News 📰
AI and biometrics strategy
It has been announced by the UK Information Commissioner that a new AI and biometrics strategy will be launched, which will clarify the position regarding how AI and automated decision-making can be used safely by organisations.
The strategy specifies the following:
- The Information Commissioner’s Office will clarify governance of automated decision-making and how it can be used whilst making sure it is objective and reasonable.
- There will be a statutory code of practice released which will be aimed at outlining the expectations for organisations using AI and automated decision-making.
- The Information Commissioner’s Office will ensure that personal information is used in a lawful manner when new generative AI is being trained, by working alongside developers.
This will hopefully clarify any issues and concerns that organisations may have regarding the impending (if not already implemented) integration of AI and automated decision-making into the workplace.
You should also consider whether you have an appropriate policy in place to cover AI and other technology usage in the workplace. If you need any assistance, our employment team would be happy to help.
Data (Use and Access) Act
The Data (Use and Access) Bill has received Royal Assent and is now in force. Although a lot of provisions remain dormant until secondary legislation is implemented, it looks like changes will be coming into force within the next 12 months.
There is likely to be amendments to privacy notices, Subject Access Requests and amendments to when data can be processed.
We will provide substantive updates as and when they arise.
Case Law Update 📢
Hendy Group Ltd v Kennedy [2024]
The Respondent (Hendy Group Ltd) is a car dealership, and they employed the Claimant (Mr Kennedy) as a trainer of employees. Prior to his employment with the Respondent in that job, the Claimant had worked within the motor vehicle industry for 30 years.
The Claimant brought a claim against the Respondent stating that his dismissal had been unfair following a redundancy situation because he had not been offered alternative employment within the Respondent’s company.
The Tribunal found in the Claimant’s favour and took into account:
- The Claimant’s access to internal resources had been removed.
- The Claimant was left in the same situation as all external candidates applying for roles within the company.
- The hiring department were not informed of the situation and HR tried to contact the Claimant on an email address which he no longer had access to.
- There was no support provided to the Claimant throughout this process and the job application procedures.
It was held that the Respondent had not properly considered whether there were any alternative employment opportunities for the Claimant within the company, and he had been unfairly dismissed. He was awarded compensation of £19,566.73 (no Polkey reduction was granted). The Respondent’s appeal was dismissed.
Hindmarch v North-East Ambulance NHS Foundation Trust [2025]
The Claimant (Mr Hindmarch) was a non-emergency ambulance driver during the COVID-19 pandemic, and he experienced increased anxiety surrounding potentially contracting COVID-19.
Ordinarily, an employee in the Claimant’s particular job role would be issued with a FFP2 face mask, however the Claimant would not return to work until supplied with a FFP3 mask for further protection from COVID-19. The Claimant did not confirm that he would return to work if he received a FFP3 mask.
The Respondent (North-East Ambulance NHS Foundation Trust) would not give a FFP3 mask to the Claimant, and the Claimant was later dismissed due to capability whilst on long-term absence for sickness reasons due to his mental health. The Claimant brought various claims, one of which was failure to make reasonable adjustments.
The Employment Tribunal, and subsequently the Employment Appeals Tribunal, dismissed his claims. It was held that a reasonable adjustment does not need to be made if there is no real possibility that it might take away the disadvantage that employee is going through.