The new Employment Relations (Flexible Working Act 2023), which comes into force in 2024, will offer employees greater flexibility in their working arrangements with employers being expected to consult with them on their request providing a response within two months instead of the previous three.

Workers will be able to ask for flexibility on how, where and when they work and be permitted to make two requests a year – an increase from the current single annual request.  It was suggested that this right would be available from the first day of employment, however currently it has remained that a request can only be made after 26 weeks of employment.

Furthermore, employees will no longer need to set out in their application the effect of their request on their employer’s business or how that could be dealt with.

Kerry Hudson, Solicitor, Personal Injury and Employment at Coventry & Warwickshire Solicitors Brindley, Twist, Tafft & James, said that whilst the changes affect the entitlement to make a flexible working request, and that a consultation would need to be had, the considerations the employer must bear in mind have not materially changed. A company can still refuse a worker’s request for flexible arrangements, particularly if it is not viable, or even detrimental to a business.

But with British business and industry facing ongoing problems with staff retention, Kerry said most businesses today are willing to accommodate such requests in order to keep valued staff and avoid the expense of finding a replacement.

A report out earlier this year from global HR and payroll company Remote showed employee turnover in the UK and US had increased by nine per cent since 2019 – the last full year before the pandemic. In the UK it now stands at 35.6 per cent.

Hybrid and remote workers in the UK were the least likely to look for new roles, at 38 per cent, compared to in-office workers (43.7 per cent).

The report added that the recruitment of a new employee takes an average 40 days while the cost incurred to a business is an average 34.5 per cent of the new employee’s salary.

Kerry said that although businesses didn’t legally have to agree to an employee’s request for flexible working, they did need to be mindful of other pieces of legislation such as the Equality Act 2010.   For example, if a request is made from an employee suffering from chronic fatigue syndrome for home working for some/all of their working week and it is not agreed, if the condition amounts to a disability, could the fact that the flexible working request being turned down be grounds for a failure to make reasonable adjustments and a claim for discrimination.

Similarly, a mother’s request when coming back from maternity leave for reduced hours is denied, could it amount to discrimination?

A genuine attempt to consider the request together with consideration given for any possible compromise should be provided and the employer should be prepared to evidence that.  A proper reason needs to be advised as to why the request, if it can’t be agreed, should be set out.

Kerry advised any new agreement should be formalised in writing, in many cases drawing up a new contract of employment outlining the varied terms and signed by both parties.

Kerry said: “The retention of staff is notoriously difficult at the moment so many employers are trying to accommodate their employees and are offering flexible working.

“Where there has been a variation of terms, we would always advise formalising it. As an example, there may be a case where an employee is asked to return to the office full time, and even though it’s not in their contract argues that it’s an implied term they work from home on Fridays because they’ve done it for the past year and nobody has said anything.  If contract terms are set out in writing, it’s always much easier.”

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There is a general consensus that the human touch is gradually being removed from modern-day customer service. When individuals who hold this belief are asked why they think this is happening, technology tends to be the culprit. There is a feeling that physical locations are becoming less and less common, thus removing direct human contact. Moreover, many businesses are choosing to employ artificial intelligence in the form chat-bots to take the place of actual humans, making it impossible to even have a conversation on the phone.

While it is difficult to argue with these points, it would be incredibly naive to think that customer service could remain the same in the digital age. The key here as a business is to strike a balance. You need to take advantage of the transformative technologies that are readily available, while still providing customers with the feeling that they are actually being listened to on a human level. As a result of this new phenomenon within the business world, we decided to put this article together in order to introduce you to the ideal approach to customer service in the digital age when it comes to communication.

A Customer-Centric Approach

Despite new technologies completely revolutionising what it means to do business, there are some things that simply do not change. Customer centricity is the ability of people within a business to understand their customers’ situations, perceptions, wants, needs, and expectations. While technology has meant that these have changed, technology can also help make sure that you attain the standards required in the modern age.

In a sense, customer service today is somewhat of a paradox. People want to be able to find the information they need on their own, so you need to ensure that you have a clear and concise website and/or social media presence. However, they also want to be able to talk through something with a representative on the occasions that they require further, personalised assistance.

By providing a click to call software on your website, you are bringing your business into the 21st century. A click-to-call widget simplifies everything for the customer in terms of communication. With just one click, customers are able to initiate a phone call directly from your website or application. 

This will encourage visitors to request a call, after which they will be connected with the first available customer service agent. When we said that some things don’t change, putting the customer first and making it as simple as this is what we meant. Moreover, the business will benefit by attracting new customers in the process.

By removing the hassle of manually dialling a phone number and then waiting for a consultant to answer, you are making the most of modern-day technology, and catering to the needs and wants of digital natives, all while reintroducing the human touch to your business’s customer service experience. 

The Bottom Line

It is this blend if technology and personalization that can set a company apart in this new era of business. 

The customer will be happy with their catered service, and the business can start increasing both their leads and their revenue in an instant.

Businesses and individuals alike are at a growing reach of having their data compromised. Recent statistics from IT Governance reveals a concerning trend, with reported security breaches increasing by 11% from 1,120 cases in 2020 to 1,243 cases in 2021. These breaches have exposed a staggering 5.13 billion records containing sensitive information. This is, in part, due to the fact that organisations and private citizens can both be vulnerable to data breaches.

So, what should you do if you find yourself in this situation? Following a data breach, it’s vital to take immediate action to protect your interests.

Data protection responsibility for organisations

In the UK, the responsibility for safeguarding personal data privacy and enforcing data rights in the public interest lies with the Information Commissioner’s Office (ICO). The ICO is tasked with enforcing the Data Protection Act 2018, which closely aligns with the EU’s General Data Protection Regulation (GDPR). This legislation lays out specific principles that organisations, businesses and government bodies must follow when handling personal data.

The ICO places responsibility on data holders and is the first port of call for those whose data has been breached. Once the ICO has been notified, further legal action can be taken.

Reporting a data breach

By law, any data breach must be reported to the ICO within 72 hours of discovery. This is a critical step in initiating a thorough investigation by the ICO to identify the root cause of the breach, and ensure that all parties have fulfilled their legal obligations. Failing to report a breach promptly may reduce the chances of recovering lost personal data.

However, it’s advisable to consult legal professionals, as they can ensure a comprehensive investigation of the breach and protect your rights as a data subject. This will also provide you with a better understanding of your rights if a data breach is confirmed, increasing your chances of receiving compensation if the organisation responsible for your data is found to be at fault.

Documenting the data breach

Keeping a detailed account of the incident is essential for those who plan to or later decide to make a data breach claim, as this documentation will serve as valuable evidence during the process. The ICO requires records that include a timeline of events, details of individuals involved, and the corrective actions taken in response to the breach.

Any reports generated by investigating bodies can substantiate the claim, but you will need to show the impacts that the breach has had on you in order to get the right amount of compensation for your losses.

Containing data breaches

As soon as the breach becomes known, the organisation responsible must take immediate steps to recover the data and prevent future breaches. This could involve requesting the removal of shared critical information, identifying the source of the breach, and remotely wiping stolen digital assets.

Depending on how the organisation conducts itself in this phase, the impacts on individuals may be made worse, and this can leave the organisation further liable for legal action.

Understanding your legal rights

If you suspect that your data has been mishandled or inadequately secured, it is essential to alert the relevant organisation so that they can take corrective action. If you are not satisfied with their response or believe that further action is necessary, you should report the matter to the ICO.

Under the Data Protection Act 2018, if an organisation breaches data privacy regulations and causes you harm, you have the right to file a compensation claim. It’s important to note that you do not have to go through the ICO or wait for the conclusion of its investigation to file a claim directly against the responsible organisation.

Compensation claims

Organisations can be held accountable for data breaches, particularly those involving sensitive data such as financial or medical information. In such cases, you should seek legal advice from experts specialising in data breach claims to assess the strength of your claim.

While the ICO can investigate data breaches and establish legal responsibility, a favourable ICO verdict that the other party misused your data can significantly bolster your compensation claim, even though it may involve a lengthy process.

If you have suffered tangible losses due to a data breach, you have the option to file a claim directly against the responsible organisation. However, keep in mind that organisations may try to downplay their data security obligations or withhold information. Therefore, seeking legal guidance from experts in data breaches ensures that your rights are upheld and your claim is thoroughly investigated.