Here’s a little bit more of what we learned:

1. Shh, that’s private!

If a Trust receives a valid Subject Access Request (SAR), it must comply with the request under the GDPR without too much delay; in any event, the Trust must comply within one month at the latest.

This date is calculated from the day the request was received, e.g. if the SAR was received on 2nd of September, the deadline to comply would be 2nd of October. However, if the deadline were to fall on a weekend or public holiday, the deadline would fall on the next working day instead. Also, if the following month does not have a corresponding calendar date (e.g. there is no 31st of February) then the date for response is the last day of that following month.

Once the Trust has carried out a thorough search for the requested information, the Trust should determine which documents can be released to the requester and whether any redactions should be made. The requester only has the right to his/her own personal data. Any information containing third party data are exempt from disclosure and must be redacted unless the third party has consented to the disclosure, or it is reasonable to comply with the request without the individuals’ consent.

2. Loosey goosey, flexible… wexible?

Any employee with 26 weeks service has a right to request flexible working. This does not mean that the employer must agree to it.

A common misconception is that an employee returning from maternity leave has an automatic right to flexible working however, this is not the case.

Having followed the prescribed process for considering the request, if the employer decides that the request be refused, the employer must write to the employee giving business reasons for refusing the request for flexible working.

3. Is a casual worker the same as being self-employed?

Casual workers are not always self-employed, although in this ‘gig economy’ businesses will often recruit casual workers as self-employed contractors.

The reasons for using casual workers are varied, but employers are increasingly seeking flexibility in their workforce, and the use of casual workers is one way this may be achieved.

Usually, individuals classed as self-employed are preferable for businesses in times of uncertainty as they do not need to provide paid annual leave, the statutory minimum wage, the protections of whistleblowing legislation, the right to claim unfair dismissal or trade union recognition rights. However, it also means the individual may not be accountable in the same way as an employee or uphold the same cultural standards.

Various court rulings have awarded Worker status or even Employee status to individuals labelled ‘self-employed’ so this must be approached with caution.

See it for yourself…

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