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11
Jul 18

Posted by
Jennie Hussey

GDPR deadline gone - What now?

If you haven’t already updated existing policies for GDPR or if you haven’t started to look at the implication of the new regulations within your organization, you still have time. GDPR compliance will be an on-going process and therefore will need to be monitored and updated on a regular basis – it will not be just a one-off exercise, so it’s certainly not too late to make a start on those updates to get you on the road towards compliance.
The first thing you should consider is to create an inventory of all the personal data you currently store and/or process, whether that be data belonging to employees, customers or suppliers. This inventory will go a long way in helping you, as you will be able to garner from it any areas that need updating or creation of new procedures to help with meeting the GDPR requirements.


• Employee Privacy Policy - If you have employee’s, does the existing contract detail what data you process on them, with whom and what they’re rights are in relation to that data? If not then you would need to create an Employee Privacy Policy.
• Clean Desk Policy – Do you operate a Clean desk Policy? Whereby data belonging to customers or suppliers is not left out on desks overnight where cleaners/security staff may have access to them.
• Data Processor Agreement - Do you share any employee information with your accountant or pension provider? If so do you have a valid or up to date contract or letter of engagement covering the new GDPR stipulations between data controllers and data processor’s?


Realistically it will be difficult for any organization to ever be fully compliant with GDPR; however once you are not ignoring your obligations under the new rules and have or are in the process of taking steps towards demonstrating compliance this should be sufficient if you ever face a Data Protection inspection.


If you require further guidance on GDPR please see our dedicated support section on our website where you can find on-demand GDPR webinars, FAQ’s and template documents like a Data Processor Agreement.
Bright Contracts has also recently been upgraded to include a new Employee Privacy Policy feature whereby you can tick off another box to prove compliance under the new GDPR regulations. Download a free trial of Bright Contracts here. Book a free online demo of the software.

 

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Bright Contracts - Employment Contracts and Handbooks

Posted in Bright Contracts News, Contract of employment, Employee Contracts, GDPR, General Data Protection Regulation

22
Jun 18

Posted by
Jennie Hussey

Privacy Policies - A GDPR Requirement.

One of the main principles of GDPR is that Data shall be processed lawfully, fairly and in a transparent manner, these three elements overlap and all three must be satisfied in order to demonstrate compliance.
Employers, as both Data Controllers and Processors, must be able to show how they comply with the new data protection principles and be clear and open with their employees about the processing of data and their rights. The GDPR stipulates that anywhere personal data is being collected, either directly or indirectly, Privacy Notices should be in place, these policies are critical to complying with the transparency obligations in the GDPR. So the introduction of an Employee Privacy Policy will cover the required elements and ensure demonstratable compliance in this regard.


The Privacy Policy should be written in a clear and easily-understandable format and must include;


• What data is processed – name, address, PPS no., bank details, etc.
• How it was obtained – employee detail request form, CV, ROS, etc.
• The ‘legal basis’ for processing the data – contractual necessity, legal obligation, etc.
• Who has access to it and any third parties– HR dept., payroll clerk, pension company
• How it is stored and security – HR system, Thesaurus software, encryptions, etc.
• How long it is kept for –set in company policies or statutory requirements
• The rights of the employee – right to access, rectification, erasure, etc.
• If data is transferred outside the EEA
• Contact details of Data Controller


We have recently upgraded our Bright Contracts software to include a new Employee Privacy Policy feature, so now employers can facilitate the main GDPR principle of lawful, fair and transparent processing of the employee data. We have also updated the Data Protection Policy within the Handbook and the Data Protection Clause within the contracts.


To download a free trial of Bright Contracts, click here.
To request a free online Demo of Bright Contracts, click here.

 

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Bright Contracts - Employment Contracts and Handbooks

Posted in Contract of employment, Employee Contracts, Employment Contract, GDPR, General Data Protection Regulation

13
Jun 18

Posted by
Jennie Hussey

Why am I getting all these emails about privacy??

Lately you may have noticed your inbox bulging each morning with lots of emails with similar subject lines to these;


“Your privacy = our priority”                   “GDPR Data Protection – Your Data is Safe with us”
“Big Changes are coming”                        “Opt-In to continue receiving our great updates”
“GDPR update – please don’t leave us!”  “We’re keeping your details safe”


New, tougher European regulations around privacy and the use of personal data have now come into force and could see companies hit with huge fines if found to be in breach of the new laws.
In order for personal data to be processed lawfully, the processor must be able to rely on the reasoning being at least one of 6 categories, the main one being Consent. So if you were previously signed up with a company to receive newsletters or emails about special offers, they can no longer continue to send you these without your explicit consent.
Previous Data Protection Legislation allowed for an option to ‘Opt-Out’ as being sufficient means to mark having your consent, however with the new GDPR this is no longer the case. Consent must be ‘freely given’ unambiguous’ and for a ‘specific purpose’. Consent must be easily read and clearly distinguishable from other text and evidence must be collected as to how consent was obtained.
Consent can no longer be assumed and the likes of pre-ticked boxes that would have needed to be unticked if you didn’t want to register are now banned. Also the facility to Unsubscribe must be clear and an easy procedure to follow.
So all the emails you have been receiving, like those listed above, are those companies that you may previously have signed up with, scrambling to cover themselves for GDPR and not wanting to lose you as a possible customer or sale.


For more information on GDPR and how it may affect your organization, please see our dedicated online support documentation here.

 

BrightPay - Payroll and Auto Enrolment Software
Bright Contracts - Employment Contracts and Handbooks

Posted in Bright Contracts News, Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employment Contract

30
May 18

Posted by
Jennie Hussey

GDPR FAQ's Answered!

Is the emailing of payslips permissible under GDPR?
There is nothing in the GDPR that states it is no longer permissible to email payslips, this practice is still very much acceptable. The thing to keep in mind in relation to emailing payslips is to ensure that all appropriate security measures are in place. The payslips that are emailed from BrightPay are encrypted and deleted from our servers once sent, however it may also be prudent of a processor of the payroll to password protect the payslips also. It will be the responsibility of the Data controllers (employers) to be vigilant that correct email addresses are inputted.

Can I still use my hard-earned mailing lists after May 25th?
Not automatically - the GDPR states that to be able to ‘Lawfully Process’ personal data you must be able to fall into at least 1 of the 6 processing classifications, the first one being Consent. Consent must be:
• Specific, informed, unambiguous, and freely given – there must be evidence that clear affirmative action has been given.
• Must be for a specified purpose
• Where consent is obtained as part of a larger document covering other things, consent text must be clearly distinguished from everything else
• Evidence needs to be retained as to how the consent was obtained. For example; forms, brochures signage, website screenshots.
• Language must be accessible and easily understood.
• Have a clear and seamless opt-Out process in place.
If you have mailing lists that you’ve used pre GDPR you will not be able to continue using them if you haven’t got specific approval or consent from the individuals.

Do we need to ask for consent from our employees to process their data?

No, as the reliance for processing and retaining their data will be down to lawful processing because of the employer’s legal obligation to deduct taxes etc. and also down to the contractual agreement in place to pay them and pay forward the taxes owed on their behalf. And also to the nature of the relationship between the employer and the employee, the status quo is in the employer’s favour so consent would not be unambiguous or freely given.

More information can be found in the GDPR section of our online support documentation on our website - Bright Contracts UK - GDPR

To book a free online demo of Bright Contracts click here.
To download your free trial of Bright Contracts click here.


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Bright Contracts - Employment Contracts and Handbooks

Posted in Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employee Records, GDPR, General Data Protection Regulation

17
Apr 18

Posted by
Laura Murphy

Pay in Lieu of Notice (PILON) – Do you need to review your employment contracts?

Changes to the way in which termination payments are taxed came into force from 6 April 2018.

From 6 April all notice pay is to be treated as earnings and subject to tax and national insurance contributions – irrespective of whether or not there is a pay in lieu of notice clause (PILON) in the employment contract, this effectively removes the distinction between contractual and non-contractual PILON.

As a matter of best practice, we would certainly recommend that going forward all employment contracts contain a PILON clause.

In fact, in light of these recent changes, not having a PILON clause now will only leave you at a disadvantage. If you were to process a payment in lieu of notice without a contractual right to do so it could leave you at risk of not being able to rely on any post-termination restrictions such as non-competition clauses and confidentiality. Processing a PILON without a contractual right to do so would be considered a breach of contract. This is because you would be in breach of contract by making the payment and would therefore result in you not being able to rely on any of the other contractual clauses.
Contracts of employment created in Bright Contracts will contain a PILON clause by default.

To book a free online demo of Bright Contracts click here
To download your free trial of Bright Contracts click here
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Bright Contracts - Employment Contracts and Handbooks

Posted in Contract of employment, Dismissals, Employee Contracts, Pay/Wage

4
Apr 18

Posted by
Laura Murphy

GDPR and employee files - What you need to know

The General Data Protection Regulation (GDPR) will come into force on 25th May 2018 changing the way we process data forever. The aim of the GDPR is to put greater protection on the way personal data is being processed for all EU citizens. Personal data can be anything from a name, an email address, PPS number, bank details etc so as you can imagine employers process a huge amount of personal data on a daily basis. So how will the GDPR affect employers in terms of processing employee data?

Consent

Data in the employment context, will include information obtained from an employee during the recruitment process (regardless of whether or not they eventually got the job), it will also include the information you hold on current employees and previous employees. All this information may be saved in hardcopy personnel files, held on HR systems or it could be information contained in emails or information obtained through employee monitoring.

Under GDPR your employee’s will have increased rights around their data.

These rights will include:

• The Right to Access. It’s not a new concept that employees will be able to request access to the data you hold on them. However, there is a new recommendation that where possible employers should provide their employees with access to a secure self-service login where they can view data stored on them. This backs-up the whole concept of transparency and ease of access to data, which underpins the new Regulations. 

• The Right to Rectification. Individuals are entitled to have personal data rectified if it is inaccurate or incomplete. This is an existing right and the onus is on the employer to ensure that your employee records are kept up-to-date. To help ensure you maintain up-to-date records, employers should make it easier for employees to update their data.

• The Right to be informed. Employers must be very transparent with employees about what data you hold, why and how long it is held for. Up until now it has been the common practice for many employers to include a standard clause in the employment contract regarding the processing of HR Data, under GDPR that will no longer be sufficient. Employers need to be reviewing their Employee Data Protection Policies and possibly writing new Employee Privacy Policies that go into detail on the processing of employee data.

Employee self service

Under the GDPR legislation, where possible employers should be able to provide self-service remote access to a secure system which would allow employees view and manage their personal data online 24/7. Furthermore, the cloud functionality will improve your payroll processing with simple email distribution, safe document upload, easy leave management and improved communication with your employees. By introducing a self-service option, you will be taking steps to be GDPR ready.

For information on employee files and how long to keep them please see our support page: Record Keeping Requirements

 

To book a free online demo of Bright Contracts click here.
To download your free trial of Bright Contracts click here.

 

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Bright Contracts - Employment Contracts and Handbooks

Posted in Employee Contracts, Employee Records, Employee Self Service, GDPR, General Data Protection Regulation, Online filing

1
Feb 18

Posted by
Lauren Conway

£250,000 holiday back-pay paid out to construction workers

Over 100 construction workers are to receive an estimated £250,000 worth of holiday pay following a Unite campaign which ruled that voluntary overtime should be included in holiday pay.

Background

Workers across three high profile projects in London were paid holiday pay based on 39 hours a week whereas in reality they often worked 55 hours a week working overtime on Saturdays. The workers have secured payment of between £400 and £1,000 each with further back payments to be received after joining forces to demand their full holiday entitlement.

The construction workers were initially ignored when they brought the issue to Byrnes Bros management, until construction workers at different sites, backed by Unite, joined forces and commenced a campaign which developed into a collective grievance. Management then tried to deal with the grievances individually but workers insisted on a collective remedy to the underpayments. Management accepted that overtime should have been included in holiday pay and Byrne Bros are now in the process of paying each worker what they are owed including back pay.

Learning Points

The decision to accept fault comes as no surprise after the landmark ruling by the employment appeal tribunal in the Dudley Metropolitan Borough Council v Willetts (and others) case in July 2017. The case was the first to confirm that employers must include normal voluntary overtime when calculating holiday pay and it set a legally binding precedent which employment tribunals across the UK are obliged to follow. The pressure is now on for employers who still do not include overtime in holiday pay to urgently reconsider; otherwise they are at risk of being brought in front of the Employment Tribunal.


To book a free online demo of Bright Contracts click here
To download your free trial of Bright Contracts click here

Posted in Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employment Tribunals

4
Dec 17

Posted by
Marzena Ignar

Does my employee need a written statement of employment?

The main purpose of the written statement of employment, often referred to as the contract of employment, is to clarify the terms of a person’s employment and avoid uncertainty or misunderstandings, where employee expectations might not be the same as employer intentions.

All employers must provide an employee with a written statement of their terms of employment within 2 months of commencement of employment, including full-time staff, part-time staff, fixed-term and casual workers.

The written statement must include the following information:

  • The full name of employer and employee
  • The address of the employer
  • Place of work
  • Job title or nature of work
  • The date the employment started
  • Type of contract
  • Rate of pay
  • Pay intervals
  • Hours of work
  • Paid leave
  • Incapacity for work, sick pay 
  • Any terms relating to a pension scheme
  • Period of notice to be given by employer or employee
  • Details of any collective agreements
  • Pay reference period

Additional clauses can be recommended to further clarify the relationship. These might include:

  • Probation clause
  • Pay in lieu of notice clause
  • Confidentiality clause
  • Right to search 
  • The calculation of holiday pay

Failure to to provide contracts of employment could leave you wide open to a claim from their employees. Employers found not to have written terms of employment in place will be fined a maximum of 4 weeks’ remuneration per employee. Clearly worded contracts of employment are key to the success of any business. They will ensure your business is on the right side of employment law as well as help prevent disputes with employees.

To book a free online demo of Bright Contracts click here
To download your free trial of Bright Contracts click here

 

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Bright Contracts - Employment Contracts and Handbooks

Posted in Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employee Records, Employment Contract, Employment Tribunals, Staff Handbook, Workplace Relations Commission, WRC

17
Nov 17

Posted by
Lauren Conway

Be careful of discrimination in job interviews

Having a wide range of interview questions is vital to find out as much information about a candidate as possible to assess whether they have the right skills and attributes for the role. When conducting an interview you may veer off your pre-set questions when building rapport with a candidate and to do a little digging in some areas, however asking the wrong question could leave you at risk of a hefty discrimination claim.

Marital and family status, sexual orientation

Although it may seem friendly asking if a candidate has a family or children it is not suitable for an interview. Asking such questions may leave you appearing more favorable to someone who may seem more stable or someone who might not have family commitments.

Do you have or plan on having children? What childcare arrangements do you have?

The job may require some overtime at short notice. What days/hours are you available to work? Can you travel?

Place of birth, race, religious beliefs

Again, employers may think they are being friendly asking questions like: where are you from originally? Or do you get to visit home often? But be warned that any questions surrounding birthplace, background or religious beliefs can lead to discrimination.

Where were you born? What religion do you practice?

Are you eligible to work in Ireland? What languages do you speak or write fluently?

Gender, age

Asking a candidate questions about their gender or age in relation to their ability to do a particular role is discrimination. If there are certain challenges to a role you may certainly ask about their ability to handle those situations but never imply that their gender or age may affect this.

We’ve always had a man/woman in this role. Do you think you can handle it? How many years do you think you’ll have left until you retire?

What can you bring to this role? What are your long term goals?

Location, disability, illness

You may think asking questions regarding where a candidate lives and how far/long it will take to commute to work is innocent but asking these questions could cause discrimination relating to a neighborhood heavily populated by an ethnic group or social class. Also asking questions around gaps in a candidate’s employment is acceptable, but asking questions around a disability and how it may affect their capabilities to do a job is not.

How far would your commute be? Do you smoke/drink?

Are you able to start at 9 am? Have you ever been disciplined due to alcohol/drugs?

To book a free online demo of Bright Contracts click here
To download your free trial of Bright Contracts click here

Posted in Company handbook, Contract of employment, Discrimination, Employee Contracts, Employee Handbook, Employment Contract, Employment Tribunals

25
Oct 17

Posted by
Lauren Conway

Government have launched Employment Tribunal fee refund scheme

Following the ruling in July this year which saw the Supreme Court rule employment tribunal fees as unlawful, the Government is now ready to start repaying the thousands of people that were charged.

The ruling, which was heralded as possibly the biggest employment law decision ever in the UK, saw the Supreme Court unanimously ruling that the Government was acting unlawfully when they introduced the fees back in 2013. Fees of up to £1,200 were introduced resulting in a dramatic fall from 5,847 employment tribunal cases the year before the fees were introduced, to 1,740 the following year.

The first steps

The first stage of the refund process will see up to around 1,000 people contacted individually and invited to complete their forms before the full scheme is opened up in the coming weeks. The Government is also working with Trade Unions who have supported large multiple claims, potentially involving hundreds of claimants.

People who were ordered by the Tribunal to reimburse their opponent their fee and who can show that they have paid it are also eligible to apply for a refund under the scheme.

Successful applicants to the scheme will be refunded their full fee and will also be paid interest of 0.5% calculated from the date of the payment right up to the date of the refund.

The opening phase of the refund scheme will last for around 4 weeks. Further details of the scheme will be made available once the scheme is rolled out fully.

For further details please see gov.uk

To book a free online demo of Bright Contracts click here
To download your free Bright Contracts trial click here

Posted in Dismissals, Employee Contracts, Employee Handbook, Employment Tribunals, Employment Update

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