First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

What factors do employers need to consider in relation to testing employees for Covid-19?

Posted in: First Tuesday Q&A NI on 02/06/2020 The below answer is for guidance purposes only and specific legal advice should be sought if your organisation is considering implementing Covid-19 testing. There are various factors for employers to consider in relation to making employees take a Covid-19 test, for example: Data protection implic...

Must employers still comply with the 30 day response timeframe for subject access requests during the COVID-19 pandemic?

Posted in: First Tuesday Q&A NI on 05/05/2020 The ICO has confirmed that it cannot relax the 30-day response period for subject access requests because it is a statutory timeframe (set out under sections 45 and 54 of the Data Protection Act 2018). However, the ICO has stated that it appreciates organisations’ attentions may be diverted elsewhe...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

How Can We Help Staff Adhere To Data Protection Principles When Working From Home?

Posted in: First Tuesday Q&A NI on 07/04/2020 The European Data Protection Board and ICO have acknowledged that we are in an unprecedented and difficult situation meaning that normal working practices had to be modified very quickly. Despite this, organisations should ensure that security measures are in place for home-working, similar to thos...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

Can We Share an Employee’s Health Information with The Public Health Agency?

Posted in: First Tuesday Q&A NI on 07/04/2020 Organisations are not prevented from sharing employees’ health information with authorities, such as the Public Health Agency, for public health purposes. This is in accordance with the lawful basis for processing under Article 9(2)(i) of the GDPR whereby processing special category data (e.g. heal...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

Is personal data held on a workplace messenger disclosable under a SAR for an ex-employee?

Posted in: First Tuesday Q&A NI on 06/08/2019 Article 15 of the GDPR, gives data subjects the right to access personal data held about them by a data controller, usually via a subject access request (“SAR”). Messages sent via a workplace messenger which involve the data subject would likely have to be disclosed as part of a subject access requ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

GDPR implications of providing employee information in a TUPE situation

Posted in: First Tuesday Q&A NI on 04/06/2019 In a TUPE transfer, the transferor (former employer) must provide the transferee (new employer) with employee liability information in relation to the transferring employees as set out under Regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) This in...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Transfer of Undertaking (TUPE)

Can an employer disclose a departing employee’s restrictive covenants to their new employer?

Posted in: First Tuesday Q&A NI on 04/06/2019 It is standard course for an employer to notify a departing employee’s new employer of any post-termination restrictions in place. Often this will simply be by cutting and pasting across the relevant sections from the employee’s contract of employment. An employee’s contract of employment wil...
This article is listed under the following topics:
Contracts of Employment Data Protection and Freedom of Information Act

How should employers deal with SARs that relate to disciplinary and grievance procedures?

Posted in: First Tuesday Q&A NI on 05/02/2019 Subject access requests (‘SARs’) are dealt with under Article 15 of the GDPR which permits data subjects to find out if their personal data is being processed; and, if so, to obtain personal data via a SAR. However, difficulties can arise for employers when data requested contains other employees’ ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Data Protection and Freedom of Information Act

What should an employer do if an employee fails to attend a grievance hearing?

Posted in: First Tuesday Q&A NI on 03/12/2018 As a starting point, an employer should consider the reasons for the failure to attend, for example, if the employee is suffering from stress as a result of the grievance procedure. If it is the first time that the employee has failed to attend, it will be appropriate to re-schedule the grievance h...

Does the employer have to provide an employee with a copy of a statement made about him in another employee's grievance meeting?

Posted in: First Tuesday Q&A NI on 04/09/2018 There is no specific legal requirement to provide an employee with a statement made about him/her in a grievance raised by another employee. The LRA Code of Practice on Grievances sets out clear guidance for employers on how to deal with grievances, and employers should be familiar with this. Howev...
This article is listed under the following topics:
Disciplinary and Grievance Issues Data Protection and Freedom of Information Act