Newsletter Issue 98

Data Protection: ICO blog: advice for organisations in relation to a possible no-deal Brexit
Employment: Dismissing an employee in receipt of long term disability benefits; Whether an independent professional expert was required on the disciplinary panel to address certain allegations of misconduct; The Good Work Plan outlines key changes to employment law rights
Governance: Companies House: incorporation applications to be checked for compliance with UN financial sanctions; BEISC Report recommends measures to address SME productivity; First Minister of Scotland’s Advisory Group on Human Rights Leadership publishes recommendations
Commercial: Student accommodation survey report highlights mental health
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Data protection: ICO blog – advice for organisations in relation to a possible no-deal Brexit

In a blogpost published on 13 December 2018, the Information Commissioner Elizabeth Denham sets out information for organisations, to help them prepare for the possible event of a ‘no-deal’ Brexit. The Information Commissioner said that, in view of the UK government’s intention that the GDPR will be absorbed into UK law at the point of exit, there would be no substantive changes to the data protection rules that organisations currently need to follow. In the Information Commissioner’s view, however: organisations that ‘rely on transfers of personal data between the UK and the European Economic Area (EEA) may be affected’ if the UK leaves the EU ‘without a withdrawal agreement that specifically provides for the continued flow of personal data’ although the UK government has made clear its intention to permit data to flow from the UK to EEA countries, transfers of personal data from the EEA to the UK will be affected The Information Commissioner refers organisations to the ICO’s ‘six steps to take’ guide, broader ‘guidance on the effects of leaving the EU without a withdrawal agreement’, and a general overview in the form of ‘Frequently Asked Questions.’  She also suggests that, where relevant, organisations should consider putting in place Standard Contractual Clauses (interactive guide available here) to facilitate transfers of personal data from/to the EEA. The blogpost states Read Full Article…

Employment: The Good Work Plan outlines key changes to employment law rights

This week the Government has published the final version of The Good Work Plan.  This follows on from the Taylor Review of Modern Working Practices and four subsequent Government consultations.  The key aims of The Good Work Plan are to: ensure work is ‘fair and decent’ and not exploitative, improve clarity in working relationships, and strengthen the enforcement system. To this end the Government will bring forward legislation to achieve the following: Workers with variable working hours (such as zero hours workers) who would like more certainty will be able to request a more fixed working pattern from their employer after 26 weeks of service. To help workers who are engaged intermittently with gaps in service accrue more employment rights that are linked to length of service.  A four week gap between employment with the same employer will be needed to break continuity of service rather than a one week gap. It will no longer be possible to implement an existing derogation that allows agency workers to surrender their right to equal pay with non agency counterparts after 12 weeks. A ban on employers from making deductions from staff tips. The holiday pay reference period will be increased from 12 to 52 weeks. A reduction in the threshold required for a request to set up information and consultation arrangements from Read Full Article…