TICAtimes Summer 2018

Summer 2018
#70
Off the job
training 04
Smart
assessor 12
CSCS goes
back to basics 06

Welcome to the
Summer 2018 TICA Times
OUR NEW MEMBERS
Great to have you with us!
4Global Insulation (European)
4Allerdale Thermal
4ODE Insulation
4Behling Insulation Supplies
4RTC Insulation
10
Contents
04
06
08
11
12
14
15
16
Off the job training
CSCS goes back to basics
14
High finish in European Championships
WrapTec refurbishment challenge
Smart Assessor
#MeToo – sexual harassment in the workplace
FREE Asbestos Awareness Training
General Data Protection Regulations
Marion Marsland - Chief Executive
Foreword
Welcome to our Summer TICA Times. Our TICA
AGM and Annual Lunch is now at the final
preparation stage. For TICA staff, our annual
lunch is a great opportunity to gain feedback
from you all and we do hope you will join us for
our Apprentice and Awards Presentations.
The UK apprentice team made a fantastic contribution
competing in the FESI European Apprentice
Championship at the IEX trade fair finishing a very
respectable 4th. Pictures and feedback from the
competition are on page 17 of this edition. TICA would like
to say a big ‘ thank- you’ to steel manufacturers SSAB who
provided very generous sponsorship to our team.
In previous editions we have given lots of information and
updates to our employers on apprenticeship training and
funding. On page 4, information on the new requirements
for ‘off the job training’ (OTJT) are detailed and we
encourage all members to read and fully understand
these new rules which are a mandatory requirement of all
English apprenticeships.
The TICA Skill Card is now well embedded into our
organisation and the Skill Card team continue to issue
cards to employer operatives and to self-employed
operatives. Virtual skill cards are now on the increase so
our operatives can carry all of their certification details on
their mobile phone.
Our Asbestos Awareness online training went live to
members at the start of June after consultation with
members. We hope in future to build on this work, adding
other training courses onto this platform, for example tool
box talks, and we will discuss and update members at
Regional Meetings in the Autumn.
GOT
NEWS?
Share it with the industry. Add us to your media release
distribution list and send us your case studies and features
so we can consider them for future issues.
Advertising opportunities are available.
Further information from lynnelambe@tica-acad.co.uk
01325 466704
Enjoy the rest of the summer, and please don’t forget to
reserve your place at our annual lunch at The Oval in
October. Bookings can be made by email to:
lynnelambe@tica-acad.co.uk
Marion Marsland
03

New “Off the job training”
requirements for Apprentices
Apprenticeship programmes have changed substantially
recently and successive governments have regulated
the structure of the training programmes. However,
a common feature of the programmes has been the
combination of on-the-job and off-the-job training.
It is accepted by all the stakeholders in the sector that the most
effective programmes are those that combine training whilst doing the
job as well as time taken to learn new ways of working and new skills.
TICA supports this principle and we have developed programmes
which combine these two elements effectively. We value the time
spent on off-the-job training which can be at The National Training
Centre in Darlington or at the workplace.
04
From May 2017 the Government, through its funding agency the
Education and Skills Funding Agency (ESFA), has introduced new
rules to manage the delivery of off-the-job training. There have
always been rules about delivering off-the-job training but these were
generally managed through the delivery of the qualifications and
were monitored by awarding organisations. The new rules are more
specific in the need to deliver and monitor the off-the-job training
which has to be a minimum of 20% of an apprentice’s employed time
whilst on the apprenticeship programme.
Off-the-job training is defined as “training received by the apprentice,
during the apprentice’s normal working hours, for the purpose of
achieving their apprenticeship. It is not training delivered for the
sole purpose of enabling the apprentice to perform the work for
which they have been employed. [It must be...] directly relevant
to the apprenticeship standard, teaching new knowledge, skills
and behaviours required to reach competence in the particular
occupation.” (ESFA 2017/18 Apprenticeship Funding Rules)
TICA has been working with apprentices for many years where the
performance of working tasks are very much part of the training
package. TICA will monitor the progress of the apprentices as a
matter of course through the Smart Assessor electronic portfolio
system.
TICA fully supports the drive to ensure that all apprentices should
have the opportunity to learn new skills for a substantial period of their
training programme. This can be achieved without major disruption
and ensures the apprentice can competently do their job and make
a major contribution as part of their employment. Employers working
closely with TICA can ensure that they maximize the opportunity
for apprentices to learn as well as ensuring the apprentices can
maximise their contribution as an employee.
TICA will ensure that the 20% OTJT rule is met but that the needs
of the apprentice and the employer drive the delivery model and
monitoring.
Top tips for making the
20% work for employers:
‘Off-the-Job’ or ‘On-the-Job’ – It could be argued
that the term ‘off the job’ is a little unhelpful as it suggests
apprentices physically need to be away from their work
premises for it to apply. This is not true and training can
absolutely happen in the workplace. To count it just needs to
be the case that apprentices are not undertaking normal
day-to-day duties and that their time is being spent in
some form of training or development relevant to the
Apprenticeship standard they are completing.
20% - doesn’t mean one day per week - Again
many employers assume that 20% means one day per
week needs to be spent training. However as long as in its
entirety 20% of the programme has been spent in training
and development then you can plan the training to take
place whenever and wherever you want.
Embrace flexibility of delivery methods – It is the
case that the 20% has to be achieved in work time so if you
only allow your apprentices to study in the evening and at
the weekend, then this won’t count.
OTJT will be monitored and evidenced using the Smart
Assessor ePortfolio system. Apprentices and Employers
will have access to the Smart Assessor portal, all OTJT
must be logged on the system by the Apprentice and/or the
Employer and the time spent on OTJT will be automatically
calculated and added to the running total.
At regular review points, our Training Officers will then
review with your learners what training they have received
over the last period to make sure that what was agreed at
the start of the programme is being adhered to. Our
Training Officers will log this on Smart Assessor

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CSCS goes
back to basics
The Construction Skills Certification Scheme (CSCS) was
set up 23 years ago to ensure that everyone who works on
UK building sites has the training and qualifications they
need for their role. However, over time that original aim
was lost.
“When I joined in 2012 the Construction Site Operative (CSO) card,
which required no qualifications to obtain, accounted for half of the
cards in circulation, while the Construction Related Occupation (CRO)
card, which again required no qualifications, accounted for another
quarter,” said CSCS Chief Executive Graham Wren. “This undermined
the scheme’s original purpose, which was to certify that the individual
had achieved a construction-related qualification.”
CSCS stopped issuing the CRO card in March 2017. By the end of
2020 there will be no more CRO cards in the industry.
A result of these reforms is the end of the 100% carded workforce
requirement held by many contractors and clients. You only need a
card if you’re going to be working on-site doing a construction-related
occupation. Site managers must have plans in place for nonconstruction
workers. These might include inducting, escorting and
supervising these workers.
Thankfully the CSCS board has ensured that CSCS has returned to
its original aim. The CSO card was removed in 2014 and replaced
with the Labourers card. This card requires the applicant to obtain
a Level 1 qualification. By next summer all the old CSO cards will
have expired. Former CSO cardholders will have to be qualified to
get new CSCS cards.
The next step was getting rid of the CRO card. There were around
350,000 CRO cards in circulation across more than 300 occupations.
Many were unrelated to construction. CSCS worked with sector
representatives and standard setting bodies like CITB and TICA to get
qualifications in place for all construction related roles. Non-construction
related roles were removed from the scheme.
06

CLC and Partner Card Schemes
The Construction Leadership Council (CLC) has been key in bringing
CSCS back to its original aims.
The CLC was created in 2013 to work between industry and
government to identify and deliver actions supporting UK construction
in building greater efficiency, skills and growth. The CLC saw that there
were numerous card schemes within the construction industry. Many of
which operated with inconsistent qualification standards.
In 2015 the CLC tackled this issue by announcing (via its Industrial
Strategy: Construction 2025) that industry, including trade associations,
contractors, clients and government, should specify and promote card
schemes carrying the CSCS logo with no equivalents accepted. This is
known as the One Industry Logo action.
The CLC listed a number of requirements necessary for a card
scheme to qualify for the CSCS logo, which include:
• Agreeing appropriate qualifications for each occupation
• Setting a minimum standard for skilled occupations at
NVQ Level 2
• Introducing smart technology by 2020.
That happened in January 2015 and the card schemes have
until 2020 to meet those requirements.
Since 2015 CSCS has been working with other card schemes active
in the construction industry to develop plans to meet the CLC’s
requirements. CSCS has signed agreements with many other schemes
enabling them to display the CSCS logo on their cards. These are
known as Partner Card Schemes, one of which is TICA-ACAD.
CSCS and the Partner Card Schemes are committed to ensuring
construction site workers are appropriately qualified. In doing so
they are playing their part in improving standards and safety on UK
construction sites.
With these changes from CSCS and the Partner Card Schemes, the
CSCS logo will provide the industry with a renewed confidence that
the card holder has achieved the required standard of training and
qualifications for their occupation. By the end of the decade, holding a
CSCS card will mean holding or training for a qualification. CSCS has
gone back to basics.
Build UK
Build UK updated trade association members including TICA at the
May forum and below is a summary of current topics:
• Duty to Report – the Duty to Report on Payment Practices and
Performance requires all large companies who meet at least two of the
following thresholds for two consecutive financial years to report on
their payment practices every six months:
• £36 million annual turnover or above
• £18 million balance sheet total or above
• 250 employees or above
Some TICA members may have to report and detailed information
about what is required can be found in the Government Guidance.
Build UK will be benchmarking its Contractor members on their results
from the end of July to ensure that the information is accessible for the
construction supply chain.
• Apprenticeships – Build UK attended a meeting with Minister for
Construction Richard Harrington MP earlier this month to discuss
apprenticeships, the Apprenticeship Levy and T Levels and the issues
raised can be found in our internal briefing note.
• Modern Slavery – The Chartered Institute of Building (CIOB),
supported by Build UK, has launched a best practice toolkit to help the
construction industry tackle modern slavery.
• Mental Health – there is a range of work being undertaken on the
issue of mental health and we will share further information regarding
the initiative that Build UK is supporting in future updates. TICA will be
supporting MIND – the mental health charity – for the year 2018/19 and will
launch our fundraising activities at our upcoming Annual Lunch in October.
07

FESI (European Federation of Associations of
Insulation Contractors) European Insulation
Apprentice Championship 2018
Cologne May 2018
Following a rigorous selection process the UK team
representing TICA was made up of Jordan Harding of
Western Thermal Ltd and Derrick (Del) Rodger of Hertel.
Colin Wales, one of TICA’s Regional Assessors made up
the team as official team coach.
Craig Swallow, another of our Regional Assessors, went through
the FESI selection process and was appointed as an official
Championship Judge. This was quite an achievement for Craig, as
10 short years ago he was participating in the FESI championship
as an apprentice!
The Championship took place in the central arena of the annual
Insulation Expo Europe (IEX) trade fair, the 12 teams, representing
all the European Thermal Insulation training programmes, were
provided with a generic specification prior to the contest.
Jordan and Del spent a week at the National Training Centre in
Darlington, getting to know each other’s skills and ways of working
and familiarising themselves with the specification.
The contest was held over 2 long days in the hot, noisy, busy arena
with hundreds of insulation experts watching on – not an easy
environment in which to concentrate on producing high quality
insulation and cladding.
Jordan and Del developed an instant understanding of each other
and quickly developed a close working relationship. Under the
expert eye of Colin, the coach, they produced extremely high
quality workmanship and were eventually rewarded with 4th place
overall. This was the highest the UK team has ever achieved and
they are, naturally, very proud of themselves, as is all of the UK
Thermal Insulation industry!
Well done Jordan and Del!
08
Many thanks to SSAB
for sponsoring the trip

Got your phone?
You’ve got your Skill Card
As well as your physical Skill Card,
we’re now issuing a virtual card, so
you’ve always got it to hand.
The virtual Skill Card is stored on the
Vircarda app, which is available to download
FREE of charge from Google Play, the
Windows Store and The App Store.
Once you have installed Vircarda, simply
enter the registration code and PIN we’ll
send you in order to download your Skill
Card onto your phone or tablet. Your virtual
Skill Card has information about you and
your qualifications, which will display and be
stored electronically on your device.
Your card can be checked using Go Smart
software, available for:
• PCs and laptops running Windows with
a camera or QR reader
• Android devices
• Windows smartphones
• iPhones from iPhone 5
To enable someone to check your card
using Go Smart, touch the
Read Card option in Vircarda. This will
generate a secure QR code
that can be read only by Go Smart. Go
Smart can check cards both
offline and online.
Skill
Card
New applicants
Virtual Skill Card: £23
Physical Skill Card: £30
Both cards: £33
Already have a TICA Skill Card?
Add a virtual card for £3. Simply call
the Skill Card team on 03333 237751
to apply.
4 Find out more about Virtual Skill Cards and apply online at tica-acad.co.uk

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CASE STUDY
WrapTec measures up to
refurbishment challenge
When Colin Boultwood, Head of Service at
GEA Refrigeration’s Sittingbourne branch,
was asked by a client to provide a 10-year
warranty on a contract to refurbish pipe
insulation for a cooling and refrigeration
plant, he was loathed to provide it unless
certain conditions were met.
“ We had been maintaining the pipe work for
some time but it was a bit like painting the Forth
Bridge. No sooner had a section of insulation
been completed, then another section would
reveal itself to be in need of repair. It was foilbacked
insulation that had seen better days and
it was clearly time to suggest that the whole lot
be replaced. The existing insulation was full of
water, had been hacked at and was basically
collapsing on itself,” he explains.
Colin and the client eventually arrived at a
solution that the warranty for the work on the
plant would be granted as long as the entire
refrigeration system was re-insulated, vessels
and valve stations included.
“There was a great deal of work to be done
when you consider we had the main plant room,
an external facility, eight valve stations, two
additional evaporators and hundreds of metres
of pipe work to inspect, prepare and insulate,”
explains Colin, adding for good measure that his
team used over 450 flap wheels to rid the pipes
of rust before painting.
For the insulation Colin called in specialist
contractor, Thermotel, with whom he had worked
previously. Within the company’s tender was a
suggestion that the pipe insulation be clad in
WrapTec, a self-welding polyisobutylene material
rather than traditional PIB or metal.
Thermotel’s Grant Bailey outlines why WrapTec
was considered:” We had used the product
on several jobs before and its characteristics
suited this particular contract very well. We
were looking for a product that could act as
vapour barrier to prevent CUI (corrosion under
insulation), as that had been a major problem
in the past. We also needed a cladding material
that could cope with the complexity of shapes
present in the pipe work, valve stations and plant
rooms. We knew WrapTec would fit the bill.”
Amongst the cladding challenges facing the
Thermotel team were three horizontal surge
drums measuring 1.5m in diameter and 2m in
length, eight valve stations serving the chill room
and freezer, two additional evaporators in the
freezer and hundreds of metres of pipe work. If
this weren’t challenging enough some of the pipe
runs measured 280m in length and were 15m in
the air, posing the additional question of access
in what was already a tight time frame for the
project.
In the event WrapTec proved its worth
beyond simply meeting the required cladding
specification. “ Given the locations and difficult
access of some of the refrigeration plant, it
was a real bonus to be able to use WrapTec.
Transporting alternatives such as metal cladding
would have been problematical and not having
to worry about adhesives when working at height
or carrying out COSHH assessments, made the
job easier,” explains Grant.
Within the cladding team there was unanimous
praise for the product, even from those who
were working with it for the first time. The
consensus was that it took about half a day to
fully appreciate the capabilities of WrapTec,
its elasticity and ability to take shapes, its
flexibility and self-welding properties, but then
subsequently no pipe or valve configuration was
too complex. “There’s no better product for this
type of installation, “ offered one of the team.
“ Overall we were very pleased with the job,”
adds Grant.” Where previously there had been
leaks and drip trays full of water, now everything
is dry, there’s no condensation and everything
looks neat and tidy.”
For Colin Boultwood the best and most
surprising outcome has been the reports from
the client that since the contract was completed,
the refrigeration plant has been performing
better. “ We’ve heard that the compressors have
been shutting down, not because of malfunction,
but because the coolant temperatures have
been stable, even on hot days as a result of the
plant working more efficiently.”
Perhaps the biggest plaudit for WrapTec is that
Colin is now actively seeking to introduce the
product across the business. “ Originally I was
of the opinion that as long as WrapTec met
legislation it would do, but on closer inspection
and working with the product, it does a lot more
than I initially thought.”
For further information
visit www.wraptec.net
or call Mike Barsby, UK Sales
Manager on 07702 952087.
11

Smart Assessor
From May 2018 TICA and ACAD training staff have been busy
implementing and learning how to use a new ePortfolio system for
monitoring and assessing all Apprenticeships and S/NVQs.
Smart Assessor is the ePortfolio market leader across all FE and
Independent Training Providers and will give our apprentices,
candidates, trainers, assessors, managers and employers access
to all the information required to ensure adequate progress is being
made across all of our qualifications and training courses. In addition
to inputting information about training at TICA House and work
experience out on site users will be able to access the Virtual Learning
Environment (VLE). The VLE is a library of resources accessible via
the internet 24/7. We will be constantly loading new material, updating
existing material and developing progress/ gateway assessments
which can be undertaken at any time.
Failure to comply with ESFA requirements will result in termination of
the funding for your apprentice and the subsequent cancellation of the
training programme.
Our assessors and trainers are excited about using this system – it
will mean that they will be able to communicate face to face with both
apprentices and employers without driving long distances. Smart
Assessor has a built in digital communication system (similar to Skype
or Facetime) so not only will they be able to speak to each other, they
will see each other and the candidates will be able to demonstrate their
onsite skills either live or by recording and uploading video footage.
Employers will be able to engage more actively in the onsite training and
experience of their apprentices as they will have to log into the system to
provide verification and comment on the progress and behaviour of their
apprentices. It is very important as an employer that you understand your
legal commitment to the Education and Skills Funding Agency (ESFA)
when engaging with an apprentice, you must provide adequate time for
‘off the job’ training (OTJT) to complete work each month using the virtual
learning platform. This is in addition to the time spent at the National
Training Centre. Smart Assessor logs all relevant training and keeps a
running total of all OTJT hours
12
The technical stuff
Smart Assessor is the market leader in specialist apprenticeship
software that captures evidence of skills, knowledge and behaviours.
Using dynamic and innovative dashboards it keeps apprenticeship
training providers and end point assessment organisations audit
compliant and learners more engaged with their learning journey.
Smart Assessor is approved by all of the major awarding bodies,
an Investor in People, ISO9001 and ISO 27001 security accredited.
Smart Apprentices is a strong and stable partner of choice for
apprenticeship providers and end point assessment organisations.
Smart Apprentices is an award winning, innovative suite of technology
platforms purposely designed for approved training providers and end
point assessment organisations who aspire to deliver outstanding
apprenticeships and end point assessments.
The new employer apprentice levy presents exciting opportunities for
apprenticeship training providers to transform their relationship with
employers.
Smart Apprentices , includes resources in mathematics & English,
bespoke training courses, tracking progression of knowledge, skills and
behaviours, managing 20% off the job training, monitoring gateway
assessments with Ofsted audit compliance dashboards and integrates
seamlessly with the end point assessment technology platform.
The technologies can be used as a seamlessly integrated suite of
products or individual technologies within existing technology eco
structure.

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whole of the UK.
Contact your local branch via www.sigtechnicalinsulation.co.uk

#MeToo – sexual harassment
in the workplace
Paul Johnstone, partner at Collingwood Legal,
gives an insight into recent cases involving
allegations of sexual harassment.
THE high profile “#MeToo” campaign has been headline
news in both mainstream media and social media platforms
for several months now.
The scandals involving Harvey Weinstein and the criminal
prosecution of Bill Cosby in the USA are evidence of a cultural shift
in the starkest possible terms that predatory sexual behaviour must
be treated with zero tolerance in all institutions and workplaces.
From a legal perspective it is worth highlighting that there has not
been any significant change in the law to bring about this cultural
shift. Harassment under Equality Act 2010 occurs where there is:
Unwanted conduct which has the purpose or effect of violating
a person’s dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for the recipient.
It is extremely important to appreciate that the intention or motive
of the perpetrator is irrelevant in terms of potential legal liability.
The power to trigger an allegation and a claim for harassment
(not only on the grounds of sex but also on the grounds of race,
age, disability, transgender status, sexual orientation, religious
and philosophical belief), rests with the recipient of the conduct or
behaviour.
The key words in the definition are purpose and effect. It
is irrelevant whether the perpetrator did not intend to cause
offence (i.e. had no purpose or intention to cause offence). The
determinative issue is whether the effect of the behaviour caused
such offence and distress.
All employers should make it clear in their workplace policies
which deal with equality, dignity and respect and disciplinaries and
grievances that any discriminatory conduct (including harassment)
will be treated as a very serious issue which could potentially result
in a finding of gross misconduct and a summary dismissal – that
means a dismissal without notice and without any pay in lieu of
notice.
The prohibition on sexual harassment should not mean that
humorous and affectionate behaviour would be absolutely prohibited
but it is important to appreciate that there are boundaries which
must be respected. The choice of each individual to engage in
consensual flirtatious behaviour remains intact. However where
such behaviour is unwanted by the recipient then that is where all
parties must be aware that there is a clear legal line in the sand
which should not be crossed.
The consequences of the potential abuse of power within workplace
relationships where junior members of staff may be vulnerable to
manipulation relating to career development prospects by senior
managers is an area of risk that should be properly, carefully and
respectfully managed.
In order to defend a claim of sexual harassment from an employee
an employer must show that they took all reasonable steps to
prevent such unlawful behaviour from occurring (s. 109(4) of
Equality Act 2010). If an employer cannot prove that it has taken
such reasonable steps then it could be held vicariously liable jointly
and severally for the discriminatory acts of its employees. Some
practical steps which may assist an employer’s defence in this
regard are:
• drafting and implementing policies which specifically refer to sexual
harassment as being a gross misconduct matter (ie a sackable
offence);
• making the workforce aware of those policies and the standards of
respectful behaviour required;
• providing effective training to all workers as to what constitutes
acceptable and unacceptable behaviour and how to deal with
allegations which may arise;
• dealing effectively and robustly with any complaints raised;
• creating an inclusive and open culture which is respectful to all.
More information?
For advice and guidance on how to promote equality
and avoid discrimination claims please contact Paul
Johnstone at Collingwood legal on 0191 282 2870 or
e-mail: paul.johnstone@collingwoodlegal.com.
14

FREE Asbestos
Awareness Training
for TICA Members!
TICA has teamed up with an external
training platform developer to create an
asbestos awareness on-line course.
Following consultation over the past year with our
IETTL Trustees, the trust has agreed to fund the
platform development, and free of charge licences
for all TICA members on an annual basis.
This new member benefit means that operatives
working for a TICA employer who require an
Asbestos Awareness Certificate either for a client,
or for a TICA Skill Card application, can take the
course on-line at no cost to themselves or the
member company.
Members will be granted a number of free of
charge licences through the administration team
at TICA House. The number will be based on the
operatives declared for TICA levy payment as per
the 2017 annual returns.
The course is now up and running,
contact us on 01325 466704 to register.
ANNUAL
LUNCH
Friday 5
October 2018
Kia Oval Cricket
Ground, London
SAVE THE DATE

General Data Protection
Regulations protection for
individuals and businesses
Paul Johnstone, partner at specialist employment law firm Collingwood Legal,
highlights the need to protect the data of individuals and also gives some practical
hints on how to use the GDPR rules to protect legitimate business interests.
16
On 25 May 2018, the EU General Data Protection Regulation
(GDPR) officially became enforceable in the UK.
What personal data is protected?
GDPR applies to all data subjects (ie. people not companies),
including employees, apprentices, contractors, casual workers,
clients, customers. GDPR and other data protection principles
seek to ensure that individuals’ personal data, which includes
name, home address, photos, email address, bank details, posts
on social networking websites, medical information, or a computer
IP address, is protected and processed in line with the GDPR
processing principles.
GDPR also covers “special categories of personal data” which
is also referred to as “sensitive personal data”, which includes
information in relation to racial and ethnic origin; political and
philosophical opinions, trade union membership; religious and
philosophical beliefs; sex life and sexual orientation, genetic data;
biometric data and data concerning health.
Key Elements of GDPR
• GDPR contains a new power to issue fines for non-compliance of
up to 20 million Euros or 4% of your organization’s global annual
turnover
• Data subjects are also given new rights, such as the right to be
forgotten and data portability
• Data breach notifications requirements have been increased
• Additional requirements and safeguards should be in place when
engaging data processors
• New requirement to give employees, contractors, clients,
suppliers, etc a Privacy Notice to let them know how and why you
will collect or process personal data and what you will do with it
and how long you will keep it
• Extended transparency requirements towards data subjects and
extended rights in relation to data access
• A new accountability principle which places a requirement on both
data controllers and data processors to demonstrate compliance
with GDPR.
The Information Commissioner’s Office (ICO) has published
some useful tools, including a 12-step guide to
compliance and an assessment tool on its website.
Controller or Processor or Both?
It is important to establish whether an organisation is acting as
a data “controller” (which an employer certainly will be) or a data
“processor” (for example, a contractor providing payroll services
would be). In some instances a company may be both a controller
and a processor which means that your policies and procedures
and privacy notices for compliance purposes need to be properly
drafted to reflect all relevant kinds of activities in order to establish
clear operational guidelines and chain of accountability. Contracts
with third parties also need to ensure that appropriate indemnities
are in place to protect against the risk of other organisations acting
in breach of the GDPR principles in relation to your employees.
This requires all organisations to:
• Review contracts of employment, handbooks and policies to
see whether and how they deal with data protection (and in
particular, whether consent is necessary and sought).
• Establish a policy (with a timeline) for handling data
breaches. Obtain a full picture of exposure to potential data
breaches by ensuring that breaches and loss are reported
to whoever is responsible.
• Train staff on data protection responsibilities.
• Develop and implement a policy on retention, storage and
destruction of data, including emails.
• Review business to business contracts to ensure
compliance with GDPR principles.
Need more information?
Should you require assistance with any GDPR
issues such as updating vital business protection
clauses in your contracts of employment then
please contact me on 0191 282 2870 or at
paul.johnstone@collingwoodlegal.com

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