Many US firms are unaware the forthcoming General Data Protection Regulation (GDPR) law will apply to them, despite the heavy penalties of a fine of up to $23,773,000, or four per cent of the company's annual global turnover if they fail to comply. John Hayes explains why US business will need to gear up.
‘Bumping’ is where an employee whose role is at risk of redundancy is moved into another role, and the employee currently performing that role is dismissed. In March, the Employment Appeal Tribunal (EAT) in the case of Mirab v Mentor Graphics (UK) considered whether employers are required to consider bumping when making redundancies, even if the employee does not request it.
Following the swathe of recent case law on holiday pay, a recent case heard by the European Court of Justice has further expanded the position in favour of workers. In King v Sash Window Workshop Ltd (29 November 2017) a self-employed contractor, who was actually a worker, was held to be entitled to be paid for outstanding holiday pay stretching back over a thirteen year period.
From 6 April 2018, Tribunal award limits and redundancy pay calculations increase as follows:
• a week's pay - £508 (currently £489).
• maximum basic award/statutory redundancy payment - £15,240 (currently £14,670).
• maximum compensatory award - The lower of £83,682 (currently £80,541) or 52 weeks' pay.
When the GDPR comes into force on 25 May 2018, it is unlikely that you will be able to obtain valid consent from staff for processing their personal data. This is because the GDPR introduces a more stringent requirement for consent, which has to be ‘freely given, specific, informed and unambiguous’. As a consequence, employers will need to rely on other lawful grounds for processing personal data of their staff.