Answers to some questions you may have about the GDPR 

Following on from the last two podcast episodes (89 and 90) I round off this mini series on the GDPR and provide you some of the questions that have arisen in discussion and from my own enquiries for my business.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can becostly. In this podcast I bring you questions and answers to some questions you may have.

In this episode I will cover answers to the following questions:

• Does the GDPR apply to information held about a business?
• Are there extra considerations if we employ children?
• Do all businesses need a data protection officer?
• Who needs to know about the GDPR in my business?
• Do I need to delete all old employee information I have?
• If I only keep paper records does the GDPR still apply?
• If we use software to hold employee data what do we need to do about this?
• Is it necessary to have consent in all cases if we are holding and processing data?

Action Points

1. Listen to the podcast and follow the action points;
2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
3. Sign up for updates and alerts from the information commissioner;
4. Diarise time to take action on the GDPR;
5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

As an employer what actions should you be taking to comply with the GDPR 

Following on from the last podcast (episode 89) I continue to provide you with an overview of the 'GDPR' and what you will need to know as an employer.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I bring you an action list to get started on ensuring your business is compliant with the GDPR from an employers perspective.

In this episode I will cover:

• Consent issues for employers;
• Actions you should take and why;
• Ways in which you can simplify your compliance with the GDPR.

Action Points

1. Listen to the podcast and follow the action points;
2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
3. Sign up for updates and alerts from the information commissioner;
4. Diarise time to take action on the GDPR;
5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Do you know about the GDPR & your requirements as an employer? 

If you are an employer or business owner you will have undoubtedly heard the word 'GDPR' around generally, normally followed by a bit of confusion and concern. The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I begin a mini-series bringing you an overview of the GDPR from an employers perspective. Following this podcast will be at least one, possibly two further episodes on the GDPR and a free checklist for Employers.

In this episode I will cover:

• An overview of the introduction of the GDPR;
• The deadline for compliance;
• The consequences of non compliance;
• A background to its application in the UK and EU;
• What data it applies to;
• How you may legally justify holding and processing data;
• How you can gain consent from employees to holding their data;
• What information you must provide to employees about their data and data rights;
• What an employee's rights are when it comes to their personal data;
• Changes to the Subject Access process and rules;
• How you must demonstrate your compliance with the GDPR;
• Advice about appointing a data protection officer;
• Obligations to report a data breach;
• Where you can go for more information.

Action Points

1. Listen to the podcast and future episodes about the GDPR;
2. Contact us for a free checklist (available after the 20th November 2017);
3. Sign up for updates and alerts from the information commissioner;
4. Diarise time to take action on the GDPR;
5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

What is Sexual Harassment? & How does the law protect people in the UK?

Following recent news about the long running and high profile allegations of sexual harassment against Harvey Weinstein in the US there has been a lot of coverage in the media about sexual harassment and harassment in the workplace. With this coverage has been the social media campaign #metoo where women who have been subject to some form of harassment are using the hashtag in their social media to highlight the issue. I thought that it would be a good time to cover what the law in the UK says about sexual harassment and to provide an update for employers to help understand responsibilities and how to  ensure the culture in your workplace does not allow this kind of behaviour to take place.

In this episode I will cover:

• The law in the UK regarding sexual harassment;
• The legal test for establishing sexual harassment;
• Some case examples of what constitutes sexual harassment at work;
• Some tips and hints to prevent issues arising;
• How to ensure that this culture does not develop in your organisation.

Action Points

1. Act quickly if faced with allegations or suspicions of such behaviour;
2. Be clear on the type of behaviour that is acceptable in your organisation;
3. Have a clear policy on acceptable behaviour and methods or reporting;
4. Deal with any allegations or issues seriously.

Useful Links

BBC 5 Live survey Results & Report: Here

Equality Act 2010

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Examples of cases involving suspension at work

Following the last two episodes in which I covered suspending employees, I have compiled some cases involving suspension at work to give you some examples of the facts and circumstances.

In this episode I will cover:

• Camden and Islington Mental Health and Social Care Trust v Atkinson UKEAT/0058/07
• Gogay v Hertfordshire County Council - Court of Appeal 2000;
• Mezey v South West London & St George's Mental Health Trust - Court of Appeal;
• Milne v The Link Asset & Security Company Limited - Employment Appeal Tribunal;
• Shipstone v Leicestershire County Council - Leicester Employment Tribunal.

You can review Employment Tribunal Judgement that have been published here: https://www.gov.uk/employment-tribunal-decisions

Action Points

1. Seek advice about the particular circumstances, every case is different;
2. Review the suspension checklist before suspending, in the same way as you would for any other conduct issue;
3. Take care not to make snap decisions or judgments;
4. Listen to the two earlier episodes on suspension here 85 and 86.

Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

What are an employers options when an employee is charged with a criminal offence? Should they suspend indefinitely? 

Following the last episode in which I covered suspending employees I have been contacted by a listener who raised some great questions about suspending employees when there are criminal allegations either related to work or behaviour outside of work to take into consideration.

This is certainly an issue that arises fairly frequently and often employers do not know what to do and feel that they have no choice but to suspend the employee on full pay pending the outcome of the criminal case.

In this episode I will cover:

• The difference in approach depending on the facts of the case;
• Why it may not be appropriate to suspend and/or dismiss an employee for criminial conduct outside of work;
• The importance of following a fair and reasonable internal disciplinary procedure;
• What to do if an employee refuses to answer questions or is advised not to attend an investigation meeting;
• Circumstances in which you do not have to wait for the employee to attend a disciplinary meeting;
• General principles for suspension and disciplinary decision making.

Action Points

1. Seek advice about the particular circumstances, every case is different;
2. Review the suspension checklist before suspending, in the same way as you would for any other conduct issue;
3. Take care not to make snap decisions or judgments;
4. Listen to the unfair dismissal mini series which you can find here: 36 and 37

Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Suspension Checklist

We are contacted on an almost daily basis by employees who have been suspended from work and often it is as a result of poor communication or poor planning and consideration. Many employers believe that suspending an employee is a neutral act and there is no risk in suspending whilst disciplinary issues are investigated, however several cases have shown that this is not the case and employers need to take care when suspending employees. Most recently I reported a case where it was ruled that it was unlawful for the employer to suspend the employee. You can read the full details here: CLICK HERE

In this episode I will cover:

• A checklist for you to go through before suspending employees;
• Guidance on what you should tell the employee when you suspend;
• Why it is important to take care when suspending.

Action Points

1. Get in touch to get your copy of the free suspension checklist, email suspension@realemploymentlawadvice.co.uk

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Employment Law & HR issues in the news

Normally when I talk about a case on the podcast it is because it has importance from a legal perspective, usually it has been reported in legal journals and websites and the main issue covered is the point of law. This week there have been three employment issues in the popular press which I thought you may be interested to hear about.

They do not bring anything 'new' from a legal perspective but the facts are interesting and they provide good examples for employers on how not to deal with issues that arise.

In this episode I will cover:

• A first for McDonald's staff who have taken the decision to strike at two restaurants in the UK;
• Two male police officers who between them have been awarded £96,000 compensation for victimisation;
• A Royal Mail worker who successfully claimed constructive dismissal when his hours were changed without his agreement.

Action Points

1. Ensure that your staff and managers have training about equality and diversity issues;

2. Take care when changing employee hours particularly if it impacts on their childcare or caring responsibilities;

3. Seek advice when you receive a flexible working application before making the decision;

4. Continue to treat your employees reasonably and within the law and you will have much less chance of a dispute arising;

5. Seek advice about employment law and HR best practice from a professional who is experienced in this area of law.

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

No more fees in the Employment Tribunal

Undoubtedly you will have heard in the news or online about the Supreme Court decision that the introduction of Employment Tribunal fees for employees to make a claim is unlawful and as a result effective immediately employees will not have to pay the £160 or £250 fee for making a claim. In this episode of the Podcast I bring you a summary of the decision and my views on the outcome and the future for the Employment Tribunal.

In this episode I will cover:

• Background into the introduction of fees and reason for them;
• The impact of fees on employees and the number of claims;
• Why Unison challenged the introduction of fees;
• Summary of the Supreme Court reasons for the decision;
• What is currently happening with employment tribunal claims;
• What may happen next.

Action Points

1. Don't panic about the 'floodgates' being opened and a flurry of claims against your business;

2. Ensure that you stay informed of the latest developments, you can sign up below for our free newsletter;

3. Continue to treat your employees reasonably and within the law and you will have much less chance of a dispute arising;

4. Seek advice about employment law and HR best practice from a professional who is experienced in this area of law.

Useful Links & Case References

An interview with Juliette Chan 

Although my focus is on the law and the legal side of employing people I am very interested in and enthusiastic about ways in which my clients can be the best employers and get the most out of their people. After meeting Juliette at a networking group on the Isle of Wight I was really interested to hear about her work and the ways in which this can help employers and employees deal with work related issues. Juliette kindly agreed to be interviewed and I hope you will agree has provided some interesting insights into grief, loss and how it relates to work.