Tue 01 Oct 2019

New Legislation, Guidance & Consultations - October 2019

Some very practical guidance has been published in the last month covering topics which many HR professionals will encounter on an almost daily basis. 

We start this month with news that the ICO has updated guidance on timescales for responding to Subject Access Requests. This is in light of a ruling from the European Court of Justice which concerned rules for calculating times limits. The timescale for responding has now changed to reflect the day of receipt of an SAR as being "day one". Previously, day one had been considered to be the day after receipt of the SAR. The time limit should be calculated from the day of receipt (whether that is a working day or not) until the corresponding calendar date the next month. That means that, for example, a SAR received on 3 September should be responded to by 3 October. 

Guidance for off payroll working rules has also been updated by HMRC to reflect the changes to how the off-payroll working rules will be applied from 6 April 2020. This follows the announcement that the off-payroll working rules would be extended into the private sector. The new guides cover April 2020 changes to off payroll working for clients  for intermediaries  for agencies and for fee-payers and a number of other related guides have also been updated including the guidance on preparing for the changes working through an intermediary and understanding off payroll working.

Finally, the English law society has published new public guidance for non-disclosure agreements. The initiative is aimed at helping the public understand their rights when faced with NDAs. The guidance comes off the back of concerns set out in the Women and Equalities Committee's report on the use of NDAs in discrimination cases.

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