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.
The UK's Autumn Budget 2025 is scheduled for November 26 and is expected to be an important event for businesses across the country. In our latest podcast, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Founder of Goringe Accountants and Co-Founder of Succession Planning, as they discuss some of the likely implications of the Autumn Budget 2025 for those looking to buy and sell businesses.
For those looking to buy a business, the podcast will cover topics such as:
For those businesses looking to sell, the discussion will include:
If you would like to discuss any of the topics covered, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.
In October 2024, the Government unveiled its Employment Rights Bill, which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers’ rights.
In part 4 of the Employment Rights Billpodcast in the ‘Talking Employment Law’ series, Amanda Glover and Shauna Jones, members of the employment team at Clarkslegal, will discuss the key changes the Employment Rights Bill will bring to industrial relations and trade union rights. These changes include:
Understanding these changes is crucial for your business. If you need guidance on how to navigate these proposed reforms, don’t hesitate to reach out to our employment team. Preparing now will ensure you’re ready when these changes take effect.
Join us for the tenth and final episode of Clarkslegal’s TUPE Podcast series, featuring Katie Glendinning, a Partner in our employment team. In this episode, Katie will delve into the intricacies of commercial contracts within the context of service provision changes.
Key topics include:
If you have any questions or require assistance regarding TUPE, please don’t hesitate to contact our expert employment lawyers.
On 1 July 2025, the Home Office unveiled a pivotal Statement of Changes to the Immigration Rules (HC 997), building on the Government’s Immigration White Paper. This marks a significant step in what the Government describes as a “complete immigration reset,” aimed at reducing net migration, tightening work visa criteria, and enhancing compliance.
In our latest podcast episode, join Ruth Karimatsenga and Monica Mastropasqua from the Clarkslegal immigration team as they guide you through the new 2025 UK Immigration Rules.
In this episode, we’ll discuss:
If you have questions or need assistance with workforce audits, compliance training, or visa strategy, our immigration team is here to help. We also support individuals in assessing their options—whether it’s switching visa routes, bringing family members over, or planning for indefinite leave to remain.
Tune in to stay informed and navigate these changes effectively!
In October 2024, the Government unveiled its Employment Rights Bill, which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers’ rights.
In part 3 of the Employment Rights Billpodcast in the ‘Talking Employment Law’ series, Louise Keenan and Lucy White, members of the employment team at Clarkslegal, will discuss some of the main provisions of the Bill, including changes to:
Understanding these changes is crucial for your business. If you need guidance on how to navigate these proposed reforms, don’t hesitate to reach out to our employment team. Preparing now will ensure you’re ready when these changes take effect.
The Employment Rights Bill Podcast Series
Professional services firms are becoming increasingly attractive to investors, but preparing your firm for sale involves navigating unique challenges specific to this sector.
In our latest podcast, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, as they explore the complexities of valuing and preparing professional services firms for the market, whether for sale, merger, venture, or fundraising.
In this episode, we’ll cover:
If you’re a professional services business looking for expert guidance on preparing for an exit or wish to discuss any of the topics covered, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.
On June 19, 2025, the highly anticipated Data (Use and Access) Act received Royal Assent, marking a significant milestone in data protection legislation.
Join us as we delve into the key changes introduced by this Act. In this episode, our data protection experts, Melanie Pimenta and Harry Berryman, will explain what the Act means for your organisation and how to ensure compliance with the new regulations.
In this episode, we’ll cover:
Whether you're a business leader, HR professional, or simply interested in data protection, this podcast is essential listening.
If you have questions or need support reviewing your privacy notices, data protection policies, or guidance on data-sharing agreements, particularly for international transfers, please contact our data protection team.
Preparing your tech business for sale can be complex and time-consuming, requiring careful planning. Unlike other sectors, tech businesses have unique life cycle timelines that owners must navigate.
In our latest podcast, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, as they delve into how tech business owners can maximise their value and effectively prepare for the market.
In this episode, we’ll cover:
If you’re a tech business owner seeking guidance on preparing for an exit or want to discuss any of the topics mentioned, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.
WhatsApp is a convenient and quick way to communicate with colleagues and clients, but is it legally safe to use in the workplace?
In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.
Key topics include:
If your organisation needs help reviewing your GDPR policies and practices or employee training on data protection requirements, please contact our Data Protection Lawyers.
Selling your business is usually the last step in starting a business. When the time comes to exit, it's crucial to ensure a smooth transition so you can retire comfortably and maximise the value you receive from your business. This significant decision carries various legal and financial implications that require careful consideration.
In the third and final episode of our three-part podcast series, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, as they discuss:
If you are a business owner seeking guidance on preparing for an exit or navigating the complexities of a business transition, this podcast series is designed for you.
If you wish to discuss any of the issues mentioned, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.
Selling your business is usually the last step in starting a business. When the time comes to exit, it's crucial to ensure a smooth transition so you can retire comfortably and maximise the value you receive from your business. This significant decision carries various legal and financial implications that require careful consideration.
In the second instalment of our three-part series, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, as they delve into:
If you are a business owner looking for guidance on preparing for an exit or unravelling the intricacies of a business transition, this podcast series is tailored for you.
If you wish to discuss any of the issues mentioned, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.
In this ninth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, will examine the information and consultation obligations under TUPE.
In this episode, Katie will cover:
Please get in touch with our employment lawyers for advice if you have any questions or need assistance with TUPE.
In October 2024, the Government unveiled its Employment Rights Bill which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers’ rights.
In part 2 of the Employment Rights Billpodcast in the ‘Talking Employment Law’ series, Louise Keenan and Melanie Pimenta, members of the employment team at Clarkslegal, will discuss some of the main provisions of the Bill, including:
Please contact our employment team if your business needs help with any of these proposed changes. It’s important to seek advice and plan for the changes now to be ready when they come into force.
The Employment Rights Bill Podcast Series
Selling your business is usually the last step in starting a business. When the time comes to exit, it's crucial to ensure a smooth transition so you can retire comfortably and maximise the value you receive from your business. This significant decision carries various legal and financial implications that require careful consideration.
In the first part of this three-part series, Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, will discuss:
If you run a business and would like assistance preparing for an exit or understanding how a business exit could work, this podcast series is for you.
If you wish to discuss any of the issues mentioned, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.
In this podcast, Lucy White and Shauna Jones, members of the employment team at Clarkslegal, will guide you through the complex topics of redundancy and settlement agreements. They will explain what redundancy means for both employers and employees and how settlement agreements work in practice.
Topics covered:
If you have any questions about anything discussed in this podcast or need assistance drafting or negotiating a settlement agreement, our experienced employment team would be more than happy to advise.
In October 2024, the Government unveiled its Employment Rights Bill which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers’ rights.
In part 1 of the Employment Rights Billpodcast in the ‘Talking Employment Law’ series, Louise Keenan and Lucy White, members of the employment team at Clarkslegal, will discuss some of the main provisions of the Bill, including:
Please contact our employment team if your business needs help with any of these proposed changes. It’s important to seek advice and plan for the changes now to be ready when they come into force.
The Employment Rights Bill Podcast Series
Asda workers fighting for equal pay have advanced to the final stage in their legal battle, as the employment tribunal ruled that the majority of claimants working in retail roles in Asda supermarkets were doing work of equal value to their counterparts working in distribution centres.
In the latest podcast of the ‘Talking Employment Law’ series, Louise Keenan and Shauna Jones, members of the employment team at Clarkslegal, will discuss the recent Asda equal pay decision, which has been attracting a lot of attention.
In the podcast, they will cover the following topics:
If you would like advice on your payment practices to ensure compliance with Equal Pay legislation, please feel free to contact our employment law team who can review and assist you in meeting your legal obligations.
Data retention is the storage of data for a specific period, guided by legal, operational, and regulatory considerations. While data minimisation principles advocate for limiting the collection and storage of personal data, retaining certain information is often necessary for various purposes.
In this podcast, Jesse Akiwumi and Harry Berryman, members of the Data Protection team at Clarkslegal, address the top frequently asked questions we receive about data retention. These questions include:
If your organisation needs help drafting a data retention policy or employee training on data protection requirements, please contact our Data Protection Lawyers.
In this eighth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, focuses on dismissals in a TUPE context and, in particular, the additional protection afforded by TUPE.
In this episode, Katie will cover:
If you have any questions in relation to TUPE, please contact our employment lawyers for advice.
Understanding Data Subject Access Requests (DSARs) is crucial for businesses. For many companies, opening a DSAR is a daunting task, and it can be difficult to know where to start when faced with a mountain of potential documents to disclose.
In this podcast, Lucy Densham Brown and Jacob Montague, members of the Data Protection team at Clarkslegal, have narrowed down the top FAQs we receive on DSARs, including:
If you have any questions at all about any aspect of the DSAR process, or need advice on how to respond to one, please contact our Data Protection lawyers for advice.
In this seventh episode of our TUPE Podcast Series, Louise Keenan will discuss the restrictions on changing terms and conditions for employees who are transferring.
In this episode, Louise will cover:
If you have any questions in relation to TUPE, please contact our employment lawyers for advice.
Data protection is increasingly crucial for HR as regulations evolve and data breaches become more common. In the second episode of the ‘Data Protection Unlocked for HR’ podcast series, Harry Berryman and Shauna Jones, members of the Clarkslegal data protection team, share invaluable insights on how HR can ensure compliance, safeguard employee data, and maintain privacy standards. Key areas covered in the episode include:
The episode is designed to equip listeners with the knowledge of best practices and effective strategies to secure sensitive information.
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 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:
The episode aims to give listeners a fundamental understanding of the importance of data protection in HR and equip them with practical steps to implement best practices in their organisations.
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 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:
If you have any questions in relation to TUPE, please contact our employment lawyers for advice.
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 the employment team at Clarkslegal, will review the new law and provide some guidance on how employers should review their policies in preparation for October. This includes:
If you are an employer and have any queries or concerns about the implications of the new Workers Protection Act 2023, please contact our employment team, who would be happy to assist you.
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:
Useful Links: UK Government’s approach to AIUK Government’s plans for implementing a pro-innovation approach to AI regulation.
Employmentbuddy FREE HR Resource: Generative AI policyAs 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 policy
Webinar: 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 BST
Visit 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 Series
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:
If 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:
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:
If 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:
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:
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 willbe 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:
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:
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:
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
If you have any questions about Employee Ownership Trusts, or need some advice, pleasecontact Stuart Mullins .
Since the introduction of the EU General Data Protection Regulation (GDPR) in 2018, employees have the right to request access to their personal data from their employer called a Data Subject Access Request (DSAR).
In this podcast Oscar Poku and Ciara Duggan 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.
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.
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:
If you have any questions about anything we have discussed or need help with drafting or negotiating a settlement agreement, 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 2022
What to look out for in 2023
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.
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.
Restructuring 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 on the circumstances and specific facts. Melanie Pimenta, Senior Solicitor at Clarkslegal explores the considerations when undertaking a fair redundancy process.
Employees 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 Deborah Scales explains.
Employment 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 (EAT), tried to offer some clarity on how the tests for employment status should be applied.
In 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.
Clarkslegal'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.
Clarkslegal's Employment Solicitor Melanie Pimenta explains the new lifting of Covid-19 restrictions and what this means for employers.
Liz 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?
The 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 shifted us further away from a time where work was a place, to a time where work is an activity. We are seeing higher percentages of the workforce continuously working from home or remotely than ever before. We are also seeing the emergence of a ‘hybrid’ workforce; fluctuating a mix of home, remote and office working. Senior employment solicitor Amanda Glover explains how Portugal is putting workplace health and wellbeing first with new right to rest laws.
It’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 these grounds still stand up to scrutiny for organisations that allowed employees to work from home during the pandemic? Employment Associate Louise Keenan explains.
Sunday 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.
Ciara Duggan explains how employers could therefore take this year’s Mental Health Day not just as an opportunity to review how it looks after employees’ mental wellbeing, but also as a chance to ensure that it is addressing inequalities in its own workplace.
We 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 Great Place to Work.
The COVID-19 pandemic has accelerated this trend further as people have reflected over what their priorities are. This reprioritisation is affecting people’s job choices too. Leaders need to recognise that more of the talent that is sought after, value happiness.
Against this backdrop, what is it that organisations can do to foster happiness within the workplace?
As 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 this podcast Ciara Duggan explains the skilled workers shortage and how employers can recruit a worker from outside the UK.
Speculators 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 of proposed job cuts stood at 12,687 in August. At the height of the pandemic, this figure stood at 150,000 job cuts per month.
During the month of September, employers are able to recoup 60% of a worker’s wages, up to a cap of £1,875 using the Government’s Coronavirus Job Retention Scheme. The deadline for August claims is the 14 September 2021 and the deadline for September claims is the 14 October 2021. Past September, employers with staff currently on furlough will need to assess whether they can afford to pay 100% of staff members’ wages going forward, or whether they will need to look at making redundancies.
Employment Solicitor Amanda Glover explains in this podcast about the furlough wind down, redundancy forecasts and what you need to do as an employer by law if you are considering redundancies this autumn.
Employment 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) which govern the rules on statutory annual leave?
Deborah Scales, Employment lawyer at Clarkslegal explains all about the legal considerations for employers when considering unlimited annual leave for their employees.
The 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 their application.
Contact our immigration team for further advice.
The 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. Added to this, the schooling and nursery systems were shut down, meaning many had to balance childcare and home-schooling responsibilities alongside work, at a level they had never experienced before.
In many ways, people have trialled homeworking in a more than suboptimal manner. Nevertheless, employers who are starting to signal a push back to office working, or even to hybrid ways of working, are experiencing a lot of resistance from their employees.
While 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”. Ciara Duggan explains how employers can deal with the return to work and long COVID affected employees.
Whistleblowers 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 suffering some other detriment.
In its response to the Dyson report the BBC said that since the Panorama interview it had introduced a whistleblowing policy in the late 1990s taking into account the Public Interest Disclosure Act 1998. The policy was re-launched in 2016 as part of its internal communications programme on ‘speaking up’
Today every employer, whatever their size, should have a whistleblowing policy and a named whistleblowing officer for workers to report to. Whilst few situations will reach the high drama of the Panorama interview virtually all employers will have to deal with whistleblowing issues at some point.
Deborah Scales, Employment Associate at Clarkslegal gives the first in a series on Whistleblowing and the law for employers. In this podcast Deborah discusses the legal definition of protected disclosure and what this means for employers.
Lockdown 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 employers to do just that. The pandemic has had a major impact on people’s mental health, with many experiencing significant levels of anxiety, stress and isolation over the past year. Employers may therefore need to provide a greater level of support to employees than before.
Ciara Duggan, Trainee Solicitor at Clarkslegal explains that employers should also look to consider how to safeguard their employees’ mental health.
With 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 into 2021. Again this year, with the hope of foreign travel on the horizon, employees have likely been saving up annual leave to be used at a time when there is a chance to escape for sunnier climes.
Amanda Glover, Employment Solicitor at Clarkslegal answers the top questions on holidays this year for your employees.
HMRC 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 Georgia Roberts discusses how employees working from home regularly may be able to benefit from certain tax exemptions.
For specific advice on contractual place of work, please get in touch with our employment lawyers.
On 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 guidance.
HMRC clearly recognises the complexities faced by organisations now having to prepare for IR35 rules. It promises to help “customers trying to do the right thing” and work with those who make genuine mistakes about the employment status of the individuals they contract with through personal service companies. HMRC has reiterated its pledge that in the first 12 months it will not impose any penalties for inaccurate status determination statements, providing that ‘all reasonable care’ has been taken. This penalties exemption will not apply where there is deliberate non-compliance or fraud.
While this supportive compliance regime is to be welcomed businesses should not be complacent. Genuine mistakes will not be penalised but they may not be forgotten either. If HMRC identifies mistakes in the way a business has applied the off-payroll working rules HMRC will expect it to ‘self-correct’. And HMRC may do follow-up checks by reviewing available data such PAYE Real Time Information (‘RTI
Deborah Scales, employment solicitor explains the guidance.
Major 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’.
These changes - known as the Off-Payroll Working Rules and sometimes called IR35 - will affect all medium to large private sector companies with a UK connection from 6 April 2021. (IR35 has been in force in the public sector 2017). Many businesses have underestimated how much preparation is needed to be ready for these new rules.
Deborah Scales Employment Solicitor explains how to comply.
On 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 those who voted for Brexit, the main appeal appeared to be around the notion of capturing a sovereignty which had existed in the past, but had been lost to a foreign power. It is important to understand though that any loss of sovereignty had in fact been “loaned” freely by successive, sovereign UK Parliaments to the European Union.
Amanda Glover, Employment Solicitor takes an in-depth look at the Brexit workforce related changes and how this impacts businesses going forward.
The 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 employers in 2021 .
In many ways the pandemic has exposed the enduring inequalities in UK society. The poorer sections of our society have been more exposed to the worst effects of the virus than more affluent people.
Blue collar and less well- paid employees are more likely to have been in jobs where they have had to continue to attend their workplaces during the pandemic, exposing themselves more to the virus. Their white collar and professional/managerial counterparts have been more likely to have been working from home.
Additionally, the less well-paid members of the workforce, who may live in a constant state of financial instability, have been less able to afford to self-isolate on statutory sick pay, compared to their white- collar compatriots, who may have been able to access occupational sick-pay and may already have been on a sound financial footing.
An irony of the pandemic was the way that society began to reappraise the value of jobs in our society. During 2020, post workers, supermarket workers, delivery van drivers, and refuge collection employees were not considered key workers, but kept a largely home-bound community going.
Health and social care and other public service employees, who had endured pay freezes for so long, were suddenly being clapped by the public every Thursday night.
Will 2020 lead to a permanent reappraisal of key jobs in our society and the value assigned to them?
The year 2020 will always be a stand-out year in our personal and professional lives. COVID-19 brought so much suffering to so many across the globe and created a level of uncertainty that we had never experienced before. Businesses were forced to adapt at breakneck speed.
Public Health suddenly became the major economic issue, overshadowing even Brexit in terms of its impact on macro- economics, the public finances and the sustainability of every company in the UK.
Individual employee health became not just a matter for that employee and the Human Resources professional, but potentially a matter for the whole enterprise. What employees were doing in their lives outside of work, how stringently they were following the public health procedures, how they got to work, were all matters of concern.
Equally for employees, how seriously their employers took COVID-19 and the levels of trust they had in their employers became defining features of the employment relationship.
There were also concerns about mental health and general well-being and many employers had to consider how to support employees who were locked down and isolated from social contact.
Amanda Glover, Employment Solicitor at Clarkslegal looks back at the year that COVID-19 and Public Health suddenly became the major economic issue, overshadowing even Brexit in terms of its impact on macro- economics, the public finances and the sustainability of every company in the UK.
Deborah Scales discusses the implications Brexit will have on UK employment law, and covers key points for employers.
Deborah also covers the immigration law for businesses employing from the EU applying for the EU settlement scheme which ends on 30 June 2021. Applications are also open for frontier worker permits. Our immigration team can assist with your business immigration queries.
During Christmas often business clients and providers of goods and services exchange gifts (food hampers, chocolates, bottle of bubbly). There adds festive cheer and when these gifts arrive they are given and received in a transparent manner.
However, during COVID when working at home - the line can be blurred if given a gift sent to a personal address with a lavish gift with the specific expectation that orders will continue in the New Year - which would be a bribe.
Deborah Scales Employment Associate at Clarkslegal discusses some special considerations employers might need to give to the Bribery Act 2010 and receiving corporate Christmas gifts.
With employees working from home during COVID, employers need to ensure they are protecting employees wellbeing. Under section 2 of the health and safety at work act 1974, employers have an obligation to protect their employees during work including at home.
Employers need to consider new risk assessments to take into consideration additional stresses the employee may be considering and protect health and wellbeing, include home set up, light, heating etc.
Clarkslegal have a template risk assessment for our clients, get in touch with our employment team for further information.
Many businesses may sadly have to start selecting some employees for redundancy. Alternatively, managers and HR departments may have to pick up those outstanding performance or conduct issues as furloughed employees return to work. This October 2020 saw two and half times more compared to October 2019.
Amanda Glover, Employment Solicitor at Clarkslegal gives top 10 redundancy tips for employers, to help make the process run as smoothly as possible and ensure employers don't run into any legal difficulties.
Redundancy and reorganisation situations can be difficult for all those involved. Our employment solicitors offer clear and timely tailor-made advice to guide you through the process and have extensive experience advising employers on dealing with redundancies.
December Christmas work parties take on new meaning over Zoom during COVID, Deborah Scales an employment associate at Clarkslegal includes a reminder of sexual harassment during virtual parties can still take place, and employers remain liable for discriminatory conduct that takes place during a work related virtual party.
The podcast also discusses pay gap reporting and obesity reporting, remote working and longer working hours.
Deborah Scales, Employment Associate at Clarkslegal discusses the legal difference between positive discrimination and positive action, and warning employers about consequences of confusing them.
The CBI is launching a campaign to increase racial and ethnic participation in British businesses. This change the race ratio is to be welcomed and long overdue but how do such commendable objectives fit in with current discrimination legislation? What does the equality act say about positive action in the workplace?
This is a series of podcasts designed to bring you right up to date with TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006), from updates on the latest developments in case law to discussions on common issues and myths that surround the area.
In this podcast, Louise Keenan, Associate in the employment team at Clarkslegal discusses recent Belgium case which looks at what happens when a contract splits between multiple providers.
For further news and resources on TUPE visit our online employment law resource and HR support service https://www.employmentbuddy.com/
This is a series of podcasts designed to bring you right up to date with TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006), from updates on the latest developments in case law to discussions on common issues and myths that surround the area.
In this podcast, Louise Keenan, Associate in the employment team at Clarkslegal looks at 5 of the most popular myths surrounding TUPE situations.
For further news and resources on TUPE visit our online employment law resource and HR support service https://www.employmentbuddy.com/