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18/02/2021 (QMS) General Legal Register

(QMS) General Legal Register 6.1.3

Guidance For further information & guidance please visit www.hse.gov.uk

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Employment Modern Slavery Designed to The Modern The


Act 2015 combat modern Slavery Act employer's
slavery in the 2015 places slavery and
UK. obligations on human
Consolidates businesses with trafficking
previous a turnover of statement
offences relating £36 million or might include
to trafficking and over to ensure information
slavery. that their on: its
business, and structure,
the supply business and
chains used by supply chains
the business, ;its policies in
are free from relation to
modern slavery. slavery and
The Act human
requires trafficking; its
businesses to due diligence
include an processes in
annual "modern relation to
slavery slavery and
statement" in human
each annual trafficking in its
report. A link to business and
the statement supply chains;
must also be the parts of its
included on the business and
website of the supply chains
business. In where there is
order to provide a risk of slavery
this statement, a and human
business needs trafficking
to ensure that it taking place,
has carried out and the steps
appropriate due that it has
diligence on its taken to assess
supply chains to and manage
enable it to that risk; its
accurately effectiveness
reflect risk and in ensuring
identify that slavery
appropriate and human
mitigation trafficking is
strategies. not taking
place in its
business or
supply chains,
measured
against such
performance
indicators as it
considers
appropriate;
and the
training about
slavery and
human
trafficking
available to its
staff.
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Rules on
accounts record
keeping and
Company
retention (Part
To ensure accounts
15, Chapter 2)
Companies Act records are kept complying
Data and company
2006 (with securely and with record
Protection communication
amendments) retained for keeping and
(Schedule 5). To
correct period. retention
ensure records
requirements.
are kept securely
and retained for
correct period.

Data Data Protection The GDPR forms Personal data is Your


Protection Act 2018 / part of the data information that obligations
GDPR protection relates, either under the
Regulations regime in the directly or GDPR will vary
(with UK, together indirectly, to an depending on
amendments) with the new individual. That whether you
Data Protection individual must are a
Act 2018 (DPA be identified or controller, joint
2018). It defines identifiable controller or
the either directly or processor,
requirements indirectly from Controllers are
applicable to the one or more the main
management of identifiers or decision-
personal data. from factors makers – they
specific to the exercise
individual. The overall control
GDPR covers over the
the processing purposes and
of personal data means of the
in two ways: processing of
personal data personal data.
processed
wholly or partly
by automated
means (that is,
information in
electronic form);
and personal
data processed
in a non-
automated
manner which
forms part of, or
is intended to
form part of, a
'filing system'
(that is, manual
information in a
filing system).
Some of the
personal data
you process can
be more
sensitive in
nature and
therefore
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requires a
higher level of
protection. The
GDPR refers to
these types of
data as 'special
categories of
personal data'.
This includes
personal data
about an
individual's:
race, ethnic
origin, political
opinions,
religious or
philosophical
beliefs, trade
union
membership,
genetic data,
biometric data
(where this is
used for
identification
purposes),
health data, sex
life, criminal
convictions and
offences or
sexual
orientation.

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The Equality Act


2010 is an Act of
Parliament of the
United Kingdom
with the primary
purpose of
consolidating,
updating and
supplementing
the numerous
prior Acts and
Regulations, that
formed the basis
of anti-
discrimination Protected
law in Great characteristics:
Britain. These age, disability,
consisted, gender
primarily, the reassignment, Equal
Equality Act
Welfare Equal Pay Act marriage and Opportunity
2010 - Welfare
1970, the Sex civil partnership, Policy
Discrimination race, religion or
Act 1975, the belief, sex and
Race Relations sexual
Act 1976, the orientation.
Disability
Discrimination
Act 1995 and
three major
statutory
instruments
protecting
discrimination in
employment on
grounds of
religion or
belief, sexual
orientation and
age.

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From 1st
January 2021,
UK recognised
notified bodies
There have been Manufacturers, will no longer
changes to the importers, etc. be recognised
requirements for placing goods in the EU. They
CE marking on the market in will however
products Great Britain will automatically
following Brexit need to UKCA become
exit date. There mark goods ‘approved
is no change in from 1st bodies’ which
relation to January 2022. can carry out
existing CE Most new CE third-party
marked stock marked goods conformity
which has can continue to assessments in
already been be placed on the UK. For
‘placed on the the market in UKCA
market’ before GB until that marking,
1st January date after which where third
2021. The time they must party
changes apply be UKCA assessment is
Product CE to placing marked. required the
Safety Marking/UKCA goods on the However, if the conformity
market for the goods are of a assessment
first time on or type that must must be
after 1st January be assessed by carried out by
2021. The an independent a UK
procedure for ‘notified body’, recognised
carrying out and this body is approved
conformity based in the UK, body. CE
assessment and the goods must marked goods
marking of be UKCA which were
goods in the UK marked from 1st conformity
will change, but January 2021 assessed by a
the standard to unless the UK recognised
which goods assessment files notified body
must conform is have already will no longer
not planned to been be accepted in
diverge from transferred to the EU.
existing EU an EU based Conformity
standards. notified body. assessment
files must be
transferred to
an EU based
notified body.

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The National
Minimum Wage
Regulations sets
out the
Her Majesty’s
minimum The National
Revenue &
amount of pay a Living Wage
Customs
worker is was introduced
(HMRC) have
entitled to per in 2015. It is
the authority
hour. This wage specifically for
to take
National is based on a workers aged
Earnings employers to
Minimum Wage worker's age. over 25 years
court if they
There is also a and it is the
are not paying
specific rate for lowest wage
workers the
apprentices. It is that can legally
national
a legal be paid to these
minimum
requirement for workers.
wage.
employers to
pay workers the
national
minimum wage.

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