant. They need to be drafted in plain and clear language to meet fairness and transparency requirements. Privacy notices will not just be required for employees, but also consultants, workers, non-executives and board members and also applicants and volunteers.
- You can no longer charge a fee for subject data requests, and instead of 40 days to comply with a request, the time limit for compliance reduces to one month.
- Individuals will have greater rights, including rights to request to be forgotten or to restrict processing, and the right to data portability.
- All data breaches must be recorded, and most breaches reported to the Information Commissioner’s Office within 72 hours.
by Emma | May 2, 2018 | Newsletter
Injury to feelings claim band increases:
For claims presented on or after 6 April, the following bands will apply:
- £900 to £8,600 for less serious cases;
- £8,600 to £25,700 for cases that do not merit an award in the upper band;
- £25,700 to £42,900 for the most serious cases.
The most exceptional cases will be capable of exceeding £42,900
Also for a termination of employment on or after 6 April 2018, new rules apply to the way in which termination payments are taxed. Injury to feelings payments for discrimination unrelated to the termination can still be paid tax-free, but payments for injury to feelings connected with termination will only be exempt from tax if they relate to a psychiatric injury or other recognised medical condition Disability:
Following a couple of case decision you will need to be aware that a pre-cancerous condition may well be covered by the Equality Act 2010, and will therefore constitute a disability. Meanwhile, it will come as a relief to know that an employee’s belief that they are disabled will not be enough to deem knowledge of a disability on the part of the employer.
Data Protection Bill:
By now business should be well aware that The General Data Protection Regulation (GDPR) is coming into force on 25 May 2018. It is intended to provide a comprehensive package to protect personal data. It will supplement the GDPR, implement the EU Law Enforcement Directive, as well as extend data protection laws to areas which are not covered by the GDPR. It applies GDPR standards but it has been amended to adjust those that would not work in the national context.
Once the UK leaves the EU, the Bill will help ensure that the standards of the GDPR are enshrined in UK law.
Notice of termination case: The Supreme Court has held that, if there is no express contractual provision in the contract of employment, written notice of termination served by an employer does not take effect until the employee has read it or had a reasonable opportunity of doing so.
The date that notice is deemed to take effect can have significant financial implications and employers therefore may want to consider including an express clause in their contracts of employment to be specific about when notice takes effect.
by Emma | Apr 24, 2018 | Newsletter
Following the decision to scrap tribunal fees, it’s no surprise to hear that tribunal claims are already up by 90%.
Many employees thought twice about putting a claim in when they had to pay fees, however with no fees to pay it seems employees are likely to “just give it a go”.
If you need assistance with any claims, or think that you may have a potential claim coming your way, then please contact us now.
by Emma | Apr 16, 2018 | Newsletter
As with all processing of personal data, in order to market your goods and services, the GDPR requires that your organisation has a lawful basis for such processing. Consent must be unambiguous and given either through a statement or clear affirmative action. It cannot be inferred from silence, pre-ticked boxes or inactivity.
The GDPR requires organisations to be transparent with individuals about what they are using their data for, how it might be shared, the legal basis for processing their data, and how long it will be kept.
If your organisation is sending unsolicited direct marketing by electronic means then you must comply with PECR (as well as the GDPR).
PECR
As set out above, electronic means include telephone calls (both live and automated), faxes, emails, text messages and other forms of electronic message. In addition to the sale of products and services “direct marketing” also covers the promotion of aims and ideals. Different rules apply to different types of communication, and also depend on whether your organisation is marketing to an individual or a business.
Business to individual customers marketing
Telephone
If you are marketing by telephone and on the condition that the individual is not listed on the Telephone Preference Service (TPS) you can call without consent as long as that person hasn’t objected to your calls in the past. On the contrary, in relation to automated calls, you must first obtain specific consent before undertaking any marketing using this method.
Texts and emails
PECR makes it clear that organisations must not send marketing texts or emails to individuals without their specific prior consent. However, there is a limited (but useful) exception for previous customers which is known as the “soft opt-in”. The soft opt-in applies where an individual bought something from your organisation recently and during that process gave you their details and did not opt out of marketing messages. In that regard it can be concluded that they are probably happy to receive marketing from your organisation about similar products or services even if they haven’t specifically consented. However, it is important to give them a clear chance to opt out (both when you first collected their details, and in every message you send).
Accordingly, whilst the soft opt-in rule means you may be able to email or text your own customers it does not apply to new customers or contacts.
Faxes
In the event that your business wants to market via fax then the consumer must have given specific consent.
Business to business marketing
It is important to remember that when marketing to sole traders or partnerships, the rules governing Business to individual customers apply (as set out above).
Telephone
As with individuals, organisations can market using live calls as long as the target is not a member of the Corporate Telephone Preference Service. In relation to recorded calls, the individual within the business must have given their specific consent.
Emails or texts
Whilst PECR allows you to market to an organisation by email or text it is good practice to provide an opt out option. Further, individual employees can explicitly opt out.
Faxes
Organisations can send marketing faxes to companies (or other corporate bodies) without consent, unless the fax number is listed on the Fax Preference Service (FPS).
by Emma | Apr 3, 2018 | Newsletter
Wagamama issues branded t-shirts out to all staff members, but asks that they team them with black skirts or trousers, which they have to pay for themselves.
Making staff pay for the uniform themselves was in breach of national minimum wage legislation.
(However, if the employee chooses to buy additional items that won’t reduce the minimum wage.)
If you have any questions regarding your dress code, or would like a dress code then please contact us now.
