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The Clarkslegal Law Bites offers guidance and insightful discussions on the latest topics for businesses and individuals covering employment, immigration, corporate, construction, property, litigation and more.
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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 covers the following topics:Overview of key data protection regulations and other laws impacting HRThe imp...
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 rightsNon-contractual and discretionary rights and benefitsActs and omissions before the transferStatutory rightsTortious and civil liabilitiesTrade union recognition, collective rights and liabilitie...
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 instalment of our ‘Talking Employment Law Podcast’ series, Lucy Densham Brown and Shauna Jones, members of...
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 AIWhen using AI, do companies need to update their privacy notices?How to ensure that data inserted into an AI database has the proper safeg...
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 likely to fall within the definition of employee under TUPE, including: EmployeesApprenti...
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 systemsWhat is generative AI?Why is legal reform needed for effective AI regulation?If you have any...
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 the ‘Talking Employment Law’ series, Harry Berryman and Rebecca Dowle, members of the employm...
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 historic data.What does Article 22 of the UK GDPR mean for data processers?What are the implications of...
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 Employment Law’ series, Rebecca Dowle and Lucy Densham Brown, members of the employment team at Clark...
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 activities performed by a service provider on behalf of a client change hands. These will amount to se...
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 Assent in spring and summer this year.In this first podcast in the 'Talking Employment Law' series,...
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 requirement for the client to remain the same pre and post transfer and for activities to rema...
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 Dowle members of the Data Protection team at Clarkslegal summarise some of the key takeaways fro...
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, Shawbrook Bank and J Gadd Associates. At this event, we'll offer an interactive workshop on all as...
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 ongoing dispute between an employee and their employer. They will explain what exactly a DSAR is...
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 work in the UK. While touching on some of the post-Brexit implications on the UK’s immigration sys...
Same Client and Fundamentally the Same ActivitiesThis 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 podcast, Caroline Lendrum will be focussing on service provision changes and, in particular, t...
In this podcast Ciara Duggan and Sana Nahas members of the employment team at Clarkslegal will guide you through the tricky topic of redundancy and settlement agreements, covering what redundancy means for both employers and employees, as well as how settlement agreements work in practise.Topics include:What is a redundancy ? What rights does an employee have if they are made redundant? What is a settlement agreement? What is a protected conversation? What does without pre...
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 2022Implementation of the International Data Transfer Agreement and update to Transfer Risk AssessmentsThe Data Protection and Data Information BillNew guidance on the UK BCRsCybersecurity and data breachesWhat to look out for in 2023Data protection reformRegulation of ...
TUPE can be a very complicated area of law to navigate and so we have designed a series of short podcasts to give you a really good overview of the basics. In this podcast, Louise Keenan, Associate in the employment team at Clarkslegal will be focusing on what TUPE is and when it applies.If you have any questions in relation to TUPE, please contact our employment lawyers for advice.
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