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2
Oct 18

Posted by
Jennie Hussey

Data Protection complaints increase since GDPR

Nearly 5 months since the General data Protection Regulation (GDPR) was introduced across all of the European Union, complaints around Data Protection have nearly doubled in the UK according to the Information Commissioner’s Office (ICO)


GDPR was designed to give Data Subjects more control over their personal data, with more transparency and the threat of larger fines to those in breach of the new rules. The GDPR requires any company that suffers a data breach to notify its users/data subjects within 72 hours of the breach being discovered.


• Data protection complaints to the UK’s ICO rose to 4214 in July compared to just 2310 complaints received in May before the GDPR came into force. A spokes person for the ICO said the increase was expected, as more users became aware of data protection because of publicity around the new rules and following a series of high-profile data scandals involving some well-known household names, like Morrison’s and Dixons Carphone.

• In July the ICO reported that since May 25th, it had seen a four-fold increase in the number of breaches that organizations were self-reporting.

 

Experts note, however that the increase’s do not mean that the number of data breaches has suddenly gone up, but rather reflects the full scale of the data breach problem becoming better known.
Organisations that fail to comply with GDPR can face fines of up to 4% of annual global revenue or €20 million, whichever is greater. So far none of the EU’s Data Protection Agency’s have levied any fines. Multiple DPA’s told the International Association of Privacy Professionals Advisor Newsletter that it is simply too soon.


We will be hosting a free online webinar on ‘GDPR 5 Months On’ on Tuesday October 16th at 11am, where we will look at the implications of GDPR on payroll processing and how employer’s can be demonstrate compliance by following a few, simple steps.
To register for this webinar please click here.

Posted in Contract of employment, Employee Records, Employee Self Service, GDPR, General Data Protection Regulation

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.


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

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

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.

 

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

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

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

 

BrightPay - Payroll and Auto Enrolment Software
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

25
Sep 17

Posted by
Jennie Hussey

National Minimum Wage (NMW) in the news again

A junior minister has revealed that shortfalls in national minimum wage (NMW) payments hit a record £10.9m in 2016, affecting up to 100,000 employees.

Some of the country’s well-known retailers were caught out by failing to pay staff correct wage rates, including John Lewis & Tesco. Tesco stated that it had paid their staff less than the NMW when a new payroll system was introduced, leaving 140,000 of its employee’s being short-changed nearly £10m between them. John Lewis also blamed a payroll error when it was discovered they had breached the NMW laws to the tune of £36m.

Charles Cotton, performance and reward advisor at the CIPD said there were various reasons for shortfalls in payments from employers – “…employers may be ignoring the law and exploiting their workers…another is that the employer doesn’t fully understand the legal requirements…so it is important that employers are aware of the rules.”

This is not the first time NMW underpayments have been brought to light this year, we recently posted a blog on the government's name and shame scheme where 233 employers had to pay back £2m to underpaid workers. And also the release of a recent survey by the Dept. for Business, Energy and Industrial Strategy (BEIS) indicated that 1 in 5 apprentices have not been receiving the mandatory minimum wage. The survey discovered that the number of apprentices receiving less than the NMW they are entitled to rose sharply from 13% for those aged 16-18 to 32% for those aged 19-20.

Underpayments occurring since April 2016 have been subject to a penalty of 200% of the value of the underpaid amount – capped at £20,000 but this does not seem to have had the desired effect of discouraging employers from breaching the rules.

It is extremely important that organisations pay the wage rates that they are legally obliged to. Employers that are found to be deliberately flouting the law should also be prosecuted, so that good companies aren’t undermined by bad ones.

 

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, Employee Records, Employment Contract, Pay/Wage, Staff Handbook, Wages

30
Aug 17

Posted by
Jennie Hussey

The importance of having an Absence/Sick Leave Policy

As an employer, it can be quite a daunting prospect having to deal with sick leave and long-term sick leave can throw up other issues making it seem more complicated and even more daunting for the employer to deal with effectively. So how can an employer ensure compliance during these periods of absence?

First and foremost an Absence/Sick Leave Policy needs to be put in place. It must contain clear and concise guidelines for the employee and employer to follow in cases of absence

Your Absence Policy should include:

1. Details of any company Sick Pay Policy:

  • If an employer will/will not pay employee while on certified/uncertified sick leave.
  • If payments are to be made, length of term for payments.

2. Notification and certification requirements if employees are absent due to illness:

  • How much notice an employee needs to give an employer if they will be absent from work.
  • After how many days of absence a medical certificate is required.
  • For long-term absences, how often a medical certificate is required to be presented to the employer.

3. A statement that in the case of long-term absence due to illness, the employee may be required to attend a company GP or other nominated medical persons/facilities at the request of the employer.

It would also be advisable to include details on what is classed as being short-term, long-term and unauthorised absences - Unauthorised leave is absence by the employee without consent or approval from management or without proof of illness by means of a doctors certificate and should be dealt with as a matter of misconduct via the company disciplinary procedures.

As with most company policies and procedures, once in place, the employees will be aware of what is expected of them during times of absence or sick leave; this, in turn, should eliminate any further issues from arising.

Bright Contracts has a comprehensive Absence and Sick Leave Policy built into the Company Handbook which can be customised to suit your own company specifications and requirements.

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

Posted in Company handbook, Contract of employment, Employee Contracts, Employee Handbook, Employee Records, Employment Contract, Pay/Wage, Sick Leave/Absence Management, Staff Handbook

9
Aug 17

Posted by
Alena Amelyanchuk

Mothers potentially missing out on millions in pension rights

Based on a new report, Royal London estimates that the number of mothers missing out on vital credits towards their State Pension has more than doubled in the last two years and now stands at around 50,000. The increase has occurred since the introduction in January 2013 of the ‘High Income Child Benefit Tax Charge’.

This rule means that couples where one partner earns more than £60,000 per year have the value of their Child Benefit wiped out by a tax charge. In response to this, growing numbers of mothers starting a family since January 2013 have declined to claim Child Benefit at all. This means however they are missing out on vital National Insurance credits towards their state pension. Each year missed could cost 1/35 of the value of the state pension of around £231 per year or over £4,600 over the course of a typical 20 year retirement. Together, these mothers have lost hundreds of millions of pounds in retirement.

Prior to the 2013 changes, the number of families receiving child benefit had risen every year since 2007. Since then, the number has been falling. HMRC themselves say: “The number of children for whom Child Benefit is being paid is now at its lowest level since HMRC began producing these statistics (in 2003)”.

A woman who started her family in early 2013 and decided not to claim Child Benefit could have missed out on state pension credits for five years so far. The total loss over those five years could be 5/35 of a state pension. This is over £1,000 per year in retirement. Over the course of a twenty year retirement, such women could be more than £20,000 worse off in total. Worse still, as things stand, Child Benefit claims can only be backdated for three months so they will never recover the lost pension rights.

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

Posted in Employee Records

27
Jun 17

Posted by
Karen Bennett

How can BrightPay Connect benefit your payroll bureau?

BrightPay Connect our latest cloud add-on works alongside BrightPay Payroll. Payroll information is stored in the cloud and can be accessed online by you and your clients anywhere. BrightPay Connect offers additional innovative payroll and HR features that will enhance client relationships and increase revenue for your bureau.

 

Secure online Backup

Don't worry about manually backing up or losing your client payroll data again. Simply link an employer to BrightPay Connect, then the payroll data will be automatically synchronised to the cloud as you run your payroll or make any changes. Payroll files are automatically backed up every 15 minutes when open and again when closed down, offering cloud security against ransomware and cyber attacks. A chronological history of backups will be maintained which can be restored at any time.

 

Bureau Dashboard

Access your online multi-company dashboard which gives an overview of clients’ payroll information in one place. BrightPay Payroll and BrightPay Connect are automatically synced to capture annual leave and changes to employee details.

 

Client / Employer Access

Invite clients to their own company dashboard where they have online access to an overview of their employer details, employee requests, employee contact details, employee payslips and any outstanding amounts due to HMRC. Payroll reports that have been set up and saved in the payroll are automatically available on BrightPay Connect.

 

Employee Online Access

Employees can access their own personal self service portal from any computer, tablet or smartphone. They can view and retrieve their historic payslips and other payroll documents such as a P60, P45, or P11d which can be exported to PDF and printed. Employees can easily submit holiday requests, view leave taken and leave remaining as well as amend personal contact details.

 

Annual Leave Management

Your client can view a company leave calendar allowing them to effectively manage their staffing resources and plan ahead to ensure there is sufficient staff cover at all times. Once an employee requests leave, clients can authorise or reject the request which then flows back to the payroll. Clients will have full visibility of how much leave an employee has taken, the number of annual leave days remaining and how frequently an employee is on sick leave. 

 

HR Solution

BrightPay Connect has built-in features giving your clients a ready-to-go HR solution. HR documents can be uploaded including employee handbooks and contracts, disciplinary documents, company newsletters, training material and more. Clients can also manage all leave for their employees including sick leave, annual leave, maternity leave and paternity leave.

 

Benefits for Payroll Bureaus

BrightPay Connect introduces powerful new online features that offers a range of benefits for your bureau, your clients and your clients’ employees.

  • Add your own bureau or firm logo to boost the visibility of your brand and enhance client relationships.
  • Clients get 24/7 access to their employees’ payslips and other payroll reports which will improve transparency for your client and their employees.
  • Never worry about losing your client’s payroll data again as your data is now securely stored in the cloud.
  • Make significant savings when bulk purchasing multiple BrightPay Connect licences. With savings of up to 75%, the more clients you sign up to BrightPay Connect, the more profits you can make.
  • Increase revenue by adding a new payroll service offering to clients.
  • Save time and reduce admin by automating and streamlining many internal payroll and HR administrative processes.
  • Eliminate the administrative work and time it takes to send payroll documents to clients and their employees each pay period.

The two things that our bureau customers really rave about are (1) you are up and running in seconds, as this is all the time it takes to sync all of your client data to the cloud and and (2) you, your clients and their employees can access their payroll information from anywhere, from any device.

Read: Benefits of BrightPay Connect for Bureaus

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

Posted in Employee Records, Employee Self Service, Payroll, Sick Leave/Absence Management

BrightPay

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Bright Contracts

Create tailored professional employment contracts and staff handbooks. Available for employers in the UK and Ireland.

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