Home » News updates and thoughts » News » Page 6

Category: News

PECR not fit for purpose ? new ban on cold calling !

ICI logo

His Majesty’s Treasury’s (HMT) consultation
‘Ban on cold calling for consumer financial services and products’ has been responded to by the ICO.

Read the ICO response here, especially if you don’t know of the PECR.

Once has to chuckle a little, as the ICO response shows, The Privacy and Electronic Communications Regulations 2003 (PECR) and GDPR already prohibit most cold calling.

The PECR is only 20 years old !

The problem is few marketeers have heard of the PECR and others just ignore the regulations. Consequently they continue to break the law. The proposed new legislations is designed to make the offence more prominent and close what small gaps that remain

Either way, Concrew Training’s course on the PECR is kept fully up to date and helps organisations of all types stay legal.

Halfords ordered to train staff in Equality, Diversity and Inclusion (EDI training)

THE LAW sign

Halfords, the UK’s largest retailer of motoring and cycling produces has been ordered to

  1. pay, an ex-employee, compensation in the sum of £24,199.45 for injury to feelings as a result of discrimination
  2. Review its Equality, Diversity and Inclusion (EDI) training programme and ensure that staff at all levels, including management, receive periodic retraining.

The above follows a long and somewhat complex tribunal appeal involving attendance, risk assessments, disciplinary action, appeals and resignation.

It provides a very useful case study for HR and Operational management; illustrating just how easy it is for issues to escalate when insufficient attention is paid to EDI

Concrew Training offer high value training in EDI for staff at all levels

Read the full case history via the links below

Judgement with Reasons May 2023

Remedy and Judgement 27 June 2023

Image:

The Law by smlp.co.uk used under CC BY 2.0

Sexual Harassment at Work – Legislation Changed

sexual harassment cartoon

In respect of the claims against the first respondent:
a. The claims of harassment are well-founded to the extent set out in the
Reasons below.
b. The claims of direct discrimination are well-founded to the extent set
out in the Reasons below.
c. The unauthorised deduction of wages claim succeeds in respect of
deduction of pension payments.
d. The breach of contract claim in respect of notice pay is well-founded.
e. The claim for holiday pay is well founded

Additionally The House of Lords reduced the “all reasonable steps” requirements to “reasonable steps”.

The net outcome remains much the same employers will need to ensure that they have clear “Not Acceptable Here” and response policies in place, that management and staff receive regular training on:

  • What Harassment and Sexual Harassment looks like
  • In house policies and procedures for behaviour and reporting
  • What to do if harassment is witnessed or experienced

The sheer number of sexual harassment cases hitting the headlines on an almost daily basis evidences just how widespread the issue is and increasing evidence of employees commencing litigation.

Without robust policies and evidence of staff training it will be difficult for employers to defend their position.

Additionally The House of Lords reduced the “all reasonable steps” requirements to “reasonable steps”.

The net outcome remains much the same employers will need to ensure that they have clear “Not Acceptable Here” and response policies in place, that management and staff receive regular training on:

  • What Harassment and Sexual Harassment looks like
  • In house policies and procedures for behaviour and reporting
  • What to do if harassment is witnessed or experienced

The sheer number of sexual harassment cases hitting the headlines on an almost daily basis evidences just how widespread the issue is and and there is increasing evidence of employees commencing litigation.

Without robust policies and evidence ofstaff trainingit will be difficult for employers to defend their position.

Image:harassment – later accusation, belated accusation, many years later by Valeriy Osipov used under CC BY 4.0

The New – Workers (Predictable Terms and Conditions) Act 2023

Concrew Training Logo

The Predictable Working Act received Royal Ascent on 19 September 2023, it introduces a right for workers to request a more predictable working pattern, intending to redress the imbalance of power between some employers and workers in atypical work, encouraging workers to begin conversations with their employers about their working patterns

More information at
https://www.gov.uk/government/news/millions-get-more-power-over-working-hours-thanks-to-new-law

Employee Rep Training – Fantastic Feedback

Concrew Training Logo

Outstanding feedback from delegates on our latest course for Employee Representatives.

It is always expected but nevertheless fantastic to read.

Examples Include:

“incredibly interesting, engaging and delivered with dynamism – Kudos”

“Very Effective and Great Quality”

“Very engaging, very well presented and managed. To learn a lot”

Preventing Sexual Harassment – Organisational Charter Example

sexual harassment cartoon

On 4 September 2023, NHS England launched its first ever sexual safety charter. Signatories commit to taking and enforcing a zero-tolerance approach to any unwanted, inappropriate and/or harmful sexual behaviours within the workplace, and to ten core principles and actions to help achieve this.

https://www.england.nhs.uk/long-read/sexual-safety-in-healthcare-organisational-charter/

Clear “Zero Tolerance” charters, policies and procedures coupled with regular update training for managers and staff on what sexual harassment looks like and how to respond to it are essential for all businesses.

The NHS charter is an excellent example of what all businesses and organisations show have in place.

Concrew Training’s courses on preventing sexual harassment at work can be adapted to train staff at all levels.

Image: harassment – later accusation, belated accusation, many years later by valeriy osipov used under CC BY 4.0

ICO latest guidance on emails

“Failure to use BCC correctly in emails is one of the top data breaches reported to us every year” say the ICO.

The Information Commissioner’s Office (ICO) has today issued a warning to organisations to use alternatives to the blind carbon copy (BCC) email function when sending emails containing sensitive personal information.

Read the full ICO publication HERE

ICO consultation on biometric data guidance

ICO Logo

“The Information Commissioner’s Office (ICO) is producing guidance on biometric data and biometric technologies.

The first phase of this guidance (draft biometric data guidance) is now published for public consultation.

The second phase of this guidance (biometric classification and data protection) will include a call for evidence early next year.

The draft biometric data guidance explains how data protection law applies when you use biometric data in biometric recognition systems.

The ICO consultation will run from 18 August to 20 October 2023.”

The above extract is from the ICO website for more information

Ian Hirst
20 August 2023

Fullers train staff about sexual harassment

unacceptable behaviour cartoon

Thousands of workers at Fuller’s will receive training to prevent sexual harassment, following a legal case supported by the Equality and Human Rights Commission (EHRC).

As part of the settlement, Fuller’s has apologised to the employee and agreed to implement mandatory sexual harassment training for kitchen and front of house staffacross their national network of pubs.

read more about this on the EHRC website

This case coupled with the issues at MacDonald’s illustrates why all employers need to consider sexual harassment for all staff as mandatory.

HR and operational teams need to ensure robust “not here” policies are in place and that they have the skills and knowledge to deal with issues, robustly, when the they arise.

Our courses can help.

Main Image:harassment – later accusation, belated accusation, many years later by valeriy osipov used under CC BY 4.0