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 the Article 22 judgement? 

If you have any questions or want to discuss data protection law and how it applies to you in more depth, please contact our data protection team, who would be happy to help.

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 Clarkslegal, summarise the key takeaways from the code of practice published by the BSI. This includes:

1. The five-step approach to understanding DEI
2. Business strategy for DEI
3. Policies, processes, and procedures
4. Impact of DEI on performance
5. Measuring progress and adapting strategy

If you have any questions about the code or how to achieve an effective DEI work environment, please contact our employment team who would be assist you.

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 service provision change TUPE transfers. However, the rules will not apply where the client intends that the activities will be carried out by the new service provider in connection with a single specific event or task of short-term duration.

If you have any questions in relation to TUPE, please contact our employment lawyers for advice.

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, Lucy Densham Brown and Rebecca Dowle, members of the employment team at Clarkslegal summarise some of the big new family-friendly Bills that are working their way through parliament, including:

• Flexible Working Requests
• Carer’s Leave
• Neonatal Care Leave
• Enhanced Maternity Redundancy Protection

If you have any questions at all about any of these new family friendly rights, please contact our employment team who would be happy to help.

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 remain fundamentally the same. 

In this third podcast, Amanda Glover will be focusing  on another key element of a service provision change. This is the requirement that immediately before the service provision change, there must be an organised grouping of employees situated in Great Britain, which has as its principal purpose, the carrying out of the activities concerned on behalf of the client.

If you have any questions in relation to TUPE, please contact our employment lawyers for advice.

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 from that Q&A including: 

• Settlement agreements
• Social media platforms
• Personal email address 
• Redacting unrelated data

If you have any questions at all about any aspect of the DSAR process, or need some advice on how to respond to a DSAR, please contact our Data Protection lawyers for advice.

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 aspects of transitioning to employee ownership, including legal, valuation, funding, tax and transition management. 

In this podcast, our EOT experts will answer frequently asked questions by business owners considering employee ownership as a route to exit:

• What  is the most common question asked by a potential seller when considering an EOT as an exit for their business?
•  The tax rules can be complicated – what is the best way to prepare for clearance?
• What is the appetite for funding EOT’s as they grow in popularity?
• What would you say is the most important element to consider for any business seller in preparing for employee ownership transition?

Event Details : Employee Ownership Trusts – Thames Valley Roadshow

Date: Wednesday 17th May
 Time: 9:00am and 11:30am
 Location: Roost, Thames Tower, Station Road, Reading, RG1 1LX

>    Find out more and book your place here

Speakers

• Adrian Howells, Director of Corporate Finance, Quantuma, an experienced M&A practitioner enabling owners of SME businesses exit and realise value.
• Holly Bedford, Managing Director, K3 Tax Advisory, a specialist tax adviser focusing on SME business sales and EOTs.
• Jeremy Gadd, Founder and Managing Director of J Gadd Associates and an independent EOT Director. 40 years experience of the Employee Ownership, here to share valuable insights into designing an effective ownership transition; avoiding expensive pitfalls.
• Steven Munt, Senior Director, Shawbrook Bank, a specialist lender to SME’s, providing expert guidance on funding options to support the transition to EO, and beyond.
• Stuart Mullins, Partner, at Clarkslegal LLP sharing his key insights on the legal considerations when transitioning your business into employee ownership.

If you have any questions about Employee Ownership Trusts, or need some advice, please contact Stuart Mullins .

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, how one is made, and how companies should respond if they receive one.

 If you have any questions at all about any aspect of the DSAR process, or need some advice on how to respond to a DSAR, please contact our Data Protection lawyers for advice.

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 system.

If you are interested in obtaining a Sponsor License, please contact our immigration lawyers for advice.

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 podcast, Caroline Lendrum will be focussing  on service provision changes and, in particular, the requirement to have the same client pre and post-transfer and the requirement for activities to remain fundamentally the same pre and post-transfer.

If you have any questions in relation to TUPE, please contact our employment lawyers for advice.