What you need to know about the Data (Use and Access) Act 2025 (DUAA)

Posted on 17 December 2025 by eva

The Act came into force as at 19 June 2025 and it is being brought in piecemeal.  The provisions which are in force now are:

Sections 69 and 82 relate to law enforcement processing.

Section 78 clarifies that Data Controller is only required to conduct reasonable and proportionate searches when responding to DSAR.  It limits the scope of information that must be provided to what can be reasonably and proportionately searched for by the controller.

Section 79 which introduces a legal professional privilege exemption.

Section 88 which provides a national security exemption.

Section 96 revises the procedures for issuing notices by the Information Commissioner.  It allows notices to be delivered by hand, post or email and specified the individual entities to whom such notices may be addressed including officers of corporate bodies and partners of partnerships.

Section 97 expands the Information Commissioner’s powers to require not only information but documents broadening the scope of regulatory enforcement.

Sections 89 and 90 which come into force on 17 November 2025, aim to enhance collaboration between intelligence services and designated authorities while maintaining compliance with data protection laws.

Section 111 which imposes a duty to notify the Commissioner of personal data breaches within specified time periods.

DUAA is being implemented on a provision by provision basis and further regulations will determine when other sections come into force. The best way to keep track is to obtain a DUAA Tracker from the Department for Science Innovation and Technology.

The Information Commissioner’s Office (ICO) will be replaced by an Information Commission (IC) with stronger governance and a more proactive approach.  The recruitment process is underway but an opening date has not been specified.

What you need to do now

You have to check your systems, policies and training against stricter rules that will be imposed by DUAA and what you need to do now is:

1.      Databases must be accurate, up to date with trails showing updates corrections and safeguards.

2.      Check your Data Subject Access Request (DSAR) processes and response times.  It’s essential for you to comply if you process personal data in the UK, with the Privacy and Electronic Communications Regulations (PECR).  It’s the bench mark against which you have to measure privacy rules for electronic marketing and communications.

3.      Review any contracts you have for the transfer of data; following the legislation, the test is now that the legislation has to be not materially lower than UK GDPR.

4.      Review supplier contracts, data processing agreements and any processing arrangements where you have sub-contractors.

5.      Review existing Privacy Notices

6.      Review Legitimate Interests as your lawful basis for processing.

·       Fraud prevention

·       Safeguarding vulnerable children

·       Security for network and information

·       National Security Protection

7.      Check your cookie notices.  See if there are any for which you still need consent but most will now fall outside the consent regime.

8.      Plan refresher training for those in your organization who deal with data protection.

Have a copy of the DUAA Tracker that contains commencement timetable.  You can obtain it from the Department of Science Innovation and Training.

The main change in DUAA will be to balance trust in data protection and having regard to the requirement of business to innovate.

The Information Commission has a duty to balance data protection with innovation, competition and wider economic growth while effectively maintaining privacy safeguards.  The Commission has stronger enforcement powers e.g. to compel individuals to attend interviews and produce detailed reports.

The Commission will be more assertive in enforcement and you must therefore take care that your records and your staff are ready for examination.

DUAA lists certain items that automatically qualify as a legitimate interest so you can make quicker decisions about processing data without having to carry out a balancing test.

·       Fraud prevention

·       Safeguarding children

·       Security for network and information

·       National Security Protection

This has particular relevance in the areas of medical research, public health and other social benefit e.g. protecting children’s personal data, and affects organisations such as schools, charities, youth services or health care.

Individual’s data can now flow between NHS, hospitals, GPs and other care providers. Public authorities can delegate data responsibilities to third party operators.

The Commission can scrutinise AI and profiling tools and the requirement is fairness, transparency and safeguards against discrimination. That means you must be aware of heightened risks of profiling, discrimination or manipulation in the event of neuro data whether provided by AI or not.

If you are an AI developer, there is no obligation to disclose how or what data the developer uses for training however there are growing concerns about copyright infringement e.g. web-scraping, large scale data ingestion and third party models.

DUAA updates the rules for online marketing, cookies and direct marketing and introduces border exemptions for certain low risk analytic cookies so that consent is no longer required.  The maximum penalties for direct marketing and cookie breaches have been increased to £135m or 4% of global turnover, whichever is the greater.

There is therefore a strong push to deter unlawful tracking, nuisance calls and intrusive advertising so review cookie banners, opt in processes, consent records.  DUAA will bring ePrivacy rules so that they take account of modern tracking technologies and use modern tracking technologies.  DUAA covers ePrivacy in relation to data automatically provided, such as IP addresses and device identifiers.

DUAA prohibits remote tracking methods that help data collection and there will be user detection and oversight.  There are exemptions where the risk to privacy is minimal but you must provide people with clear information and give them a real ability to object.

If you transfer data DUAA gives government legal powers to build and regulate a digital identity eco-system.  This includes the areas of anti money laundering and counter terrorist financing.

Public authorities can delegate data responsibilities to third party operators.

DSARs

You are only required to carry out searches that are reasonable and proportionate so you don’t need to search every system.

If requests are genuinely impossible or unreasonably burdensome to fulfill, time can be stopped if you need further information from the person who has served the DSAR about what they want.  You can require the DSAR person to keep their requests targeted and you should use this ability if the DSAR is too broad or unfocused.

DUAA changes the complaints process. Data subjects are required to raise their complaint directly with the Data Controller i.e. you and will allow you a chance to resolve it before the dispute is taken to the Commission.

If you wish to keep in touch on the issue of DUAA 2025, contact Lynne Brooke on 07921 587341 or Michael Brunker, who is our expert collaborator on cyber security and DUAA.  Other organisations are presenting DUAA as complicated but the fact is that it is relatively straightforward; follow the guidelines set out in the Act, summarised in this post and track implementation on your DUAA Tracker.

 

The Brooke Law Group

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FILING AT COMPANIES HOUSE AFTER 18 NOVEMBER 2025

Posted on 25 November 2025 by eva

Under the Economic Corporate Transparency Act 2023, all filings – directors, Persons with Significant Control, accounts, changes in registered office and other items will have to be: 

  1. If you are a director, but that requires you to verify your identity on the Government website GOV.UK One Login or to go to a Post Office and have it done there, or
  2. You can if you prefer, use an Authorised Corporate Service Provider (ACSP), for example, an accountant or solicitor who has registered as a Companies House authorised agent. You will need to provide suitable identity documents but if you use an ACSP, they will have to verify the information.
    All company directors and Persons with Significant Control (PSCs) need to verify their identity to prove who they are. This is a new legal requirement under the Economic Crime and Corporate Transparency Act 2023. The purpose is to prevent people using companies for illegal purposes.

Appointment and removal of directors and other filings were carried out without any verification procedure. The system was being abused and this is the remedy. It is a two-stage process:

Step 1: Verify your identity and get your Companies House personal code.

This code is personal to you, not the company. Keep this information secure until you need to use it. You can view your personal code in the ‘manage account’ section of your Companies House account.

Step 2: From 18 November 2025, link your verified identity to Companies House records.

You’ll need to provide your personal code and a verification statement for each company role you hold.

You can verify your identity by going onto the government website. There is the option of attending a Post Office which provides this service. The Post Office will take your photograph under controlled conditions and compare it with your passport picture.

The easiest way is to have your identity verified by going on the government website GOV.UK One Login.

Action now will help you avoid delays or complications. If your company has multiple officers, allow plenty of time for each one to verify their identity. Directors based outside of the UK are probably best advised to use an ACSP to verify their identity.

As an ACSP, we can help you with identity verification.

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International Trade: UK/India Trade Deal

Posted on 22 July 2025 by eva

We previously wrote about the Free Trade Agreement in Southeast Asia, that was entered into of 15 December 2024.  It is now in full force and effect and if there is anything you need to know about that, please do contact me.  If you have any ambitions to trade with any of those countries in Southeast Asia, let’s discuss it together with our collaborator who has offices in Vietnam, China, Japan and Southern California.  We will be able to direct you and there is also the Department of Business and Trade (DBT).

The government has been busy arranging trade deals, the latest being negotiations with the USA and EU but an agreement has now been reached with India and the aim is to finalise the agreement by the end of 2025.  Over time the UK government says that the UK/India Trade Agreement will result in the lowering of tariff on clothing, jewellery and frozen prawns leading to cheaper prices and more choice.

The trade deal will also be beneficial to UK businesses which manufacture goods and tariffs will be reduced on such items as car makers and whiskey distillers.  For example, tariffs on whiskey and gin being imported from the UK to India will be halved from 150% to 75% before reducing to 40% in the fourth year of the deal.  The deal was welcomed by the Scotch Whiskey Association who said that it will be a once in a generation boost.  Car tariffs will be reduced to 10%.

India UK international trade

If businesses end up exporting more goods to India and making higher profits, this will lead to hiring more staff and investment in the UK.

The Business Secretary, Jonathan Reynolds, said that this trade deal will make it easier for people with certain skills to work in the UK temporarily.

The EU is the biggest trade partner for both the UK and India and therefore a free trade agreement between India and the EU would be highly significant.

The DBT has said that last year’s trade between the UK and India totalled £42bn and predicts that it will boost trade by an additional £25.5bn by 2040, boosting the UK economy by £4.8bn.

The British Chamber of Commerce has said the deal is a “welcome lift for our exporters”.

India is forecast to become the world’s third largest economy and is a home to 1.45bn people, a large market of which a substantial proportion is middle class and India has ambitious targets to grow its exports.

If you have any ambitions in this direction, contact me and we will be able to help as we have a collaborator experienced in the Indian market and we are carrying on work as a UK Law Firm in India.

The DBT projects that bi-lateral trade will reach £25.5bn and add £4bn to UK GDP each year.

There is also a predicted knock-on effect in football.  Richard Masters has said that “the continued growth of the Premier League and UK businesses in India will have a positive impact on our domestic economy and we welcome the news of this new trade deal secured by government which will support UK businesses operating in India”.

 

Lynne Brooke

The Brooke Law Group

(photo source: Rawpixel_Freepik)

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New Changes Ahead – An uncertain landscape for Employers

Posted on 6 March 2025 by eva

We have been watching the news with a certain amount of trepidation regarding the passage of the  new Employment Rights Bill introduced in October 2024 that is currently making its’ way through Parliament. professionals working on laptop

The Employment Rights Bill 2024 which creates a raft of pro-employee changes will likely be in force by 2026.

There should be no doubt however that these changes are wide-ranging and significant, and this is the biggest shake up of employment law for many years.

Key changes are as follows:

·       Day-one Employment rights, to claim Unfair Dismissal (currently two years’ service is required)

·       Day one right to request Flexible working instead of having to wait six months.

·       Prohibition of firing and re-hiring employees if the reason is the refusal to agree to new terms of employment or to enable the employer to recruit somebody new into the same role under new terms.

·       Zero-hours contract changes introducing the ‘Right to Guaranteed Hours’ where employees must be offered a number of guaranteed hours at the end of any reference period.  This is a modified version of what was expected as many anticipated zero hours contracts would become unlawful.

·       increased protection for employees returning from maternity leave so that employees are protected for six months after they return from maternity leave.

By far the most significant of these is the introduction of day one employment rights and rights on return from maternity leave.

Right not to be unfairly dismissed

Currently, and for many years previously employees have had to build up two years’ service to achieve protection from unfair dismissal. This briefly changed to one year some  years ago, but apart from that brief period, the qualifying period has always been two years  irrespective of which Government has been in power.

To now abolish it altogether is a momentous change to employment rights. There may be some flexibility to dismiss employees who are perceived to be considered to be a ‘bad fit’ for a role during the probationary period but otherwise dismissals must be conducted regarding a prescribed set of circumstances and only after following a fair procedure.

While undoubtedly heralded as good news for employees, employers may be less than happy with these changes.

This will undoubtedly lead to additional training requirements for Managers and HR in conducting Disciplinary and Grievance procedures and dismissals not to mention costly recruitment mistakes.

This will benefit some employees but conversely it may not.  It is anticipated that employers will be much more wary of hiring people. This may mean recruitment will be reduced and a number of other restrictions which will include tightening up contracts to add certain misdemeanours to the list of behaviours by way an employee could be dismissed for gross misconduct.

 

Right to an additional period of protection for employees returning from maternity leave.

Currently employees are only protected from pregnancy and maternity discrimination up until the time when they return to work.

That has proved a challenging time for employees as frequently employers have become accustomed to such employees not doing the role and prefer their replacement.

The new law will prevent employers from being able to dismiss returning employees for six months after they return. This is of course in addition to normal protection against unfair dismissal.

 

What should you be doing to prepare for the changes?

For employers it makes sense to review your existing arrangements,

This will entail

·       Reviewing existing procedures and policies to ensure fairness.

·       Drafting new policies on Disciplinary issues,  Flexible Working and Maternity

·       Additional training for Managers and Human Resources to update them on new laws and the requirements.

·       Changes to recruitment policies If for example you have a system of recruiting employees without rigorous checks or interviews you may need to review that. In future you will not be able to ‘wait and see’ if it works out.

·       You may also wish to review performance of existing employees before the new Employment Bill becomes law. If you have someone on a PIP or who is not performing you may want to consider reviewing their continued employment now, if they have less than two years’ service

·       Increasing pre-employment checks upon employees.

 

It will take some time for this new law to become practice but when it does employers must be prepared for the radical changes.

 

by Lynne Burns

the founder of LB LAW,  & Collaboration Partner – The Brooke Law Group LLP

(photo source: nensuria / Freepik)

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Remote Working & Cyber Security – Have you built a Trojan Horse?

Posted on 4 November 2024 by eva

Over recent years, and particularly after the impetus of pandemic response, remote working has become increasingly prevalent across the economy. In parallel with this evolution has been a drive towards the ‘cloud’ as the basis of IT infrastructure.

Whilst this combination brings tangible benefits, security threats can get overlooked. In the ‘old’ world, physical IT networks were set up behind cyber security defences and users were generally only able to access those networks from the organisation’s PCs, equally secure behind those defences. Where remote access was facilitated, it tended to be on dedicated laptops, securely configured and remotely managed by the IT function. The Bring Your Own Device (‘BYOD’) model was actually prohibited by most information security policies for the simple reason that the IT function could not ensure minimum standards.

The picture today can be very different. Remote workers are, in some sectors, not full-time employees but ‘external consultants’ and, as such, are not provided with IT equipment. Their employer has taken up residence on the ‘cloud’ and allows those externals to connect to its systems from BYOD end-point devices.

While user authentication technologies are used, and the cloud environment itself will doubtless be secure and resilient, the BYOD devices owned by individuals are more than likely to have inadequate security if any at all, potentially creating a direct route through defences. They are, in effect, the ‘Trojan Horse’ that could allow bad actors to install ransomware or exfiltrate sensitive data.

The implications, should this threat become a reality, are clear and potentially devastating. Loss of access to systems and data create disruption to normal activities, compromised client confidentiality and personal data breaches cause reputational damage and bring with them the danger of legal and regulatory sanction.

If this technology model is one your own organisation employs, have you considered and minimised these risks? To do so needn’t be particularly complex nor expensive and, if basic steps have been taken to address risk, as opposed to simply ignoring it, the potential legal and regulatory consequences are less severe.

Whatever the size and nature of an organisation, the approach is broadly similar;

·       Conduct a non-technical risk assessment. What data do you have, what are the most feared consequences of a breach? If personal data is a significant element, have you conducted a Data Privacy Impact Assessment to establish how the remote-working model sits with privacy compliance?

·       Assess how the IT systems deliver your processes. Are you vulnerable to external, unmanaged devices? If so, consider implementing technical and policy controls that will bring the risk profile to an acceptable level.

The new ‘ways of working’ model shouldn’t become a ticking time-bomb under your organisation, and the least you should do is to seek sensible, professional advice.

by Michael Brunker CISM CIPP/E

Collaboration Partner – The Brooke Law Group

(photo source: Freepik)

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Why invest in the Czech Republic?

Posted on 30 August 2023 by eva

The Czech Republic as a country in the heart of Europe has always been an attractive destination for starting a business for many foreigners. The country is a member of the European Union, offers favourable and safe business environment, skilled workforce, stable legal system, a very high level of general safety for living, good quality of life and strategic location. Its stable economy and developed infrastructure allow investors to peacefully conduct their business. For UK companies seeking to expand their horizons, the Czech Republic offers a promising landscape. Due to its location, it can be considered a gateway to a vast EU market of 440 million consumers.

investments czech republic

Staying in the Czech Republic while establishing a business involves considerations based on EU citizenship (can stay without a visa but may apply for a Certificate of Temporary Residence for over 3 months) or being from a third country (including UK citizens) require a visa for 90+ days, followed by a long-term residence permit. Business forms include self-employment (trade license), General Commercial Partnership (rare), Limited Partnership (limited and general partners), Limited Liability Company (shareholder liability limited to unpaid contributions), and Joint Stock Company (complex, high capital requirement). Registered Branch of a Foreign Company offers a simplified option, though it doesn’t have separate legal status. After business establishment, tax registration (corporate income tax 19%, rising to 21% in 2024), bank account opening, and legal preparations for a successful running of the new business are necessary.

There is also the possibility to apply for and get government incentives for technology centres, business support service centres, production of strategic products and manufacturing industry and grants available for new businesses.

Government incentives are provided under the Act on Investment Incentives, and consist of:

–       income tax relief for up to ten years for a new company established for an investment project and partial tax relief for up to ten years for an existing company which will be expanding an investment project;

–       cash grant for up to 20% of capital investment in certain strategic projects;

–       employment subsidies in the form of grants for job creation and training with respect to technology centres (available only in regions with high unemployment rates).

The Czech Republic’s real estate market offers a compelling blend of economic stability, growth potential, and favourable regulations for international investors. In 2020 and 2021, real estate prices have increased extremely. … Over the last year, the price of apartments fell by 8.4%, therefore it is good time to invest.

 

Mgr. Eliska Valickova

co-founder of  ME:LEGAL s.r.o., advokatni kancelar – law firm based in Czech Republic

ME:LEGAL is helping its clients with all their day-to-day business needs and offers them client-oriented legal services. The team is experienced in various fields of practice and is therefore able to provide its clients not only with the establishment of their business but also with the further growth of their business and their needs. The expertise includes business law (together with contractual law, corporate law and employment law), real estate law and providing legal support to hotels and restaurants.

(photo source: bearfotos/Freepik)

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CPTPP: Free Trade Agreement

Posted on 15 May 2023 by eva

The UK has reached an agreement in principle to join the CPTPP.  It is a landmark move reaffirming the UK’s commitment to the Asia-Pacific region which is seen as a key economic and security priority for the UK.

CPTTP is a trade bloc comprising 11 sovereign countries with a combined GDP of £11trillion once the UK joins. Current members are Japan, Australia, Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Costa Rica, Ecuador and Uruguay have formally applied to join. Thailand, The Philippines and South Korea have also expressed interest in joining.

CPTPP economies account for 15% of global trade and 13% of global GDP.

The Corporation of London says, accession will help the UK to become a leader in digital trade with modern rules on data and freer access to each other’s services sectors, while ensuring that UK data and intellectual property are safe.

The Asia-Pacific region is predicted to account for 2/3rd of the global middle class by 2030 and more than half of the global economy by 2040.  Joining the CPTPP means that UK business can sell nearly all their goods without tariffs to 500m customers.

CPTPP opens up the potential for easier imports and exports to and from CPTPP markets and the manufacturing of higher quality goods like the automotive industry capitalising on closer trading relations with major car export destinations.

There are specific benefits for higher taxed industries such as financial services or spirits e.g. tax on Scotch whiskey in Malaysia could drop from 165% to 0%. However, there are possible downsides if sectors like agriculture are unable to compete with the large economies of scale achieved in Australia and New Zealand.

There are also possible benefits to services organisations (legal, financial, professional and technology) as the easing of  regulatory barriers will enable them to expand on £30bn of services currently exported to the region.

There is a benefit in the resource sector from, for example Chile and Vietnam, as countries which have access to rare earth minerals essential in high tech products.

The CPTPP recognises the challenges SMEs face in establishing export markets and includes outcomes to help make the task easier.

We continue to offer our services to assist you in an early breakthrough into this valuable region as a new market for your products and services.

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New Immigration Applications for the Post-Brexit world

Posted on 18 December 2022 by eva

What does the UK’s post-Brexit immigration landscape look like? Certainly for European nationals the era of free-movement is over, however despite the long arguments about immigration control during these last few years, the immigration picture does look favourable for some.

Sponsorship Licence and Skilled Work

According to the released Home Office “Sponsorship Transparency Data” there has been a 3-fold increase in the number companies applying for a Sponsorship Licence to hire foreign workers, from approximately 2,000 per quarter before the Brexit-transition date, to 6,000 per quarter after the Brexit-transition date.

These figures clearly show that UK companies continue to need foreign workers to plug labour-shortage gaps, and with the ending of European free-movement these gaps are being plugged through the Sponsorship Licence scheme. Any UK employer looking to hire non-UK national staff needs to obtain a Home Office Sponsorship Licence. The main criteria for that application include proving to the Home Office that your business is a viable concern (in other words that you have the revenue and profit margins to take on the commitment of new hires), and that you will follow all the Home Office rules and regulations in relation to the licence, including Human Resources (HR) standards.

An application needs to supply certain key documents proving the financial health of the business, such as the latest accounts and Corporation Tax returns and bank statements. The rules a business needs to comply with are detailed, but broadly speaking they involve the company immediately reporting to the Home Office any issue with the foreign worker, or indeed reporting any problem with the compliance of the licence and the HR standards.

The most common form of Sponsorship Licence is what is known as the “Skilled Worker” licence. This is an important factor for businesses – this scheme is designed for the employment of highly skilled migrant workers, and not low-skilled workers. The Home Office publish a list of what constitutes highly skilled work, and there are roughly 65 different job titles ranging from; various management titles in the retail/hospitality and the corporate sectors, IT and digital services specialists, specific engineering or scientific positions, specific positions in healthcare, and many others. We are happy to have discussions with you about whether your intended hires can fall under one of these categories.

The Start-up and Innovator Visas

Another post-Brexit reform has been the introduction of the Start-up and Innovator visas. They are two different applications, though there is a great deal of similarity between them. The Start-up visa is aimed more towards young people who have no prior business experience such as University graduates. The applicant needs to put together a business plan that shows that their business idea is; a new idea, innovative, and commercially viable. This business plan needs to be endorsed by a reputable institution, and the most common endorsing body for the Start-up visa is the applicant’s former University. Indeed many UK Universities now have specialised teams to help guide their current and former students through the endorsing process, and the Universities have set this system up in partnership with the Home Office. There is no set investment amount required for the Start-up visa, which is one key factor different from the Innovator visa.

For the innovator visa an applicant needs a minimum of £50,000 to invest in their business idea, and this application is tailored more for experienced entrepreneurs. As such, the requirements for the business plan in this route are a little more stringent and obtaining the approval of an endorsing body can be a little more challenging. The most common endorsing body include the various start-up incubators or seed-capital investment funds around the UK, and each of these institutions has its own requirements for admission on to their programmes and have different processes for endorsing a business plan. bruno rodrigues solicitor However, one key element to the Innovator visa is that the business plan must be innovative – in other words your business idea must use a new technology, or comprise of a new product or be a business venture that is truly new to the UK market. The Brooke Consultancy can assist you in the process of putting your business plan together and liaising with endorsing bodies.

 

Conclusion

The immigration picture remains favourable for businesses who need to hire skilled foreign workers and for migrants with specialist knowledge and entrepreneurs with new ideas. At the Brooke Consultancy we would be happy to hear from you if you found this article interesting to solve your immigration needs.

– Bruno Rodrigues, The Brooke Consultancy

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UK: Employment relations now and then

Posted on 23 November 2022 by eva

I have been an Employment lawyer for over twenty years both in-house and as a partner in several central London law firms. In that time Employment law has changed dramatically.

To begin with the EU vastly increased employment rights and even though we have gone through Brexit we are still bound by EU Directives such as the much disliked Acquired Rights Directive (TUPE) or the Human Rights legislation. We remain tethered to these European laws even though we have left the EU.

Of equal importance is the Equality Act 2010 which incorporates in one single act all of the different strands of discrimination and adds further new claims such as associative discrimination and discrimination arising from a protected act.

In terms of employment litigation, no longer do Employment Tribunals fulfil their original purpose of being informal venues where employees can turn up unprepared on the day of the hearing with bundles of papers and without witness statements.  Employment Tribunals now follow almost the same rules as the civil courts in England and Wales.  Rightly or wrongly today’s employees know their rights and it is rare for either side not to have a barrister. There are also costs consequences if either party get it wrong or abuse the system.  It should also be borne in mind by employers though that Tribunals are often more generous in their attitude and interpretation towards employees.  All in all defending Employment Tribunal claims can be an expensive business.

In Autumn 2022 the Bank of England has warned us to expect two years of harsh recession and financial instability with interest rates soaring meaning that the costs of borrowing money will increase significantly which has knock on effects upon investment, loans and leasehold premises.

office environment

For employers this often means looking at ways to streamline their companies whether by outsourcing or restructuring. Inevitably this will mean redundancies and other job losses or closing down altogether.

Companies often hold the view that if they are in difficulty this means that they can side-step  the processes. This is untrue as a business will only escape liability if it is insolvent and has no assets. If a company needs to downsize it is always more cost efficient to conduct the process properly with clear communication networks for employees.

Transparency is key. This means not excluding affected employees from meetings and emails, and having whispered conversations behind closed doors which all create suspicion, division and rumours inevitably leading to problems within terms of employment

Some employers use the instruction to reduce headcount as an opportunity to get rid of the ‘old guard’ or underperforming employees without going through proper processes. This does not work and any attempts to side step due process will inevitably be picked up by employees’ legal representatives.

In cases of Individual terminations for senior employees or where it is necessary to strip out a layer of management this can potentially be achieved through short cuts such as ‘protected conversations or ‘without prejudice’ discussions.  The rules relating to such discussions however are prescriptive and there are penalties if you get in wrong.

Employment law is no longer an area of practise to be tagged on to other areas of expertise such as Human Resources or Corporate law. There are frequent traps and complexities which must be considered and advised on by a specialist.

by Lynne Burns

the founder of LB LAW,  & Collaboration Partner – The Brooke Consultancy

(photo source: IsraelAndrade / Unsplash)

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