ICO consultation on new DSAR guidance
The ICO is consulting on new draft guidance on an individual’s right to obtain their personal data and the obligations on controllers to provide it. Previous guidance from the ICO was under the “Subject Access Code”, which related to the Data Protection Act 1998. This new guidance relates to the post-GDPR Data Protection Act 2018. It is the first substantial guidance since the GDPR came into force in May 2018.
The draft guidance proposes to remove language regarding “unreasonable and proportionate searches” which could have significant ramifications on data controllers. Many are disappointed with the guidance relating to whether a request can be refused because it is “manifestly unfounded or excessive” and it is hoped that further clarity will be achieved. The consultation closes on 12 February 2020. We will be submitting a response of clients, so please let us know if you’d like to input. Further details are available here.
Law Society updates practice note on NDAs
Following the SRA’s updated warning notice (Nov 2019), the Law Society has now followed suit and updated its practice notice on non-disclosure agreements (NDAs) to reflect the new SRA Code of Conduct and Principles. There are no substantive changes to the practice note other than the references to the new SRA Code and Principles. Specifically, the list of common disclosure exceptions remains the same. Equally, it does not change our approach to settlement agreements.
Queen’s speech sets out plans for workers’ rights
Following the UK general election, the Queen’s speech set out details of legislation that the new Government intends to introduce in the next Parliamentary session, including a new Employment Bill. The new Bill will include a new single, enforcement body for enforcing workers’ rights, the right to a more predictable contract, and other measures to support families (such as rights to leave and pay for parents of babies that require neonatal care after birth) – all of which were anticipated by the Good Work Plan and its consultations of July 2019.
The new Government has also re-introduced to parliament the EU (Withdrawal Agreement) Bill. The PM insists that workers’ rights will be “protected and enhanced” and that the removal of the guarantees set out in the previous draft EU (Withdrawal Agreement) Bill is not a sign that they will be reduced.
New alternative formula for calculating PENP
HMRC has amended its guidance (EIM13886) re calculating Post-Employment Notice Pay (PENP). It is now possible to use an alternative calculation where salary is paid monthly but the post-employment notice period is not a whole number of months. The employer may substitute 30.42 (being 365 ÷ 12) as the value of P in the PENP calculation where doing so is to the advantage of the employee. This goes some way to removing the odd fluctuations in PENP due to the number of days in the month of termination.
FCA writes to CEOs of general insurers to stress importance of healthy culture
On 6 January 2020, the FCA published a Dear CEO letter to general insurers on non-financial misconduct in the insurance sector. One key message is that lack of diversity and inclusion and non-financial misconduct can lead to poor outcomes for consumers, market participants, employees and markets. The FCA makes clear the regulator’s expectation that firms take steps to create a healthy, sustainable, culture. Read our full Insight.
For more key employment law updates from us:
- read our key cases over the last month;
- stay Ahead of the Curve with our summaries covering the key aspects of employment law under review by the government;
- scroll through our key dates timeline showing recent and anticipated changes to employment law; and
- attend our upcoming events or catch up on training.
