Data protection and employee information

The material is this subtopic primarily considers the UK GDPR regime, and legislative links are to Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), except where expressly stated otherwise.

For a more detailed introduction to UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

AI in the workplace

Practice Note: Artificial intelligence in the workplace provides a summary of the key applications of artificial intelligence (AI) in employment and human resources (HR) and highlights the legal risks arising in relation to the use of AI in the workplace. It covers the use of AI in recruitment, the potential risk of bias and unfairness, and of direct and indirect discrimination, where liability lies and data protection issues. Finally, it sets out some practical steps employers can take to assist compliance and mitigate risk.

Data (Use and Access) Act 2025—employment implications

Practice Note: Data (Use and Access) Act 2025—employment implications considers the Data (Use and Access) Act 2025

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Latest Employment News

House of Commons publishes motions ahead of consideration of Employment Rights Bill on 8 December

The House of Commons on 5 December published motions relating to Lords amendments to the Employment Rights Bill (ERB), in advance of its consideration of the those amendments on 8 December (to be followed by a swift ping-pong back to the Lords, expected on 10 December).The government amendments include: guaranteed hours offers for zero hours workers—the government has offered a concession in the form of consultation on the initial reference period unfair dismissal—in addition to the reduction of the qualifying period from two years to six months (rather than its removal altogether), the government amendments would remove the unfair dismissal compensation cap entirely by omitting section 124 of the Employment Rights Act 1996 (ERA 1996)reasons for dismissal for which there is no qualifying period—the government proposes to include in the list of reasons in ERA 1996, s 108(3) dismissal for failure to disclose a spent conviction or ancillary circumstances seasonal workers—the government proposes to consult with those representing the interests of seasonal workers and their employers before making regulations contributions to political funds from union members—the government amendments provide for an opt-out notice to be given on a day specified in, or determined by, the trade union’s rules, and for the Secretary of State to publish guidance (within three months of the measures coming into force about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for these purposes industrial action balloting—the government amendments require the Secretary of State, before bringing regulations into force to have regard to the effect provision for balloting other than by post on the proportion of those eligible to vote in such ballots doing so a number of MPs have tabled an amendment that the Commons should insist on the removal of the unfair dismissal qualifying period.

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