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Monthly Archives: May 2017

Is Politics in the Workplace Giving You a Headache?

Just when you thought you’d seen enough emotively divisive politics to last a lifetime, with the election of President Trump following hot on the heels of the Brexit referendum; along comes a general election just to make sure that peoples’ conversations don’t stray to anything quite so mundane as the weather and the weekend’s football scores. A general election is inevitably contentious at the best of times, and with Brexit front and centre, the 2017 election is shaping up to be even more so.

Now that’s all well and good, and it’s everyone’s prerogative to hold and share their political views or – as some quite understandably choose – to switch off and filter out the noise altogether. When in the company of colleagues, however, this isn’t quite so straightforward. Politics among friends can cause enough problems, and these can be come even more acute in the workplace. What, then, can employers do to keep things peaceful and productive?

Outside of the workplace, of course, there isn’t a great deal that an employer can do about their employees’ political activities unless those activities have a direct impact on their employment. An employer could, for example, take action against an employee whose political activities are bringing the employer into disrepute.

Ordinarily, however, politics in the workplace is something that should be handled with care. Even if an employee’s political affiliations may be seen as offensive, employers must take great care when considering disciplinary action or dismissal. If an employee is dismissed because of their political opinions or affiliation, the normal rules regarding unfair dismissal don’t apply: employees do not need to have had two years’ continuous employment.

There is however a line that, if crossed by an employee, entitles an employer to take action. For an employee to hold political opinions and affiliations is one thing (and don’t forget, employers can’t take any action on the basis of an employee’s membership of a particular political party), but if the expression of those opinions and affiliations crosses over into campaigning, employers are in a better position to do something about it.

As to the definition of campaigning, it can take many forms, ranging from heated political discussions between colleagues, to handing out leaflets, putting up posters, and organising political meetings. Imposing a ban on political conversations in the workplace is neither desirable nor practical, but prohibiting the more active types of campaigning is arguably quite reasonable. Politics is by its very nature a polarising subject and seems to be one that is becoming increasingly personal and, at times, hostile. By preventing staff from campaigning at work, employers can help to avoid a lot of disruption, not only to productivity but also to staff relations and morale. In more extreme cases, such behaviour could even be considered to be bullying or harassment and thus a reason for dismissal in itself. Political expression isn’t a defence to allegations of discrimination or harassment either, so be on your guard for the would-be activist on your staff that goes around upsetting everyone under the banner of free speech, and don’t take any nonsense! Action could also be taken against an employee that was found to be spending time on non-work activities like political campaigning during working hours, or perhaps using company equipment for political purposes.

As with many situations like this, it is better to be proactive than reactive, and our Political Activity in the Workplace Policy is on hand to assist, setting out the expectations and code of conduct that apply to all of your employees. Most importantly, the policy removes ambiguity by clearly setting out what is and what is not permitted and sets out the various consequences employees may face for failing to adhere to it.

It would be nice to think that after the 8th June election, politics might quieten down for a while, but with formal Brexit negotiations set to commence shortly thereafter, political temperatures seem set to remain high for the foreseeable future. Political awareness and involvement among the populous is vital, but at work it must have its limits. You can’t, after all, run a successful business if the remainers, re-leavers, and brexiteers on your staff are at each others’ throats all day long! How do you deal with political activity in your business? Is it something you would prefer to keep out? Perhaps you go the opposite way and provide specific forums for your employees to exchange and debate their political views? Your views, as ever, are welcome!

Zeroing in on Zero Hours Contracts?

According to the Office for National Statistics, over 900,000 employees in Britain are currently employed on zero-hours employment contracts. Zero-hours contracts often crop up in the news, and it’s fair to say that they’ve gotten something of a bad name – often not without good reason. Particularly with the rise of the gig economy, zero-hours contracts and other means of securing peoples’ labour without too much commitment have become very popular with some employers.

None of this is to say that the situation is settled, however, and some are now taking action to offer alternatives to their employees. McDonald’s, for example, recently offered fixed-hours contracts to its 115,000 zero-hours employees (according to the BBC, around 20% of employees at the Golden Arches have chosen to take the fixed-hours option. We certainly hope they’re lovin’ it).

On the political front, with a general election once again on our doorstep, the Labour Party’s 2017 manifesto includes a pledge to ban zero-hours contracts. The Liberal Democrats, while not planning to ban them, have pledged to create a formal right for zero-hours employees to request fixed contracts instead. The Conservative Party manifesto, on the other hand, is silent on zero-hours contracts themselves, but nevertheless emphasises the importance of protecting those working in the gig economy – a broad statement of policy to be sure, but one that arguably wouldn’t rule out future action on zero-hours contracts.

In October 2016, the government appointed Matthew Taylor, former policy chief to Tony Blair, and Chief Executive of the Royal Society of the Arts to lead a review of employment practices. Taylor has previously suggested improvements to zero-hours contracts including the payment of premium wages to zero-hours employees. As for the review, the deadline for the submission of evidence passed earlier this week, meaning that a final report shouldn’t be too far away. While the full results of the review have not yet been published, it is believed that Taylor will recommend a right for zero-hours employees to request fixed-hours contracts instead.

With such an emphasis on the negatives of zero-hours contracts, then, it may at first appear that the benefits are all one-sided, favouring only employers. While it is true that many employees prefer the certainty and security that zero-hours contracts simply can’t offer, there are those who like the flexibility that they provide. Indeed, according to a 2013 study (updated in 2015) by the Chartered Institute of Personnel Development, many zero-hours employees were happy with the arrangement and more content than their permanently-employed counterparts. Among the benefits, zero-hours contracts enable workers to take on a more diverse variety of work instead of being limited to one specialism or department. In other cases, they may facilitate a better work/life balance – ideal for those professionals that want to focus their energies on their families as well as their offices.

There is no question that zero-hours contracts have been used unfairly, and one may even be led to question whether their recent surge in popularity may have been buttressed by a government happy to see unemployment figures drop – even if the reality is that some of those who are “employed” have no work to do; but it is difficult to argue that the solution is simply to get rid of what can – when properly used – be a beneficial employment relationship for both employers and employees alike. What may be the better option for employers, then, is to offer employees a choice.

The future of the zero-hours contract may currently be a little uncertain; but for now at least, when used fairly and in the right circumstances, both employers and employees can benefit from their flexible nature. What’s more, thanks to the Small Business, Enterprise and Employment Act 2015, since 26th May 2015, exclusivity clauses in zero-hours contracts have been unenforceable, making them somewhat fairer than perhaps they once were.

To find out more about zero-hours contracts and to see whether they might have a place in your business, take a look at our Employment templates:

Zero Hours Contract
Zero Hours Policy
Zero Hours Employment Offer Letter
Casual Workers / Zero Hours Comparison

Does your business use zero-hours contracts? Perhaps you’re a professional that is on a zero-hours contract? We want to hear your thoughts. Not all zero-hours contracts deserve the bad rap, but with the election just around the corner, they’re in the spotlight again. Would you like to see them stick around as they are, reformed with restrictions designed to protect employees, or eliminated altogether?

Data Protection: The GDPR is Coming

In just over a year’s time, on the 25th May 2018, the new EU General Data Protection Regulation, more often known simply as the “GDPR” comes into force. The GDPR is designed both to harmonise data protection throughout Europe and to modernise it, taking into account significant advances in science and technology that have taken place in recent years. In particular, the growth of the internet and the huge increase in the amount of personal data being transferred, stored and processed online (looking at you, cloud storage and social media), means that data protection legislation is long overdue for a refresh.

The first thing to get out of the way, since the “EU” part will doubtlessly be leading some to question whether or not the GDPR will be around for long, is that the UK government has confirmed that the GDPR will not be affected by Brexit. It is quite likely, then, that the Great Repeal Bill (see our previous post, here) will take care of that. Now we’ve said “Brexit”, we’ll move on.

Who Does The GDPR Affect?

In the most basic terms, if you already have obligations under the Data Protection Act 1998, you still will under the GDPR. The GDPR will apply to organisations operating within the EU and to organisations outside the EU that deal with individuals inside it.

What Does The GDPR Apply To?

As with the Data Protection Act, the GDPR applies to “personal data”. This is where one of the key modernisation points arises, for the GDPR expands its definition of personal data to personal identifiers such as IP addresses. Even personal data that has been anonymised – by using coding or pseudonyms, for example – may still count as personal data if it can be traced to a particular individual. In short, almost any kind of personal data, whether it was previously caught under the Data Protection Act or not, will likely be included under the GDPR.

The good news, however, for many businesses – especially SMEs – is that in the case of things like HR records, customer lists, contact details and so forth, the new definition will make little practical difference. That being said, for those who do a lot with online data behind the scenes, it’s certainly worth brushing up to be on the safe side.

Another key point to note is that the GDPR now applies to “data processors” as well as “data controllers”. Those processing personal data purely in a service provider capacity for a data controller will thus now also need to ensure compliance.

What Does The GDPR Say About Consent?

Organisations will need to be more proactive, and clearer with the language they use, when it comes to obtaining consent to the collection and processing of personal data. Individuals must know how their information will be used, and organisations cannot rely on silence or inactivity on the part of those individuals as consent. Not only that, but if the purpose for which you want to use someone’s data changes after getting their initial consent to use it, you must get fresh consent for the new use.

Again, in some cases, particularly for those who already pay careful attention to privacy and data protection, this will simply mean business as usual; but for others, particularly those who use customer data for marketing purposes, consent mechanisms may need to be re-thought, and clear, detailed information must be made easily accessible to customers, explaining the whats, whys, and hows of the organisation’s personal data collection and use.

How Will This Change The Way I Do Things?

Simply put, organisations need to take a more proactive approach to data protection, maintaining a much sharper awareness of privacy throughout their activities, systems, and projects. One key way in which this should be done is through the use of Privacy Impact Assessments, another new requirement introduced by the GDPR. A Privacy Impact Assessment or “PIA” should be conducted wherever a particular activity presents a risk of privacy being breached so as to minimise the risks to the individuals whose data is involved.

You may also have heard about the so-called “right to be forgotten”, especially in the context of search engines. The GDPR now brings this one to your doorstep too. If an individual requests that you delete the data you hold about them, you must do so.

Will I Need A Data Protection Officer?

If an organisation’s “core activities” involve the “regular and systemic monitoring of data subjects on a large scale” or the “processing on a large scale of special categories of data”, then it will need to appoint a Data Protection Officer.

This will apply regardless of the size of the organisation itself, so small businesses are by no means off the hook. Particularly as a result of the growth in online business, even small businesses with only a few employees may potentially be dealing with the personal details of thousands of individuals.

Among the Data Protection Officer’s responsibilities will be the carrying out of Privacy Impact Assessments, designed to identify and assess privacy risks for a given project which will involve the use of personal data (see above).

What If Something Goes Wrong?

If there is a data breach, the GDPR requires that the local data protection authority (in the UK’s case, the Information Commissioner’s Office) be informed within 72 hours of discovering it. Not only does this mean increased accountability, but for many this will also mean changes to internal systems, policies, and procedures to make it quicker and easier to spot and respond to breaches.

It’s under this heading that it’s also worth mentioning the F word. No, not that one (although you’d probably say it in the circumstances). Fines: that’s the one we mean. The GDPR is serious about increasing data protection, and penalties are no exception. Organisations that fail to comply with their obligations can face fines of up to 4% of their annual global turnover or €20 million, whichever sum is greater.

I’m Going To Be Very Busy, Aren’t I?

That depends. If your organisation is already taking data protection and compliance with the Data Protection Act seriously, the GDPR shouldn’t be anything to be afraid of. What’s more, you have a year to determine what changes need to be made and to make them, and provided you don’t mess about, that should be plenty of time.

Start by getting all relevant staff up to speed, appoint someone to oversee data protection, then evaluate your existing methods of data collection, obtaining consent, holding data, processing it, and handling individuals’ requests to see that data or have it erased. Your next step should be to determine what (if anything) needs to be improved and to get a plan in place for implementing those improvements in the time available. Remember the new responsibilities of data processors too: make sure that your suppliers and service providers are aware of their responsibilities under the GDPR and are taking the necessary steps to comply. Last but not least, don’t panic!

As ever, we want to hear your thoughts. Will the GDPR come as a shock to the system or is your business already hot on data protection? Do you think the modernisation of data protection law is overdue or do you see it as adding unwelcome burdens? Have you already started preparing? What steps would you recommend to other businesses?

Over the coming weeks and months we will be adding a range of new documents to our portfolio to help you get up to speed and up to spec with the GDPR, plus comprehensive new information on the various aspects of the GDPR with best practice guidance on how to comply. Stay tuned!

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