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Employment Law

Legal lightbulb – people law, policy, and practice

Posted on: September 7th, 2022 by Halborns Limited

As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.

Changes to right-to-work checks

Covid-adjusted right-to-work checks will end on 30 September 2022. This means that from 01 October 2022 you will no longer be able to conduct checks remotely (via video call, for example) or by using scanned documents. From 01 October you will need to either:

  1. Carry out checks in person ensuring the employee is providing original, untampered documents, along with taking and storing a signed and dated copy of the document/s.
  2. Carry out online checks via an Identification Service Provider (IDSP). IDSPs will check the passport of British and Irish nationals on your behalf. The Home Office stated that a full list of IDSPs will be released in time for 01 October.

Update on the four-day working week trial

With a UK trial into the benefits of a four-day working week well underway, some employers taking part have shared their insight. Participants have seen increases in productivity and work rate since starting the trial, on top of being able to make themselves more appealing to new recruits in a challenging recruitment market. Cutting down commuting time was also a big individual and environmental bonus with one firm calculating that 664 tonnes of carbon could be saved annually with fewer journeys to their site.

Whilst the concept seems to work for most, participants note it requires realism and flexibility. If you have peaks in the year for example, securing employees’ agreement to return to a ‘normal’ five-day week to manage workload might be required during those times. The trial ends in November and we’ll update you when the findings are released.

People dates for your diary 

10 October – World Mental Health Day

10-14 October – National Work Life Week

18 October – World Menopause Day

31 October – 04 November – Fertility Awareness Week

 

This update is accurate on the date it was sent (07 September 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Data protection – pt.2 introducing new tech?

Posted on: August 3rd, 2022 by Halborns Limited

Our previous update provided a reminder of why it’s important to ensure you’re assessing the impact of new tech or contracts and what’s involved – here’s how to ensure data impact assessments are a prominent part of your processing practices.

Record keeping – The ICO (Information Commissioners Office) like evidence. If you’re on the unfortunate side of a data breach and ICO investigation, providing impact assessment records for new tech or processing practices will help you to avoid fines.

Training – ensuring your teams know how, when and why impact assessments are required embedding them as part of your data protection culture and making sure they’re being used.

Procurement processes – make sure you have a process in place so that the colleague ultimately signing off on the new tech investment or contract can check that an appropriate impact assessment has been done and actions followed up.

We can support you with the tools and training to ensure you’re creating and using robust data protection practices – get in touch to find out more.

 

This update is accurate on the date it was posted (24 August 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Data protection – pt.1 introducing new tech?

Posted on: August 3rd, 2022 by Halborns Limited

Thinking about introducing new tech or a contract where you or a third party are processing personal data? You’ll need an impact assessment!

Impact assessments are seldom used but are incredibly important (especially if you suffer a data breach) – here’s a reminder of what an impact assessment involves:

Identification – calling out the specific personal data your new tech or contract will be processing and how it’ll be used.

Security and safeguards – evidencing that you’ll ensure data isn’t processed beyond the purpose it was gathered, how it’ll be kept up to date, where (if anywhere) it’ll be transferred and how any potential risks to individuals’ privacy will be mitigated (restricting access, anonymisation, for example).

Action and follow-up – it’s one thing to identify potential data risks in your assessment, but a thorough and robust process will capture the actions needed to address or minimise those risks. Make sure you have a record of all follow-ups.

Our data protection toolkit contains a template impact assessment and guidance on creating robust data processing practices – get in touch to find out more.

 

This update is accurate on the date it was posted (17 August 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Avoiding holiday headaches

Posted on: August 3rd, 2022 by Halborns Limited

After August there may still be some employees who are sitting on holiday entitlement – here are a few suggestions to avoid holiday headaches as we progress through the year.

Regular reminders – if you often find you have a build-up in the final months of your holiday year, communicate early how you’d like employees to approach booking time off between now and then. Remember that time off is also a health and safety requirement under the Working Time Regulations so remind colleagues this is also an opportunity to rest and recharge!

Buy-back – provided it doesn’t take an employee below the statutory minimum of 5.6 weeks’ holiday, you can offer to buy back holidays if it’s proving difficult for employees to fit them in before the end of your holiday year.

Reluctant holiday-makers – perhaps the last resort, but don’t forget that you have the right to require employees to take holiday by giving them twice as much notice as the holiday you’re asking them to take (or whatever is in their contract).

If you need advice or support in managing potential holiday headaches, Intelligent Employment is here to help – find out how. 

 

This update is accurate on the date it was posted (03 August 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Legal lightbulb – people law, policy, and practice

Posted on: July 28th, 2022 by Halborns Limited

As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.

Proposals for paid leave following miscarriage

A new Bill has been put before parliament proposing three days’ paid leave for parents who have experienced miscarriage, ectopic or molar pregnancy before 24 weeks. No such rights currently exist. We’ll keep you updated on the progress of the Bill.

Government menopause proposals

The government have confirmed they will be helping businesses to communicate the support available for those affected by menopause. In addition, a Health and Wellbeing fund for smaller businesses will be available. Separately, they have also confirmed that menopause will not be made a protected characteristic under the Equality Act 2010.

Tribunal decision on ethical veganism

A tribunal has confirmed that it is possible for ethical veganism to be protected as a genuine philosophical belief under the Equality Act 2010. However, that protection doesn’t extend to employees who break the law in the name of their beliefs.

People dates for your diary

15 September – Pension Awareness Day

19-25 September – Recycle Week

10 October – World Mental Health Day

10-14 October – National Work Life Week

18 October – World Menopause Day

 

This update is accurate on the date it was sent (28 July 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.