ICO guidance on processing health data
The ICO has produced new guidance for employers on processing information about workers' health. It restates basic principles, such as the need to keep health data to a minimum in most cases, unless there are special reasons for processing health data more extensively, for example when someone is engaged in a hazardous occupation or where monitoring a worker's health is necessary to safeguard the public. It also covers some new ground, expanding on when the lawful basis for processing, "employment, social security and social protection" law, will be met. For example, processing data for the purposes of paying statutory sick pay will fall into this category whereas it will not cover the payment of contractual sick pay (this will fall under another lawful basis). The guidance is set out in easily digestible sections and draws helpful distinctions between when certain steps data should, must and could be taken in relation to health data. Examples of what steps could be taken are meant to illustrate non-exhaustive ways in which employer obligations under the legislation may be met.
TUC launches AI taskforce
Earlier this month the TUC launched a new AI taskforce with the aim of plugging current gaps in UK employment law "to ensure AI is regulated fairly at work for the benefit of employees and employers". It proposes to publish an AI and Employment Bill in early 2024, with the assistance of specialists in law, technology, politics, HR and the voluntary sector.
The TUC is concerned that AI is already making "high-risk, life changing" decisions in areas such as management, recruitment and dismissal of workers. If left unregulated, this could result in increased discrimination and exploitation across the economy, and that employers are not fully cognisant of the impact of using AI systems. It also considers that the UK is trailing the EU and other countries which are already drafting legislation to seek to regulated AI at work, rather than adopting the UK government's "light touch" approach.
Acas toolkit published on sickness absence
The new toolkit provides advice on checking holiday entitlement and sick pay, fit notes and proof of sickness, time off for dependants/parents, returning to work after absence, creating absence policies, recording and reducing sickness absence and absence trigger points.
Acas updates its coronavirus guidance for employers and employees
The revised guidance on coronavirus and work now covers what to do if an employee gets COVID-19, and possible self-isolation, returning to work having been off sick with COVID-19 and also guidance to returning to work with long COVID-19. This includes sickness and absence because of long COVID-19 and whether it could be treated as a disability.
