Newsletter Issue 101

Data protection: Tribunal decides on ICO Information Notice under DPA 2018
Commercial agreements: BEIS call for evidence on the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Employment: Government consultation on confidentiality clauses and workplace harassment or discrimination
Governance: Small businesses and productivity: Government response to the Business, Energy and Industrial Strategy Committee’s Report
Bribery Act 2010: post-legislative scrutiny
FAQ: Governance: Is there any guidance on how to make a ‘modern slavery statement’ under section 54 (Transparency in Supply Chains) of the Modern Slavery Act 2015?
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Newsletter Issue 100

Governance: EHRC ‘Freedom of Expression’ guide for HEIs; No Deal Brexit guidance for HEIs
Charity: IoF issues new guide on telephone fundraising; FPS: shorter timescale for suppression requests
Employment: GEO gender pay gap guidance; Consultation on extending redundancy protection for women and new parents
Procurement: New Brexit guidance and further regulations
FAQ: Procurement What is the GPA? Read Full Article…

Governance: EHRC ‘Freedom of Expression’ guide for HEIs

On 2 February 2018, the Equality and Human Rights Commission (EHRC) published a guide on Freedom of Expression for Higher Education Providers and Students’ Unions in England and Wales (the Guide).  In its introduction, the guide states that it ‘provides practical advice on how to protect free speech and makes it clear to students what they should expect from their institutions’.  The guide is aimed principally at: governing bodies of universities and other higher education providers students’ union trustees It states that it may also be of interest to others including academic staff, students’ union elected officers, individual students and speakers. In 2017, the House of Commons and House of Lords Joint Committee on Human Rights held an inquiry into the state of freedom of speech in UK universities.  It was found that: ‘…while restriction of freedom of expression was not a widespread issue, there were concerns around increased bureaucracy, and potential self-censorship from students on campus as a result of the Prevent duty guidance. They also flagged intolerant attitudes and violent protest as potential obstacles to free speech, as well as a potential conflict in interpretation and grey areas in some existing laws and guidance.’ (see page 5 of the Guide) Following concerns raised by the inquiry, in May 2018 the Minister of State for Universities, Science, Research and Read Full Article…

Charity: Institute of Fundraising issues new guide on telephone fundraising

On 13 January 2019 the Institute of Fundraising (IOF) published guidance for charities and fundraising professionals titled A Good Call: using the telephone for successful fundraising. The IOF guidance aims to provide recommendations on best practice in the context of telephone fundraising, including selecting commercial partners, and data protection compliance. The guidance is set out in two parts: The first part provides recommendations on the purpose and content of conversations that fundraisers may have with existing and potential supporters.  The topics covered include eligibility for gift aid, record-keeping and legacy and event fundraising.  There is a dedicated chapter on inbound calls. The second provides information on how to plan and prepare for fundraising telephone campaigns.  This includes recommendations on strategy, delivery, including working with third parties such as telemarketing agencies, call monitoring specialists and data suppliers, and data protection compliance. The guidance contains a number of flowcharts aiming to help charities and fundraising professionals decide whether they have a legal basis for making unsolicited marketing and administration calls.  It also provides a compliance checklist, together with a table of relevant resources. Fundraising across the charitable sector in England, Wales and Northern Ireland is regulated by the Fundraising Regulator. Charities registered in Scotland only are overseen by the Office of the Scottish Charity Regulator (OSCR), and relevant fundraising activity and complaints Read Full Article…

Employment: Government Equalities Office – guidance to help employers tackle gender pay gap

On 8 February 2019 the Government Equalities Office (GEO) published two sets of guidance titled Eight ways to understand your gender pay gap and Four steps to developing a gender pay gap action plan.  According to the GEO, these publications aim to assist employers with tackling gender pay gap issues. The new guidance follows the publication in January 2019 of a GEO research report titled Employers’ Understanding of the Gender Pay Gap and Actions to Tackle it: research report on the 2018 survey.  The report provided results from a 2018 research exercise which was concluded shortly after the deadlines for employers in England, Wales and Scotland to publish their first set of gender pay gap (GPG) data under the Equality Act 2010 (Gender Gap Pay Information) Regulations 2017.  It consisted of a telephone survey of 900 employers (each with 250+ staff), and 30 follow-up qualitative interviews.  It covered employers’ understanding of the GPG, their experiences of complying with relevant legislation and the actions taken to close their GPG (or to ensure that one did not develop). The majority of respondents (82%) believed they had a good understanding of what the gender pay gap is and how it is calculated, an increase from 48% in 2017.  A further 16% felt they had a reasonable understanding but were unsure on the specifics, Read Full Article…