Employment Bulletin - November 2020

More of the same? The latest guidance published on Coronavirus Job Retention Scheme

The UK’s Coronavirus Job Retention Scheme (CJRS) was due to end on 31 October 2020 with the replacement Job Support Scheme (JSS) set to launch on 1 November. In a last-minute change of plan, the Treasury has announced that the more generous CJRS will be extended, at least for now, to provide support to businesses and employees during the new national lockdown in England.

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The ICO publishes guidance on handling data subject access request from employees

Following its consultation, which concluded in February 2020, the Information Commission’s Office (ICO) has published its new guidance on Data Subject Access Requests (DSARs) under the General Data Protection Regulation 2018 (GDPR).

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Remote working: How much can employers monitor their employees?

Working from home has become the new normal due to the impact of Covid-19. Employers and employees across many industries have had to quickly adapt to the Government’s guidance of “work from home wherever possible”.

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Justifying indirect discrimination: The Court of Appeal’s decision in Hewett v Secretary of State for Justice

It is well established that the reason of cost alone cannot justify discriminatory action. However, costs combined with another factor, often called the ‘costs plus’ approach, might be sufficient. In the case of Hewett v Secretary of State for Justice [2020] EWCA Civ 1487, the Court of Appeal had to determine whether absence of means was the other ‘plus’ factor in order to justify discriminatory action.

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Overview of the Restriction of Public Sector Exit Payments Regulations 2020

From 4 November 2020, a cap of £95,000 will apply to public sector exit payments to prevent employers paying out large sums of public money to individuals leaving their employment. 

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Updated guidance on DBS filtering rules – what has changed?

The DBS filtering rules were introduced in May 2013 and the purpose was to exclude from DBS certificates certain information relating to minor criminal offences in line with the relevant criteria. The rules on “filtering” have recently been updated and the relevant details are set out in this note.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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