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Brexit: new rules in force
Following the end of the Brexit transition period on 31 December, new rules are now in force. The UK government has published resources to help businesses understand what has changed.
Firstly, a Brexit checker is an online tool designed to give you a personalised list of all the actions you may need to take to comply with any new rules that may affect you.
One particular development is on data protection. The UK and the EU have now agreed a 6-month interim period, during which personal data can continue to flow freely between the two. This means that if your business receives any kind of personal data from the EU, you don't need to immediately change anything.
The 6 months is designed to give the UK and EU time to agree that the UK has adequate data protection standards – if that agreement is reached, things should continue as they are. However, in case there is no agreement, you could consider using the time to put predefined Standard Contractual Clauses into your relevant written agreements. The ICO has published guidance to help you plan.
COVID-19 round-up: furloughing parents and shielders;
Parents and carers can be furloughed: Guidance on the furlough scheme has been updated again. Generally, you can only claim from the scheme if your business is facing reduced demand or has been forced to close due to coronavirus restrictions.
The government have now clarified that this doesn't apply in relation to furloughing certain groups. If you have staff who can't work because they have caring responsibilities resulting from COVID-19 (e.g. parents dealing with school closures or those looking after vulnerable household relatives), you can furlough them regardless of whether or not your business faces reduced demand.
The same applies to those who can't work due to being extremely clinically vulnerable or at the highest risk of severe illness from COVID-19.
No appeal from government over High Court health and safety ruling:
The government lost a High Court judicial review over its failure to extend employee health and safety protections to those with 'worker' status. We now know that the government won't appeal the decision, meaning that it must amend UK legislation to protect workers as well as employees.
However, this is unlikely to happen soon – in the meantime, the High Court decision must be applied to any new or existing Employment Tribunal claims, but only those made by public sector workers.
Private sector employers will only be affected once the legislation is amended. However, employers who continue to treat workers differently with regards to health and safety concerns could put themselves at risk of reputational damage. In particular, if you're providing PPE to your employees, you should now consider providing it to your workers as well.
HSE COVID inspections to increase:
The Health and Safety Executive (HSE) has announced that it will increase its calls and visits to businesses to ensure that COVID-secure measures are in place and being followed. They will also continue to carry out spot checks and inspections on all types of businesses and workplaces. If a business is found to be falling short, HSE can issue enforcement notices that will stop certain work practices until they're made safe. Non-compliance can lead to prosecutions. HSE offer a range of guidance and tools to ensure you're meeting your obligations.
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