Data Protection and GDPR

A number of clients have enquired about the forthcoming changes for Data Protection due in May 2018. As organisations use data in very different ways and it would be impossible to answer all the questions that may arise on this topic. We have however pulled together some relevant elements from an employer’s perspective and also signposted the guidance that is been offered by the Information Commissioners Office, the enforcement body for this area.

We hope this is helpful for you as your organisation prepares for the changes.

Rob Bryan


RBA Data Protection and GDPR Summary

RBA Sample Data Protection Policy

Retention of records table

ICO website for organisations: 

ICO ’12 steps’ guidance:



Changes to Data Protection rules

Are you prepared for the 2018 changes to data protection rules?

Although the General Data Protection Regulation (GDPR) comes into force nine months before the UK is scheduled to leave the EU, UK organisations will have to abide by the new rules at least while the UK remains in the EU, and more than likely thereafter.

The Information Commissioners Office (ICO) has produced a 12-step guide to assist employers in preparing for the new rules and this can be downloaded via the following link:

The ICO’s short guide to the employment practices code is also a useful document for small businesses and provides more general information about gathering and maintaining employment records. It covers:

  • What the Data Protection Act means to an employer
  • Recruitment and selection
  • Employment records
  • Monitoring at work
  • Information about workers’ health
  • What rights do workers have?

This further guide can be downloaded via the following link:


Focus on Maternity

Workplace Maternity Discrimination

The Citizens Advice Bureau reports that it has seen a 58% increase in the number of maternity leave queries in the last two years. Below are some of the pregnancy and maternity discrimination issues to be aware of and some claims that commonly come before employment tribunals.

See the full article

For our Frequently Asked Questions on Maternity see the link here FAQ Maternity

Zero Hours Contracts

The Office for National Statistics have stated that the number of workers on zero hours contracts has risen by 19%. The ONS however warned that part of the rise could be due to increased recognition of the term “zero hours contract”.

“It is not possible to say how much of this increase is due to greater recognition of the term ‘zero hours contracts’ rather than new contracts,” the organisation explained in the summary to its statistical release.

With all the recent publicity regarding these type of contracts, it’s easy to fall into the trap of thinking these arrangements have no place in a modern workplace. However, used correctly they benefit the worker and the company, and with Christmas coming, they may be essential for some companies. The catering and retail sectors in particular need extra staff to cope with demand. Zero hour contracts allow companies to manage demand flexibly and are popular with students and people with other responsibilities.

The Department for Business, Innovation and Skills has produced a guide for employer’s on zero-hour contracts.

It explains to employers how zero-hour contracts work, the difference between appropriate and inappropriate use of such arrangements, and gives guidance on best practice and alternatives to zero-hour contracts. The guide can be found on the Gov.UK website. If you need any further assistance with this type of contract then please contact us directly.

Compulsory pension arrangements for employers

The Pensions Act 2008 will require employers to ensure that their employees are enrolled into a pension scheme making a minimum contribution of 3% of wages. Employees will contribute 3% and 1% will come from government. Arrangements will be made within a compliant employer scheme or a compulsory state scheme.

Employers with more then 250 employees will need to be enrolled by 1 February 2014

Employers with 50-249 employees will need to be enrolled by 1 April 2015

Employers with 30-49 employees will need to be enrolled by 1 October 2015

Employers with less than 30 employees will need to be enrolled between 1 January 2016 and 1 April 2017.

Rob Bryan Associates