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Following a number of queries received on the government’s proposal to introduce rapid mass COVID-19 testing in workplaces, Nils O’Donoghue discusses the basic steps you will need to take to ensure data protection compliance if you are planning on testing your employees here

In the News

 

Free Workplace COVID-19 Testing

The government guidance on Working safely during coronavirus (COVID-19) was updated on 10 February 2021 to confirm that workplace testing shall reduce the employee headcount eligibility from 250 down to just 50 employees.

Anyone with coronavirus symptoms can get a free NHS test. However, you can now order rapid lateral flow tests to test employees with no coronavirus symptoms.

You can register to order tests if:

  • your business is registered in England
  • you employ 50 people or more
  • your employees cannot work from home

For more details or to place an order please see the government website https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/updates

House of Commons passes Maternity Leave Bill

The House of Commons passed The Ministerial and other Maternity Allowances Bill 2019-21, which also had its first reading in the House of Lords. This bill, if passed into law, would allow for ministers to take a 6-month period of maternity leave on full pay as currently, ministers would have to either resign or hold a junior position in order to qualify for maternity leave unless specifically granted this leave by the Prime Minister. The Bill does not include any provisions to include the general public in its scope therefore no changes are currently anticipated to workers’ rights. https://services.parliament.uk/Bills/2019-21/ministerialandothermaternityallowances.html

CJRS Scheme Claims to be Published from February 2021

HMRC confirmed they will start publishing details of employers’ Coronavirus Job Retention Scheme (CJRS) claims from February 2021. The published information, relating to claim periods starting on or after 1 December 2020, will include the employer name, an indication of the value of the claim within a banded range and the company number. Furloughed employees will also be able to see details of claims made for them after 1 December 2020 in their personal tax account. https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

Your European Trade Marks After Brexit

If you hold an existing EU trade mark, your trade mark will continue to apply in mainland Europe as before. However, there are potentially issues relating to use of the trade mark in Europe when it comes to potential actions for infringement of your mark or to revocation for non-use and you should seek specific advice on your position. For further information please visit https://www.chadwicklawrence.co.uk/news/european-trade-marks-brexit/

Employment Status – UK Supreme Court Rules that Uber Drivers are Classed as ‘Workers’

The Supreme Court ruled on 19 February 2021 that Uber must classify its drivers as workers which means they shall be entitled to minimum wage and holiday pay. https://www.supremecourt.uk/cases/uksc-2019-0029.html

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