In this episode of the podcast I cover the basics which employers need to consider with regards to Subject Access Requests when received from employees.  In this episode I will cover:  A background to the law.  What you need to consider at the outset.  The time limit for responding.  The type of data you have to search for.  What you have to provide to the employee.  Exemptions when you do not have to disclose the data.   Action Points  Have a person or persons within your organisation who are responsible for data and compliance with subject access requests.  Create a checklist or utilise the resources from the ico to create a workflow to follow if someone makes a request.  Seek advice before rejecting a request or requiring a fee to be paid.   Resources https://ico.org.uk/  Right of Access for Employees GDPR Overview for Employers GDPR Privacy Policy GDPR: Action List for Employers – episode 90   Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions. As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006  

Subject Access Request: The Basics

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In this weeks’ episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.   In this episode 227 I will cover:  What the remedies are for unfair dismissal. What the difference is between an order for reinstatement and an order for re-engagement. How compensation for unfair dismissal is calculated. What the ‘Basic Award’s is. What the ‘Compensatory Award’ includes. What the Statutory Cap means. How causation effects compensation for unfair dismissal. What a Polkey deduction is. How the employees contributory fault can reduce compensation. What will happen if an employee has been claiming state benefits. Why an employee must try to mitigate their loss. Why employers should consider all of these issues in their defence and in producing evidence.    Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses.   Helpful Links Employment Rights Act 1996  ACAS Code of Practice     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are:  An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers  Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: Compensation & Remedies Episode 5

In this weeks’ episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover:  What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you should have it in mind when dealing with conduct, performance and some other substantial reasons What you need to do to fairly investigate alleged conduct What you need to consider before dismissing an employee  Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice. Check your contracts and procedures to ensure that your disciplinary procedure is not contractual. Helpful Links Employment Rights Act 1996  ACAS Code of Practice       Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are:  An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers  Please drop me an email alison@realemploymentlawadvice.co.uk     Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: The ACAS Code of Practice Episode 4

In this weeks’ episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover:  What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable dismissal decision The different reasonableness and procedural requirements for each of the potentially fair reasons What the range of reasonable responses test is What you need to do to fairly investigate a conduct allegation What you can do if you have more than one ‘suspect’ in an allegation of misconduct How to deal with performance issues in order to fairly dismiss an employee for poor performance What you need to consider before dismissing an employee    Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode.   Helpful Links Employment Rights Act 1996  BHS v Burchell    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are:  An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1’s Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers  Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: The Reasonableness of Dismissal Episode 3

In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.   In this episode 224 I will cover:  What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swearing at work can be grounds for a fair dismissal Who has the burden of proving the reason for the dismissal Why the burden shifts in a claim for Automatic Unfair Dismissal What you need to consider before dismissing an employee    Action Points Check what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation.   Helpful Links Employment Rights Act 1996    Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Unfair Dismissal: Potentially Fair Reasons

This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not. In this episode I will cover:  The history of unfair dismissal How unfair dismissal started in the early 1970’s What it is and where you will find the law The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal The qualifying period for unfair dismissal Unfair dismissal claims with no qualifying period of service Claims for Automatic Unfair Dismissal The time limit for claims Circumstances when an employer must provide written reasons for an employees dismissal    Action Points Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why.   Helpful Links Introduction to Constructive Unfair Dismissal: Episode 18  Focus on Constructive Unfair Dismissal: Episode 21 Employee who did not receive dismissal letter wins unfair dismissal claim Employment Rights Act 1996      Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk     Fixed Price Advice from Real Experts  As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Subject Access Request: The Basics

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