Clarkslegal Law Bites

In October 2024, the Government unveiled its Employment Rights Bill which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers’ rights. In part 1 of the Employment Rights Bill podcast in the ‘Talking Employment Law’ series, Louise Keenan and Lucy White , members of the employment team at Clarkslegal, will discuss some of the main provisions of...

Asda workers fighting for equal pay have advanced to the final stage in their legal battle, as the employment tribunal ruled that the majority of claimants working in retail roles in Asda supermarkets were doing work of equal value to their counterparts working in distribution centres. In the latest podcast of the ‘Talking Employment Law’ series, Louise Keenan and Shauna Jones, members of the empl...

Data retention is the storage of data for a specific period, guided by legal, operational, and regulatory considerations. While data minimisation principles advocate for limiting the collection and storage of personal data, retaining certain information is often necessary for various purposes. In this podcast, Jesse Akiwumi and Harry Berryman, members of the Data Protection team at Clarkslegal, ad...

In this eighth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, focuses on dismissals in a TUPE context and, in particular, the additional protection afforded by TUPE. In this episode, Katie will cover: What is an unfair dismissal TUPE's relationship to unfair dismissals  Employee protections against dismissal under TUPE  Dismissals due to transfer  Eco...

Understanding Data Subject Access Requests (DSARs) is crucial for businesses. For many companies, opening a DSAR is a daunting task, and it can be difficult to know where to start when faced with a mountain of potential documents to disclose. In this podcast, Lucy Densham Brown and Jacob Montague , members of the Data Protection team at Clarkslegal , have narrowed down the top FAQs we receive on D...

In this seventh episode of our TUPE Podcast Series, Louise Keenan will discuss the restrictions on changing terms and conditions for employees who are transferring.     In this episode, Louise will cover: Restrictions on changing terms and conditions Permissible changes to terms and conditions, including those for economic, technical, or organizational (ETO) reasons  Examples from case law If you...

Data protection is increasingly crucial for HR as regulations evolve and data breaches become more common. In the second episode of the ‘Data Protection Unlocked for HR’ podcast series, Harry Berryman and Shauna Jones, members of the Clarkslegal data protection team, share invaluable insights on how HR can ensure compliance, safeguard employee data, and maintain privacy standards. Key areas covere...

In the first episode of the 'Data Protection Unlocked for HR' podcast series, Lucy Densham Brown and Sana Nahas from the data protection team at Clarkslegal discuss the data protection issues that HR professionals often encounter. They provide advice and guidance on dealing with these issues, addressing common data protection questions from employers. This introduction to data protection...

In this sixth podcast in our TUPE Podcast Series, Amanda Glover will delve into the automatic transfer principle and what transfers to the incoming employer under TUPE. In the episode, Amanda will explore: What rights and liabilities relating to the individuals transfer under TUPE  Contractual rights Non-contractual and discretionary rights and benefits Acts and omissions before the transfer Statu...

From October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will strengthen existing protection for workers against sexual harassment. This new law will place a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if they find an employer has breached this duty. In the next instalme...

In the third and final podcast in our ‘AI Podcast’ trilogy, Lucy Densham Brown and Rebecca Dowle, members of the data protection team at Clarkslegal, will be discussing how to use AI to process data safely. They will be looking closely at the risks for businesses and the types of data security protections you can put in place. This includes: Regulation of AI When using AI, do companies need to upd...

In this fifth podcast in our TUPE Podcast Series, Amanda Glover will be focusing on ‘who transfers’ under TUPE. Looking at the definition of ‘employee’ under TUPE legislation and the tests that apply in deciding if those employees transfer.  Determining whether an individual is an employee is by no means an easy task and is extremely fact sensitive. In this podcast, we will examine those who are l...

In the second of our three-part ‘AI Podcast’ series, Jacob Montague and Lucy Densham Brown , members of the data protection team at Clarkslegal, will be exploring how artificial intelligence (AI) interacts with intellectual property rights (IP rights). This includes:  What are Intellectual Property (IP) rights? Can AI produced work have IP rights? Recent issues for copyright infringement by AI sys...

Unfortunately, in this difficult economic period, now officially a recession, businesses of all sizes are being forced to make redundancies , some for the first time. This is inevitably a stressful time for both employees and management at these organisations.  As with all unfamiliar processes, knowing what to expect and how to make the most of the situation can only help. In this third podcast in...

In the first of our three-part ‘AI Podcast’ series, Lucy Densham Brown and Jordan Masters, members of the data protection team at Clarkslegal, discuss how using AI and automated decision-making could conflict with GDPR protections and lead to discrimination. This includes: What is AI? What is GDPR and how does the use of AI relate to it? Examples of how problems can arise from AI learning from his...

In June this year, the British Standards Institute (BSI) released a new code of practice on Diversity, Equity, and Inclusion (DEI) in the workplace. The code offers employers helpful resources and practical advice to assist them in creating a work environment that supports, encourages, and promotes DEI. Please see the link here for a copy of the BIS code. In this second podcast in the ‘Talking Emp...

In this fourth podcast in our TUPE Podcast Series, Amanda Glover will be looking at the second of the three conditions required for a service provision change transfer. In our third podcast Service Provision Changes – Organised grouping and principal purpose , we discussed that the service provision change rules in the TUPE regulations are very wide and are meant to cover most situations where act...

There has been a renewed emphasis on home/work balance and family-friendly rights since the pandemic forced many workers into a hybrid or remote working environment. Employers are quickly finding that they have to update their policies and conform to the new way of working. The government has seized on this momentum and has pushed through some new family-friendly Bills, which all received Royal As...

This is the third podcast in our TUPE Podcast Series. The first podcast When Does TUPE Apply? - Relevant Transfers , we discussed the two types of transfer under TUPE, a Business Transfer and a Service Provision change. In our second podcast Service Provision Changes – Same Client and Fundamentally the Same Activities, we reviewed two of the key requirements for a Service Provision Change, namely...

The UK Information Commissioner’s Office (ICO) released updated guidance in May 2023 focused on how employers should respond to data subject access requests (DSARs) from employees. This new guidance is produced for employers in the format of a Q&A, and gives employers an idea on what to do in certain situations if an employee requests a DSAR.  In this podcast Lucy Densham Brown and Rebecca Dow...

Employee ownership is growing quickly as an option for business owners to sell their business. Employee Ownership provides a way to preserve the long-term ethos, values, and culture of the business. This podcast is a prelude to the Employee Ownership Trusts (EOTs) Roadshow, which Clarkslegal LLP is hosting at Thames Tower in Reading on 17 May in collaboration with K3 Tax Advisory , Quantuma , Shaw...

Since the introduction of the EU General Data Protection Regulation (GDPR)  in 2018, employees have had the right to request access to their personal data from their employer using a Data Subject Access Request (DSAR). In this podcast Ciara Duggan and Oscar Poku members of the Data Protection team at Clarkslegal discuss DSARs in an employment law context, as they often appear where there is on ong...

The UK Government strictly regulates the immigration of migrant workers to the UK. As a part of its immigration system, it requires companies to have a sponsor licence before they can sponsor non-UK employees. In this podcast Rebecca Hone and Monica Mastropasqua members of the immigration team at Clarkslegal discuss how to apply for a sponsor licence so you can sponsor foreign workers to come and...

Same Client and Fundamentally the Same Activities This is the second podcast in our TUPE Podcast Series; the first podcast introduced the two types of relevant transfers covered by TUPE, namely a business transfer and a service provision change . If you want a general introduction on what a service provision change is, make sure you listen to the first podcast in the TUPE Podcast Series. In this p...

In this podcast Ciara Duggan and Oscar Poku members of the Data Protection team at Clarkslegal discuss the main developments in the UK Data Protection scene from 2022 and what trends to look out for in 2023. Key developments of 2022 Implementation of the International Data Transfer Agreement and update to Transfer Risk Assessments The Data Protection and Data Information Bill New guidance on the U...