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.
Regulating AI to protect personal data
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.
How to undertake a fair redundancy
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.
Fit Note Changes & Proving Employee Sickness
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.
Determining Employment status: The NHS Dentist Case
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.
Protecting data when working remotely
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.