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 safeguardsUseful Links: UK Government’s approach to AI UK Government’s plans for implementing a pro-innovation approach to AI regulation.A pro-innovation approach to AI regulation – Government response to consultation (publishing.service.gov.uk)A pro-innovation approach to AI regulation - amended (web-ready PDF) (publishing.service.gov.uk)Employmentbuddy FREE HR Resource: Generative AI policy As a special promotion, we have prepared a free Employmentbuddy Generative AI template policy for businesses. This policy sets out how Generative AI should be used in the workplace to ensure we enjoy the benefits of it without causing risks to the business or compromising our high standards. We hope you find it useful!Download Here: Generative AI policyWebinar: How do I protect my business in the event of a personal data breach? A company may suffer disastrous consequences because of a personal data breach; they can seriously harm a company’s finances and reputation by enabling criminals to utilise personal information to commit fraud and identity theft. Join our data protection team, for a quick overview of how to protect your business. Tuesday 30 April, 11:00 AM - 11:30 AM BSTVisit our events page to register: How do I protect my business in the event of a personal data breach? 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.AI Podcast SeriesAI, Discrimination and Automated Decision-makingAI and Intellectual PropertyAI Podcast: AI and Data Security

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: EmployeesApprenticesWorkersExecutive DirectorsSecondees provided by the transferor Agency workersGenuinely self-employed contractorsSecondees provided by a third party to work for the transferorNon-employed directorsIf you have any questions in relation to TUPE, please contact our employment lawyers for advice.

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 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.

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 employment team at Clarkslegal, will discuss and provide some  guidance on what is a fair process when selecting employees for redundancy. This includes:How do employers decide the pool?Consultation process Selection processAlternatives to redundancyIf you are an employer or employee and have any questions about the redundancy process, please contact our employment team, who would be happy to assist you.

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:The five-step approach to understanding DEIBusiness strategy for DEIPolicies, processes, and proceduresImpact of DEI on performanceMeasuring progress and adapting strategyIf 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 RequestsCarer’s LeaveNeonatal Care LeaveEnhanced Maternity Redundancy ProtectionIf 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 agreementsSocial media platformsPersonal email address Redacting unrelated dataIf 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 RoadshowDate: 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 hereSpeakersAdrian 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 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, 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.

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 prejudice mean? What are the differences between redundancy and settlement agreements?How is a settlement agreement negotiated? What must an employer include in a settlement agreement? Are payments in settlement agreements taxable?  Confidentiality clauses in a settlement agreement What are other standard terms found in settlement agreements? Time an employee should be given to consider a settlement agreement If you have any questions about anything we have discussed or need help with drafting or negotiating a settlement agreement, please contact our experienced employment team would be more than happy to advise.

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 AIDevelopment of the metaverseUK ‘adequacy’ status reviewIf you have any questions in relation to Data Protection, please contact our Data Protection lawyers for advice.

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.

There’s been a lot of publicity recently about the Supreme Court case of Harpur Trust v Brazel and its impact on calculating holiday entitlement and pay for workers.The case specifically concerned holiday entitlement and pay for what were termed ‘part-year workers’.  These are workers who are on a permanent contract, who work irregular hours and who do not work every week of the year.  The case impacts on workers such as term time workers, like Mrs Brazel in this case, but also wider groups like casual and zero-hour workers. Employment Associate Louise Keenan explains.

In this podcast Melanie Pimenta and Sana Nahas members of the Data Protection team at Clarkslegal discuss some of the issues surrounding non-compliance with subject access requests, commonly known as “DSARs”. This is particularly topical given that the ICO has recently announced that it has issued reprimands to seven organisations for repeatedly failing to respond to data subject access requests under the UK GDPR.

Earlier this year, the UK Government announced the introduction of the Data Protection and Digital Information Bill in which the consultation considered specifically on the interplay of AI technologies with the UK’s data protection regime. On 18 July 2022, the UK Government set out its proposals for regulating the use of AI technologies while protecting data and promoting innovation.In this podcast Melanie Pimenta and Jacob Montague solicitors in the Data Protection team at Clarkslegal discuss the Government’s proposals to regulate the use of AI and what businesses should do.