We have now updated our course on preventing sexual harassment at work to include greater coverage of The Worker Protection Bill 2022-23, an Amendment to the Equality Act 2010. More details at Preventing Sexual Harassment Training Course Image: harassment – later accusation, belated accusation, many years later by valeriy osipov used under CC BY 4.0
The simple act of posting a Staff, Employee, Team list on your website may breach data protection legislation. Most organisations will need to be able to evidence consent from all those who have their names listed and in situations where vital interest or public duty is relied on you will need to be able to evidence that it is “necessary”, easier said than done we suspect. The GDPR (General Data Protection Regulations) require organisations to justify how and why they use data. In simple terms this means the organisation needs to identify and record the purpose and legal basis for processing all personal data. Most of the lawful bases for processing depend on the processing being “necessary”. This does not mean that processing has to be absolutely essential. But the processing must be more than just useful, and more than just standard practice. It must be a targeted and proportionate way of achieving a specific purpose. The lawful basis will not apply if you can reasonably achieve the purpose by some other less intrusive means, or by processing less data. The lawful basis for processing must be established BEFORE the processing takes place and recorded Most organisations publish team lists on their website to make their organisation appear more attractive to potential customers. Basically, a marketing and promotional activity which will require consent to be given by each member of staff whose name is listed; or the requirement to have their name listed on the website written into their contract of employment. Some organisations may consider there to be a vital interest or public duty benefit, for example safeguarding, that allows them to publish names and photographs WITHOUT consent. We consider this a high risk strategy because the processing needs to be “Necessary” (see above). We know of no inherent legal duty to publish team lists on web sites. Factoring in the risks posed by publishing teams lists makes it difficult to see how publishing names for the whole world to see is necessary. For example: stalking and phishing or the increased risks posed to those who have escaped domestic abuse (8% of women suffer abuse at home) Even if it could be evidenced as proportional; “Necessary” also demands that there be no other less intrusive way of achieving the same outcome. The ease with information such as “Team lists” can be issued direct to service users undermines the “no less intrusive method” argument. In simple terms we consider opt in consent to be the only GDPR compliant route for publishing Teams lists on websites. Ultimately, a legal ruling will be required before total clarity is establish but can your organisation afford to take the chance? More interesting points of discussion in our one day courses on GDPR and PECR
McDonald’s signs a legal agreement with EHRC to protect staff from sexual harassment. The new Worker Protection (Amendment of Equality Act 2010) Bill 2022-23 means the preventing sexual harassment at work will soon be at the of of every HR managers priorities. Training from Concrew can be a big help in meeting the new legislation. Example course McDonald’s Restaurants Limited has signed a legal agreement with the Equality and Human Rights Commission (EHRC) in response to concerns about the handling of sexual harassment complaints made by staff in its UK restaurants. Under the legal agreement with the EHRC (known as a section 23 agreement under the Equality Act 2006), McDonald’s Restaurants Limited has committed to: communicating a zero tolerance approach to sexual harassment conducting an anonymous survey of workers about workplace safety enhancing policies and procedures to prevent sexual harassment and improve responses to complaints delivering anti-harassment training for employees introducing specific training and materials to help managers identify areas of risk within their restaurants and take steps to prevent sexual harassment supporting the uptake of policy and training materials by franchisees within their independent organisations to support reporting of sexual harassment monitoring progress towards a safe, respectful and inclusive working environment Read more here Systems, Procedures, Training for Staff and Management play a big part. All Employers need to embed this as annual training now. Concrew Training can help
Worker Protection (Amendment of Equality Act 2010) Bill 2022-23 This legislation creates new legal liabilities for employers by treating an employer as harassing their employee if the employee is harassed in the course of their employment by third parties (such as customers or clients) and the employer fails “to take all reasonable steps to prevent the third party from doing so”. It also creates a new corresponding duty on employers to “take all reasonable steps to prevent sexual harassment” of their employees in the course of their employment. This duty will be enforced by the Equality and Human Rights Commission (EHRC) but employment tribunals would also be allowed to apply an uplift of up to 25% to employees’ compensation in sexual harassment cases where the employer had failed to uphold this duty. This law is effectively an addition to the Equality Act 2010 passed by the Labour Government (1997 to 2010) in that it restores the original proactive and preventive duties removed by the Coalition Government (2010-2015). Senior Leadership and HR teams need to start preparing NOW. The legislation will takeeffect one year after it receives Royal Assent. This is currently expected to be 2024. Whilst this may seem a long way off embedding change takes time and no organisation can afford to wait till the legislation is in place before they take measures to ensure their policies, approach and above all staff behaviour is robust. Senior Leadership and HR teams needs to work proactively to ensure: Policies and proceduresto support the implementation of the regulations are in place and understood by all. The organisation has the skills and experience in place to risk assess and audit current performance both in house and throughout their supply chain. That staff, clients/customers are well aware of their specific responsibilities and potential liabilities for breaches. That all levels of management: Understand the tangible links with other types of harassment as defined in the Equality Act Fully appreciate that other civil and criminal laws can be invoked by a victim of harassment including those dealing with health, safety & well-being as well as “hate crimes” or those dealing with incitement and/or personal injury Know where to obtain further advice, information and support. All of the above will demand new processes, training and development to be put in place for all levels of management and staff. Indeed the senior leadership and HR teams may themselves benefit from attending CPD sessions. Concrew Training will be pleased to assist where required. Concrew Training February 2023
What’s on the horizon for 2023 – see below. Our courses are updated to reflect the latest situations each time they run. Remaining BREXIT clear out of European laws on employment and other work issues. Strikes (Minimum Service Levels) Bill Harassment Protection Bill 2022-23 Protection from Redundancy (Pregnancy and Family Leave) Bill 2022-23 Carer’s Leave Bill 2022-23 Neonatal Care (Leave and Pay) Bill 2022-23 Employment Relations (Flexible Working) Bill 2022-23 Employment (Allocation of Tips) Bill 2022-23. Workers (Predictable Terms and Conditions) Bill 2022-23 Fire and Re Hire Statutory Code Changes to Pro-rata holiday entitlement for part-year and irregular hours workers Just a quick reminder about these important dates from April:- 1 April– National Minimum Wage: Annual increases in force. National Living Wage increases from £9.50 to £10.42. 2 April– Statutory pay rates: Statutory maternity, paternity, adoption and shared parental leave pay rates increase from £156.66 to £172.48. 6 April– Statutory pay rates: Statutory Sick Pay increases from £99.35 to £109.40. 6 April– Employment Tribunal awards: Annual increase expected. 8 May– Extra Bank Holiday The last one -8th May – represents anextra Bank Holiday to mark the coronation of King Charles III. As with other bank holidays, there is no statutory entitlement to time off, but employers may include bank holidays as part of a worker’s leave entitlement. Whether employees who work on this bank holiday are entitled to additional pay for the day, or to reclaim the leave, is a matter for discussion between employees and employers. Employers may wish to consider that schools will be closed, so many parents will have to make alternative childcare arrangements to work on the day.
The ICO web site contains a raft of free information, advice and guidance on data protection, GDPR and PECR. For those who prefer a more personal approach our one day courses highlight all the key information in a more enjoyable and interactive way.
January 2023, looks like the recession may be easing because Concrew Training is in undated with enquires. We still have a few slots left for February 2023, first come first served, so to speak. Ian Hirst
After a TUPE transfer, it’s likely that those staff who have moved to the new employer will have different terms and conditions to the employees who already work for the new employer. What can be done about it? Staff do not have an automatic right to the same terms and conditions as existing employees. Employers are expected to adhere to the new staff’s existing terms and conditions. Operationally this is a challenge. Employers may find their workforce is employed under a wide range of very different terms and conditions. Employees who transferred in several years ago may find that the employers terms and conditions have moved on whilst there own have remained static. Employers may find it desirable to ‘harmonise’ their employees terms and conditions, that is to say change them so all staff, doing equal roles, work under the same terms and conditions. Employers can do this if it improves the terms and conditions of staff involved. If changes to contracts are needed and the changes are needed for a reason that is not related to a TUPE transfer then this too may be possible. HR teams and staff involved in TUPE transfers need to understand the process fully. Our courses for HR teams and Employee representatives are essential for all those involved in TUPE transfers.
Our Menopause Awareness Training Prices start at just £395+vat, for a group of up to 14 people, all our training is delivered live – No hidden catches. With prices this low all businesses and organisations can afford to train key HR and Operational Managers about the Menopause and what can be done to support staff better. Find out more here >>>>
Unbelievable value, our range of £395 taster courses has been extended, and, each course now lasts 3 hours! £395 to train 14 people !!! Thats under £30/person, for live training. New topics include: Menopause Awareness PECR/GDPR Breach Prevention Introducing Employee Representation into the Business/Organisation Popular existing taster courses include: Preventing Sexual Harassment at Work (Module 3) Gender Pay Gap Calculations GDPR Essentials PECR Essentials Key features include: Just £395+vat Up to 14 people can attend for the above price 3 hours long Each course delivered live by a subject specialist Delivered on your Video Conferencing Platform (Teams/Zoom/Etc Delivered at mutually convenient times CPD certificates issued in PDF format Our 12 month advice service included FOC
