The Indicator Podcast

The ICO has published an update on its work on the fair and responsible use of automation in recruitment which sets out the ICO’s expectations for organisations using automated decision-making for hiring decisions. Listen along for more details!

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The Court of Appeal has provided useful clarity on whether there was an economic activity which could transfer under TUPE or a reorganisation of public administrative authorities/transfer of such functions between them which do not. Listen along to find out more!

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The European Commission has renewed its two original adequacy decisions for the UK and the ICO has published updated guidance on international transfers, including on receiving personal information from the EEA. Listen along for more details!

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The Employment Rights Act 2025 contains provisions which, once brought into force, will make any non-disclosure agreement preventing a worker from making allegations or disclosures about harassment or discrimination (including disclosures about the employer’s response to such allegations) void and unenforceable. The government has recently launched a consultation on the proposed regulations which will bring those provisions into force. Listen along for more details!

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In this case, the EAT was asked to determine whether there had been a breach of contract when an employer withdrew a conditional job offer it had made to a prospective employee, but the reason for the withdrawal was not because the employee failed to satisfy those conditions. Listen along to find out what happened!

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The Information Commissioner’s Office is consulting on draft updated guidance on automated decision-making, including profiling to take account of the Data (Use and Access) Act 2025. Listen along for more details!

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A new criminal offence of sex-based harassment makes it a criminal offence to intentionally harass, alarm, or distress a person because of their actual or presumed sex.  While the offence has been principally introduced to address the sexual harassment of a person in a public space it has relevance for employers in terms of taking reasonable steps to prevent harassment in the workplace. Listen along for more details!

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In this case, the EAT has considered whether an NHS employer’s requirement for its community nurses to work flexibly, including at weekends, was objectively justified.  The nurse who brought the claim was a single parent who always worked on the same two days each week and who said that her childcare commitments made it difficult for her to work flexibly and impossible for her to work weekends. Listen along to see what happened!

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In this case, the EAT considered whether a council employee could bring a whistleblowing detriment claim in relation to failing to secure a job offer where she had already settled a claim based on the same protected disclosures via a COT3 agreement. Listen along to find out what happened!

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In this case an employment tribunal was tasked with deciding whether a manager was entitled to resign and claim constructive unfair dismissal when he was disciplined for failing to challenge the sexist culture in the fire station where he had significant line management responsibility. Listen along to find out what happened!

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