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.
by Emma | Mar 26, 2018 | Newsletter
Maternity pay is rising to £145.18 from April 2018.
Also on 1 April 2018, the rates of statutory paternity pay and statutory shared parental pay will go up from £140.98 to £145.18 (or 90% of the employee’s average weekly earnings if this figure is less than the statutory rate).
The rate of statutory adoption pay will increase from £140.98 to £145.18.
This means that, from 1 April 2018, statutory adoption pay is payable at 90% of the employee’s average weekly earnings for the first six weeks, with the remainder of the adoption pay period at the rate of £145.18, or 90% of average weekly earnings if this is less than £145.18.
Statutory sick pay is also increasing from £89.35 to £92.05. This increase is expected to occur on 6 April 2018.
by Emma | Mar 24, 2018 | Newsletter
The government have recently scrapped the fit for work programme that supported long-term sickness. The scheme was introduced in 2015 and will be scrapped by 31st March 2018.
The scheme was a free GP-led service that offered impartial advice to employers, where the employee was off sick for four weeks or more. However, 65% of doctors have not referred a single person under the scheme.
With employees losing an average of 30.4 productive days a year through sickness absence and under performance because of ill health, how is your business handling absence?
At ECHR we can assist you with developing an absence management policy and programme, review and manage your employees on long term sick and work with you to reduce absence in your business.
