ICO publishes final guidance on data protection and monitoring workers

On 3 October 2023, the ICO published its final guidance on worker monitoring to help employers comply with data protection law if they wish to monitor their workers. This is aimed at both public and private sector employers and sets out how to conduct monitoring fairly and lawfully. It also includes good practice recommendations to help build trust between employers and workers. More information is available here.

Reforms to law on declaring criminal convictions

Last month the government issued a press release explaining amendments to the Rehabilitation of Offenders Act 1974 which reduce the time people with criminal convictions are legally required to declare them to most potential employers after serving their sentence and when applying for courses, insurance and housing. Now, custodial sentences of four years or more years for less serious crimes become ‘spent’ after a seven-year period of rehabilitation, as long as no further offence is committed. Previously these types of sentences were unable to become "spent". Offenders who have committed serious sexual, violent, or terrorist offences are excluded from these changes to ensure this does not result in an increased risk to the public. Stricter disclosure rules apply in some circumstances, including for those working with vulnerable people. 

Duty to prevent sexual harassment: Act receives Royal Assent

The Worker Protection (Amendment of Equality Act 2010) Act 2023 received Royal Assent on 26 October 2023. It places a new duty on employers to take reasonable steps to prevent sexual harassment in the workplace and is expected to come into force in October next year. The EHRC will produce statutory guidance on what constitutes reasonable steps in this context. A failure to take reasonable steps will lead to an uplift of up to 25% in respect of any award made by the tribunal for sexual harassment. The EHRC will have powers to take enforcement action where this duty has not been adhered to.

Government publishes draft regulations on holiday pay reform from 1 January 2024

The Government has published draft regulations, coming into effect on 1 January 2024, which will amend the Working Time Regulations 1998. The most significant aspect of the amending regulations is that they will allow for irregular hours workers to be paid rolled up holiday pay at a rate of 12.07% of hours worked (this was previously unlawful as a matter of case law). We will report on further detail in those regulations in due course.