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Since 10 March 2015 it has been a criminal offence, under s. 56 of the Data Protection Act 1998, to require individuals to make enforced subject access requests (SAR) whereby individuals’ provide personal information (including criminal records and cautions) to secure employment, goods, services or facilities.
The aim is to ensure such information is obtained through the Disclosure and Barring Service, shielding individuals from excessive disclosure of personal data that certain third parties may have no legitimate access to.
Enforced SARs remain permissible under rule of law or court order or if it is justifiable in the public interest. ICO guidance states “extremely strong justification” is needed to rely on the latter exception. For example the prevention or detection of crime would not benefit from the public interest defence due to the existence of formal criminal record checking procedures.
Organisations should ensure information related to individuals’ convictions and cautions is obtained through legitimate procedures as the offence can lead to an unlimited fine.
The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
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On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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