Know Your Stuff - Legal Archive Return to current edition of Know Your Stuff Edition Week Commencing: Monday 14th November 2022 Health and safety is vital for all seasonal and temporary workers It is important that employers protect the health and safety of gig economy, agency and temporary workers. Workers are as likely to have an accident in their first 6 months at work as during the whole of the rest of their working life. HSE have further advice around protecting those who are new to the job, including 6 ways to protect new starters. Their website has guidance to help users and suppliers of agency and temporary workers understand their health and safety responsibilities. . Edition Week Commencing: Monday 7th November 2022 Feedback on claiming gift aid An HMRC digital service design team is looking at how to make it easier to use the Gift Aid Claim online service. The team is keen to hear from individuals who are involved in claiming Gift Aid on behalf of their charity. They would like to understand what works and what doesn’t work so well. Ultimately, HMRC would like to hear first-hand how they can improve the service to make it easier, quicker, and more efficient to claim vital income through Gift Aid. There are 2 ways to share feedback, either: Email [email protected] from the HMRC Gift Aid team who will arrange a convenient time for a conversation with you. Additionally, if you can spare 5 minutes or so, please access a short survey by clicking here to provide essential insight. Safeguarding Adults Week 2022 Run by Ann Craft Trust is 21-27 November. Have a look at their list of recourses. New guidance for conducting direct marketing by email and live calls The ICO has published two new sets of detailed guidance on how to comply with the requirements under the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (as amended) (PECR) for conducting direct marketing by email and live calls: Guidance on direct marketing using electronic mail explains essential terminology such as the meaning of electronic mail, direct marketing, solicited and unsolicited, the PECR rules for sending direct marketing by email, text and in-app messages, and the relationship between the PECR and data protection regimes. Guidance on direct marketing using live calls similarly provides practical guidance on the PECR rules for performing direct marketing via live calls, an overview of essential terminology, and organisations with all the information required to help avoid being in breach of PECR and exposed to the risk of enforcement action from the ICO. Helping you with cyber security – a webinar for small organisations The NCSC and ICO have collaborated to provide a webinar on the 22nd November 2022 at 10:30. The webinar will focus on practical advice to help you improve your cyber security and data protection compliance in your organisation. . Edition Week Commencing: Monday 31st October 2022 ICO direct marketing guidance for email and other electronic mail DPN has summarised the ICO’s guidance specifically outlining the rules for direct marketing using electronic mail. The guidance clarifies the position the regulator takes on consent, the soft opt-in, refer-a-friend campaigns, hosted emails, using bought-in lists and more. Direct marketing has a broad definition and covers any advertising, marketing or promotion of products and services. It also includes promoting aims and ideals, so covers fundraising and campaigning. Monitoring staff emails – intrusive or proportionate? You may have good reasons for wanting to monitor staff emails and other internal messages. Data protection law doesn’t stop you doing this. However, employers must take a transparent, justified and proportionate approach. This equally applies to any form of monitoring from login/logout time, internet usage, vehicle tracking and so on. Read this short article. Coronavirus is still with us In terms of people coming into your buildings remind them not to come in if they feel at all unwell. Far fewer people are wearing face coverings, but wearing them in crowded indoor places, particularly with people you don't normally mix with, is still a good idea so support people who feel this way. Good ventilation and good hand hygiene are also still important, so keep an eye on people using your spaces and be vigilant where you see someone who is clearly unwell. In these cases it would be prudent to clean any shared surfaces once the person has left your building. It is likely that your staff team, unless prompted otherwise, may turn up for work while they have the symptoms of a cold/cough or similar, so look at the ACAS link below for useful information relating to Covid and work. The location of the advice has changed so please read more from ACAS and HSE. Home working guidance and resources As an employer, you have the same health and safety responsibilities for people working at home as for any other worker. HSE’s home working guidance provides details on straightforward actions to manage home workers’ health and safety. . Edition Week Commencing: Monday 24th October 2022 Health and safety law poster – what you need to know The poster explains British health and safety laws and lists what workers and their employers should do. If you employ anyone, you must either: display the health and safety law poster where your workers can easily read it or provide each worker with the equivalent health and safety law leaflet Older workers: health and safety Employers have the same responsibilities for the health and safety of older workers as they have for all workers. HSE’s older workers webpage offers advice on what you need to consider, as well as linking to relevant information on: the law worker responsibilities equality law . Edition Week Commencing: Monday 17th October 2022 New VAT assessment method ‘impinges’ on charities HMRC admits this is the case! Read this article in Civil Society 10 Data Subject Access Requests Tips As seven organisations are ordered by the ICO to up their game when handling DSARs, get some quick tips for fulfilling them effectively. . Edition Week Commencing: Monday 10th October 2022 Subject Access Requests The Information Commissioner’s Office (ICO) has issued a press release detailing reprimands to seven organisations for failures to handle subject access requests (SARs) in compliance with statutory requirements. The ICO has also taken the opportunity to blog a reminder on SAR good practice. Help to prevent fraud in your charity Every charity, NGO and not-for-profit is susceptible to fraud and cybercrime by criminals who exploit every opportunity they get. Prevent charity fraud has lots of free resources to help you, your board and staff understand the risks and take action. During Charity Fraud Awareness week (17-21 October) they’re also running additional events including Combating cybercrime: A charity board toolkit (a live free webinar) 20 October 10:00 am - 11:00 am. Make sure you have the right workplace facilities You must provide the right facilities for everyone in your workplace, including people with disabled people. You must have: welfare facilities a healthy working environment a safe workplace View HSE’s simple advice on exactly what must be provided for a safe and healthy workplace, including required toilet and washing facilities. Managing violence HSE defines work-related violence as any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. This can include verbal abuse or threats, as well as physical attacks. Their website has a toolkit to help reduce the risk of work-related violence in licensed or retail premises. So of particular relevance if you run shops etc but also useful in any public facing setting and although the legislation covers staff is also useful when thinking about your volunteers. . Edition Week Commencing: Monday 3rd October 2022 Safeguarding Children and Young People with SEND Delegates will only be charged £25 to access and complete the NSPCC e-learning module (Part 1). The local Safeguarding Partnership will subsidise the live virtual session (Part 2) - a saving of £50 on the normal course price! This ‘blended learning’ offer will help you identify safeguarding concerns and risks associated with children and young people with SEND, understand the reasons behind these concerns, develop effective communication with this cohort and create a safer culture in your organisation to help protect them. Part One is an online learning module on the NSPCC platform that will provide the foundation elements of safeguarding children with a wide range of SEND needs, who may be in mainstream schools and early years’ settings, or those that accommodate specialist needs. Part Two is a live learning 3-hour session on Zoom where the learning from Part One is contextualised to the participants’ own agency or setting and applied to local learning from case audits and Serious Case Reviews. PLEASE NOTE - Participants must complete both parts of the learning to gain full certification. Book here. Working Together to Safeguard Children Please see 'Working Together to Safeguard Children' Guidance, which was updated on 1st July 2022 to reflect changes in legislation in relation to 'Working Together to Safeguard Children 2018'. Overcoming the challenges of data retention How long should we keep our data? A simple question, but one which often causes confusion and angst. Personal data can often be kept for longer than we actually need it. This short article helps you decide. 'Health and Safety Made Simple' HSE’s website outlines the basics for your business, whatever industry you work in. One topic that is featured is first aid at work, where other step-by-step guide offers advice on having the right arrangements, including: a first aid kit training workers first aid for homeworkers appointing first aiders Controlling noise at work Many people are exposed to noise levels at work that may be harmful, leading to permanent and incurable hearing damage. HSE’s publication Controlling noise at work is aimed at employers and other duty holders. It includes the Control of Noise at Work Regulations alongside guidance on what they mean. This sets out an employer’s legal obligations to control risks to workers’ health and safety from noise. For more information about controlling noise at work, visit their noise at work webpages, which include their noise exposure calculator. . Edition Week Commencing: Monday 26th September 2022 Mini-budget See what some charity leaders think about it and CIPD sets out what it means for employers and employees. Paying more than the 45p/mile rate? With the increase in the cost of fuel there have been calls to increase the tax free rate. Charity specialist accountants Sayer Vincent give some advice. Being a company director If you are a charitable company, a CIC or a not for profit company then you will have directors (charitable company trustees will also be directors). Companies House have updated their introductory guidance including a 2 minute video.