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What do we need to do?

Privacy policy – You must make sure the relevant privacy policies deal with how you will process Covid-19 data. You should have an employee privacy policy and this may already deal with health data (if it doesn’t, it should). You might also need to look at privacy policies for customers, visitors and suppliers. This ensures that processing is lawful, fair and transparent.

Lawful processing conditions – You will need to consider which processing conditions you are relying on (remembering that you need both an Article 6 condition and an Article 9 condition – this is the part of the GDPR which deals with special category data). As a lot of the data you collect will be about employees, you can’t use consent so you will have to find another lawful reason under GDPR which allows you to process the data.

Appropriate policy document – When you are considering your Article 9 processing conditions, remember you must also have an “appropriate policy document” in place.

Processing record – Finally make sure your processing record is up to date with information on what data you collect and use.

Related FAQs

How do I take “all reasonably practicable steps” to protect my employees during the coronavirus outbreak?

Follow up to date UK Government advice. This can be found at: https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/guidance-for-employers-and-businesses-on-coronavirus-covid-19

For best practice and more detailed information; consult the HSE’s website at https://www.hse.gov.uk/news/coronavirus.htm

Failing to follow the guidance is likely to be regarded as failing to take all reasonably practicable steps.

What if an employee cannot work from home but is genuinely afraid of travelling / going into work - what options do I have?

There is less guidance in respect of whether an employee can refuse to go into the workplace as a result of health and safety concerns about their commute. An employer’s duties to ensure the health, safety and welfare of its employees only extend to the workplace or where an employee is acting in the course of their employment. This does not include the risks of travelling to and from work by public transport.

As there are various ways in which an employee can travel to work, it will be difficult for them to legitimately refuse to come to work due to their commute.  Employers should discuss any concerns with the employee and seek to find an appropriate resolution. The government has published guidance on safer travel for passengers during the Covid-19 pandemic and employers should encourage flexibility as far as possible, such as allowing employees to travel at off-peak times and staggering workers’ hours.

The Government

Government’s Covid-19 landing page

https://www.gov.uk/coronavirus

Covid-19 recovery strategy

https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy

Working safely during Covid-19

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Working safely during Covid-19: construction and other outdoor work

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/construction-and-other-outdoor-work

Working safely during Covid-19: factories, plants and warehouses

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/factories-plants-and-warehouses

Working safely during Covid-19: labs and research facilities

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/labs-and-research-facilities

Working safely during Covid-19: offices and contact centres

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/offices-and-contact-centres

Working safely during Covid-19: other people’s homes

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Working safely during Covid-19: restaurants offering takeaway or delivery

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery

Working safely during Covid-19: shops and branches

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches

Working safely during Covid-19: vehicles

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/vehicles

Business support: loans, tax relief and grants for businesses, employees and self-employed people

https://www.gov.uk/coronavirus/business-support

Education and childcare

https://www.gov.uk/coronavirus/education-and-childcare

Housing and accommodation: renting: guidance for landlords, tenants and local authorities

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

Housing and accommodation: moving home

https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

Housing and accommodation: planning inspections

https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance

Healthcare workers, carers and care settings: NHS guidance for people working in healthcare

https://www.england.nhs.uk/coronavirus/

Healthcare workers, carers and care settings: PPE hub

https://www.gov.uk/government/collections/coronavirus-covid-19-personal-protective-equipment-ppe

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance

Healthcare workers, carers and care settings: shielding and protecting people who are clinically extremely vulnerable

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance#guidance-for-unpaid-carers

Healthcare workers, carers and care settings: health, care and volunteer workers parking pass and concessions

https://www.gov.uk/government/publications/covid-19-health-care-and-volunteer-workers-parking-pass-and-concessions

International travel and immigration: travel advice for British citizens travelling abroad

https://www.gov.uk/guidance/travel-advice-novel-coronavirus

International travel and immigration: foreign travel advice for each country

https://www.gov.uk/foreign-travel-advice

International travel and immigration: waiting to return to the UK

https://www.gov.uk/guidance/coronavirus-covid-19-staying-where-you-are-if-you-cannot-return-to-the-uk

International travel and immigration: essential international travel guidance

https://www.gov.uk/guidance/coronavirus-covid-19-essential-international-travel-guidance

International travel and immigration: advice for UK visa applicants and temporary UK residents

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

Government’s financial support for businesses

This page help businesses find out how to access the support that has been made available, who is eligible, when the schemes open and how to apply.
https://www.businesssupport.gov.uk/coronavirus-business-support/

Rishi Sunak

The Twitter feed of the Chancellor of the Exchequer, where he has published various responses to some FAQs from the public.
https://twitter.com/RishiSunak

What was included in the Government’s self-employment income support scheme?
  • A taxable grant worth 80% of the average monthly profit over the last three years (one or two years will be reviewed for those who do not have three years of tax returns)
  • The grant will be capped at £2,500 per month
  • The scheme was initially available for three months and has been extended as necessary
  • Individuals claiming a grant can continue to do business (unlike employees who must not work when furloughed)
Can employees with caring responsibilities be placed on Flexible Furlough?

Employees who are unable to work because they have caring responsibilities resulting from the coronavirus can continue to be furloughed. For example, employees that need to look after children can be furloughed, as you have previously submitted a claim for them in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June.

As more people return to work, there is an increased chance of more parents having childcare issues until Schools are fully open. However, they can’t be placed on furlough unless they had been on it before. So it would likely be unpaid leave, unless the government amends the scheme to grant an exemption.