Clarkslegal Law Bites
108 episodes - English - Latest episode: about 1 month ago -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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Episodes
AI Podcast: AI and Data Security
March 26, 2024 14:00 - 14 minutes - 10 MBIn 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 update their privacy notices? How to ensure that data inserted into an AI database has the prope...
TUPE Podcast Series: Who Transfers?
March 21, 2024 11:00 - 12 minutes - 8.57 MBIn 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: Employees Apprentices...
AI Podcast: AI and Intellectual Property
March 05, 2024 10:00 - 14 minutes - 9.93 MBIn 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 systems What is generative AI? Why is legal reform needed for effective AI regulation? If you ...
Talking Employment Law: What to do if you’re at risk of redundancy
February 22, 2024 10:00 - 11 minutes - 7.79 MBUnfortunately, 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 employmen...
AI Podcast: AI, Discrimination and Automated Decision-making
January 26, 2024 10:00 - 10 minutes - 7.15 MBIn 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 impl...
Talking Employment Law: Diversity, Equity & Inclusion - Code of Practice
December 13, 2023 10:00 - 11 minutes - 8.08 MBIn 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 Cl...
TUPE Podcast Series: Service Provision Changes - Single specific events or tasks of short duration
November 16, 2023 09:00 - 11 minutes - 7.72 MBIn 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...
Talking Employment Law: New family friendly rights
September 22, 2023 13:00 - 9 minutes - 6.75 MBThere 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' seri...
TUPE Podcast Series: Service Provision Changes - Organised grouping and principal purpose
July 26, 2023 16:00 - 9 minutes - 6.85 MBThis 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 rem...
New ICO guidance on DSARs
July 04, 2023 11:00 - 7 minutes - 4.98 MBThe 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...
Employee Ownership Trusts – Thames Valley Roadshow Prelude
April 28, 2023 14:00 - 12 minutes - 8.47 MBEmployee 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 aspe...
Data Subject Access Request: Advice for Employers
March 16, 2023 14:00 - 9 minutes - 6.39 MBSince 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, ...
UK Sponsor Licence: Immigration Advice for UK Businesses
March 06, 2023 10:00 - 6 minutes - 4.39 MBThe 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 ...
TUPE Podcast Series: Service Provision Changes - Same Client and Fundamentally the Same Activities
March 01, 2023 18:00 - 9 minutes - 6.38 MBSame 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, t...
TUPE Podcast Series: Service Provision Changes
March 01, 2023 18:00 - 9 minutes - 6.38 MBSame 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, t...
Redundancy and settlement agreements - What you need to know
February 06, 2023 12:00 - 10 minutes - 7.46 MBIn 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 ...
UK Data Protection: Development round-up 2022 and 2023 trends
January 26, 2023 15:00 - 19 minutes - 13.6 MBIn 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 UK BCRs Cybersecurity and data breaches What to look out for in 2023 Data protection refor...
TUPE Podcast Series: When Does TUPE Apply? - Relevant Transfers
December 28, 2022 14:00 - 10 minutes - 7.04 MBTUPE 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.
Harpur Trust v Brazel – Where does this leave us?
December 08, 2022 10:00 - 9 minutes - 6.53 MBThere’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 group...
The seriousness of non-compliance with DSARs
November 04, 2022 10:00 - 9 minutes - 6.53 MBIn 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.
Regulating AI to protect personal data
September 12, 2022 14:00 - 11 minutes - 7.85 MBEarlier 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 dis...
How to undertake a fair redundancy
August 01, 2022 11:00 - 9 minutes - 6.27 MBRestructuring can cover a vast range of situations, including changes to a company’s structure, business model or processes. It can be similar to a redundancy process in that it may involve a reduction in work of a particular kind being required. Recently, many employers have been considering restructuring their business, particularly in light of the global pandemic and various ways of working. Not all organisational change will result in a redundancy situation, however each case will turn ...
Fit Note Changes & Proving Employee Sickness
July 12, 2022 08:00 - 3 minutes - 2.38 MBEmployees can now be signed off work when sick by nurses, occupational therapists, pharmacists and physiotherapists who can sign statements of fitness for work, also known as a GP fit note. This change has been brought in to ease the burden on GPs. But what might this mean for employers who suspect that a worker is exaggerating their condition for some reason: perhaps to avoid performance management or disciplinary hearings, or to take advantage of contractual sick pay? Employment Associate...
Determining Employment status: The NHS Dentist Case
June 28, 2022 09:00 - 5 minutes - 3.71 MBEmployment status and how it is determined has been an issue that has vexed the courts recently, with cases in both the employment and tax tribunals. An individual’s employment status determines what type of protections and rights they are entitled to, and establishing status involves the consideration of many different factors. In this podcast listen to the case of Sejpal v Rodericks Dental Limited, which focuses on the status of a dentist and was heard by the Employment Appeal Tribunal (...
Protecting data when working remotely
June 23, 2022 08:00 - 12 minutes - 8.46 MBIn this podcast Melanie Pimenta and Jacob Montague solicitors in the Data Protection team at Clarkslegal and discuss some of the issues surrounding data protection and hybrid or remote working. Since the pandemic remote and hybrid working have become the new normal and this raises some interesting questions on data protection and how organisations can make sure data is protected whilst employees are working from different locations.
Data breaches
April 26, 2022 14:00 - 14 minutes - 9.99 MBClarkslegal's Data Protection Solicitors Melanie Pimenta and Amanda Glover explain what data breaches are, how they can be risk assessed and an organisation’s obligation to report data breaches. It’s an interesting time to pick up on this topic because the ICO is promoting a back to basics focus on data security, so it’s an area where we’ve seen more guidance and also more enforcement action.
Lifting of Covid-19: What this means for employers
March 08, 2022 10:00 - 10 minutes - 7.51 MBClarkslegal's Employment Solicitor Melanie Pimenta explains the new lifting of Covid-19 restrictions and what this means for employers.
Employee Monitoring- What can employers do?
January 18, 2022 14:00 - 10 minutes - 7.23 MBLiz Bradley, Senior Employment Solicitor and Data Protection specialist takes a deep dive into the complicated process of employee monitoring. It's a topic that has hit the headlines partly due to remote ways of working and also due to a rise in the range of software allowing tracking of employees. So what is the law on employee monitoring? And what can employers do?
Employee Monitoring- What can employers do?
January 18, 2022 14:00 - 10 minutes - 7.23 MBLiz Bradley, Senior Employment Solicitor and Data Protection specialist takes a deep dive into the complicated process of employee monitoring. It's a topic that has hit the headlines partly due to remote ways of working and also due to a rise in the range of software allowing tracking of employees. So what is the law on employee monitoring? And what can employers do?
Workplace health and wellbeing: Portugal’s ‘right to rest’ laws
November 19, 2021 09:00 - 4 minutes - 3.39 MBThe pandemic has brought the topic of health and wellbeing to the forefront, not least in the employment sphere. With an overnight move for many from office to homeworking, there was an increased focus on mental resilience, loneliness, and the blurred lines between work and rest, and between work and home life. Across the country, many employees suddenly had the opportunity to experience both the perks of working away from the office, as well as the detriments. The pandemic has undoubtedly ...
Flexible Working Post Pandemic
November 11, 2021 10:00 - 5 minutes - 3.62 MBIt’s inevitable that many employers will now find themselves facing an increasing number of flexible working requests from employees who have been able to work remotely from home in recent months and wish to continue to do so in some form. Under the current statutory framework there are eight grounds on which such requests can be refused including where this would have a detrimental impact on quality, performance or the ability to meet customer demand. However, the question arises – do t...
Mental health in an unequal world
October 07, 2021 08:00 - 3 minutes - 2.41 MBSunday 10 October 2021 marks World Mental Health Day, with this year’s official theme announced by the World Federation for Mental Health as “Mental Health in an Unequal World”. The explanation for the theme by WFMH reflects on the “increasingly polarised” world, with inequalities in race and ethnicity and gender identity highlighted during the pandemic. These inequalities can impact on people’s mental health, which and in turn can impact their job prospects and hopes for the future. Ci...
How to create happiness in the workplace
September 24, 2021 08:00 - 7 minutes - 5.41 MBWe spend approximately 90,000 hours of our lives at work. The only thing we spend more time doing than working, is sleeping. Where an individual spends such a significant percentage of their lives working, one would assume they would ensure their work makes them happy and is something that they actively look forward to. However, it is no secret that many people do not like their jobs. Only about 40% of the world’s working population say they are happy at work according to analytics firm Grea...
Immigration: Skilled workers shortage
September 14, 2021 09:00 - 2 minutes - 2.08 MBAs the UK economy continues to recover from the Covid-19 pandemic and the restrictions of the last 18 months, the number of job vacancies are reaching record highs. Many businesses across a number of sectors have been able to reopen in full in the UK since the final restrictions lifted on 19 July 2021. This has created a serious increase in demand for workers, with the ONS estimating that between May and July 2021, there were approximately 958,000 vacancies that needed to be filled. In thi...
Furlough & Redundancy: What employers need to know
September 08, 2021 12:00 - 4 minutes - 3.08 MBSpeculators predicted a surge in redundancies this autumn as the Coronavirus Job Retention Scheme comes to an end on the 30th September. However, this surge doesn’t appear to be forthcoming. Despite 1.9 million workers still being on furlough at the end of June, recent data from the Insolvency Service (the body employers must notify when they are making 20 or more staff redundant) shows that the proposed job cut figures in August were the lowest they have been for 7 years. The exact number ...
Furlough & Redundancy: What employers need to know
September 08, 2021 12:00 - 4 minutes - 3.08 MBSpeculators predicted a surge in redundancies this autumn as the Coronavirus Job Retention Scheme comes to an end on the 30th September. However, this surge doesn’t appear to be forthcoming. Despite 1.9 million workers still being on furlough at the end of June, recent data from the Insolvency Service (the body employers must notify when they are making 20 or more staff redundant) shows that the proposed job cut figures in August were the lowest they have been for 7 years. The exact number ...
Unlimited Holiday & Annual Leave: Risks and Tips
August 05, 2021 14:00 - 6 minutes - 4.46 MBEmployment agency Reed has reported a 20% increase in the number of new positions offering unlimited annual leave as part of the benefits packages. Along with flexible working, it seems to be incentive employers are keen to explore and use as they compete to recruit the best talent from a pandemic weary workforce that values well-being and work-life balance. But is it always a good idea? And how can employers avoid being sued by workers for breaches of the Working Time Regulations 1998 (WTR...
Unlimited Holiday & Annual Leave: Risks and Tips
August 05, 2021 14:00 - 6 minutes - 4.46 MBEmployment agency Reed has reported a 20% increase in the number of new positions offering unlimited annual leave as part of the benefits packages. Along with flexible working, it seems to be incentive employers are keen to explore and use as they compete to recruit the best talent from a pandemic weary workforce that values well-being and work-life balance. But is it always a good idea? And how can employers avoid being sued by workers for breaches of the Working Time Regulations 1998 (WTR...
End of EU Settlement Scheme – need a Sponsor Licence?
June 17, 2021 13:00 - 3 minutes - 2.4 MBThe deadline for EU (including EEA and Swiss citizens) to apply to continue living in the UK is fast approaching, with the EU Settlement Scheme set to close in less than two weeks’ time on 30 June 2021. UK employers should be working with their EU staff to ensure their registration to the Scheme by this date. If an employee intends to apply under the Scheme but has not yet done so, employers should encourage them to do so without delay, and offer any necessary support with completing thei...
End of EU Settlement Scheme – need a Sponsor Licence?
June 17, 2021 13:00 - 3 minutes - 2.4 MBThe deadline for EU (including EEA and Swiss citizens) to apply to continue living in the UK is fast approaching, with the EU Settlement Scheme set to close in less than two weeks’ time on 30 June 2021. UK employers should be working with their EU staff to ensure their registration to the Scheme by this date. If an employee intends to apply under the Scheme but has not yet done so, employers should encourage them to do so without delay, and offer any necessary support with completing thei...
Employee resistance against back to office working
June 16, 2021 08:00 - 6 minutes - 4.24 MBThe past year has seen a significant increase in the amount of homeworking taking place. Before the pandemic, around 5% of those in employment worked from home, whereas during the pandemic this number increased to around 43% of workers. Homeworking was trialled ‘en masse’ in possibly the worst set of circumstances. It took place in a time of severe social isolation where there were none of the usual levels of social balance in life, due to the social distancing and lockdown rules in place...
Dealing with long Covid and the return to work
June 03, 2021 09:00 - 3 minutes - 2.43 MBWhile the Government grapples with whether to continue with the planned final easing of lockdown restrictions on 21 June 2021, employers are continuing with their preparations to welcome employees (at least partially) back to the workplace. While much of the focus during these preparations will be on preventing infections, employers should also consider how they will support employees who have already had Covid-19 and are now suffering from the long-term side effects, known as “long Covid”....
Whistleblowing and the Law: Protected Disclosures
May 27, 2021 08:00 - 5 minutes - 4.09 MBWhistleblowers are in the headlines following the Dyson report into the Panorama interview in 1995 with the Diana, Princess of Wales. Lord Dyson found that Martin Bashir had acted deceitfully in the way he obtained the interview with the Princess of Wales. Since the publication of the report, press attention has also turned to how the BBC may have treated insiders who tried to expose Bashir’s methods. Today people who blow the whistle at work are protected from being dismissed or from suffe...
Mental Health Awareness Week: Returning to the workplace
May 13, 2021 13:00 - 2 minutes - 2.04 MBLockdown restrictions are set to be eased further on 17 May 2021, and many employers are beginning to welcome their employees back to the workplace. While it is understandable that employers will be focused on protecting their employees’ physical health, ensuring that its workplace is Covid-19 secure, consideration should also be given to how employers can safeguard their employees’ mental health. Mental Health Awareness Week 2021, which runs from 10 – 16 May 2021, is a good opportunity for...
Employee holidays abroad during COVID
April 30, 2021 08:00 - 10 minutes - 7.11 MBWith the summer months fast approaching and with the fatigue of more than a year of lockdowns weighing on us, many are hoping the second half of this year will provide ample opportunity to enjoy holidays abroad again. Employers are advised to start thinking about how they will deal with annual leave requests and foreign travel. With travel restrictions in place for most of 2020, many workers decided not to take annual leave, and instead carry over as much of their allowance as they could i...
Tax implications of working from home
March 19, 2021 09:00 - 6 minutes - 4.36 MBHMRC guidance sets out that if an employee is working from home due to COVID-19, a homeworking arrangement will exist for this period. Employees working from home regularly therefore may be able to benefit from certain tax exemptions, although this cannot be where they are working informally. HMRC guidance has confirmed that if an employee is working from home due to COVID-19, the definition of a homeworking arrangement for tax purposes, will be met for this period. Senior Solicitor Ge...
How to avoid IR35 penalties
February 18, 2021 14:00 - 3 minutes - 2.37 MBOn 15 February 2021 HMRC published its policy paper explaining how it intends to help and support organisations which must comply with changes to the off-payroll working rules (IR35). The IR35 rules will apply to all medium and large sized businesses in the private sector with a UK connection from 6 April 2021. The policy paper sets out HMRC’s compliance principles and when HMRC is likely to investigate suspected tax avoidance. It contains examples and helpful links to further HMRC guidanc...
16 things to know for IR35 tax rules this April
February 03, 2021 15:00 - 13 minutes - 9.23 MBMajor changes are happening this April as businesses become responsible for deciding the employment status of the contractors they engage through an agency or the contractor’s own limited company, known as a Personal Service Company or PSC. Businesses will assume PAYE liability on the payments it makes for the contractor’s services – if it decides the contractor is really a ‘disguised employee’ rather than a genuinely independent contractor. These businesses will be known as the ‘fee-payer...
Impact of Brexit on Employment & HR in 2021
February 01, 2021 12:00 - 12 minutes - 8.39 MBOn 31st January 2020, the United Kingdom formally left the European Union. The UK has now entered into a new trading partnership with the EU under the EU-UK Trade and Cooperation Agreement. New rules now apply on exports, tariffs, data and employing people from within the EU. Although this meant that No Deal was averted, most observers on both sides of the political debate would recognise that it was a hard Brexit, with the UK leaving both the Single Market and the Customs Union. For t...
Employment & HR in 2020 - The Changing World of Work
January 21, 2021 15:00 - 12 minutes - 8.56 MBThe COVID-19 pandemic was probably the most significant disruptor of the world of work since the Industrial revolution. The first development was the move to home working, in April 2015 4.3% of people described themselves as working from home, in 2019 this has grown to 5.1%. Due to COVID-19, in April 2020 49.2% of adults were working from home, with evidence that this remained high during the year. Amanda Glover, Employment Solicitor at Clarkslegal discusses the impact on this for employe...