Employment Law Matters

In this episode, LBC nighttime presenter Clive Bull interviews me on what life was like for an employment lawyer during 2020.🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

From this week, these podcasts become fortnightly, not weekly.  That's because I'm also now producing YouTube explainer videos on a whole range of legal topics. In this episode, you’ll learn:whether cost alone can be enough to justify discrimination – from a important new Court of Appeal court case called Heskett; and about some recent guidance from the EAT on the definition of disabilityCASES REFERRED TOHeskett v Secretary of State for Justice Sullivan v Bury Street Capital Ltd 🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

In this episode, you’ll learn:why you shouldn’t suspend employees as a knee-jerk reaction to misconductwhen you can dismiss someone who has been convicted of a crimewhen the knowledge of one manager can be attributed to the employer, for unfair dismissal purposes.CASES REFERRED TOHarrison v Barking, Havering and Redbridge NHS TrustLafferty v Nuffield HealthRoyal Mail v Jhuti Uddin v London Borough of Ealing  🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

In this episode, you’ll learn:Why City law firm Vardags are on the cusp of having an unlawfully discriminatory dress codeWhat the law says about dress codesFive top tips for introducing a dress code CASES REFERRED TOSmith v Safeway plc [1996] IRLR 456Department of Work and Pensions v Thompson UKEAT/0254/03 🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

Are employees always entitled to the four week trial period in redundancy alternative work situations?The four-week trial period that operates when an employee is offered alternative work in a redundancy exercise is well-known. But it is also widely misunderstood. The reality is that in most cases where an employee at risk of redundancy is offered alternative work, the trial period will not apply. In that case employers will have to think very carefully about what happens if the new role does not work out. 🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

In episode 72 of Employment Law Matters, you’ll learn about the differences between a wrongful dismissal and an unfair dismissal claim. It is a quirk of UK employment law that there are two separate and distinct claims that can be brought (leaving aside any issue of discrimination) in challenging a dismissal. Unfair dismissal is a claim created by statute — currently found in Part X of the Employment Rights Act 1996. Wrongful dismissal is a contractual claim where the employee alleges that the dismissal was not carried out in accordance with the contract. Both claims can be brought in the employment tribunal, although an employee hoping to recover more than £25,000 for wrongful dismissal will need to pursue that claim in the normal civil courts. 🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

In this episode, I discuss monitoring employees' activities.  It's an extract from this month's audio seminar for members of the HR Inner Circle, the UK's leading membership club for smart, ambitious HR Professionals.🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

In episode 70 of Employment Law Matters, you’ll learn what the new Information Commissioner’s Office Guidance says about:-1) What amounts to a ‘manifestly excessive’ SAR?2) What is a ‘reasonable fee’ for complying with a manifestly excessive or unfounded SAR?3) Stopping the clock when clarification of the SAR is required.Find the Guidance at  https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnett.com/podcastquestion💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

The Restriction of Public Sector Exit Payment Regulations 2020 aim to prevent public bodies from making excessive payouts to departing employees. They cap the amount of an exit payment at £95,000. That sounds like a generous enough redundancy package, but things are as ever a little more complicated than that. To discuss the detail I’m joined by employment lawyer and commentator Darren Newman who works closely with a variety of public sector employers – particularly local authorities.  You'll learn:-what’s it's all aboutwhat organisations are covered?what does the £95,000 cap include, and how is the cap allocated between the different elements of an exit payment? is 95K – what does that include?are there exceptions?when do the Regulations come into force? What about redundancies that are already in the pipeline?Darren Newman's top tip for public sector employers.💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited.  The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then.  You should always seek your own independent legal advice.  Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter

One particularly fraught question in dealing with TUPE transfers is the extent to which employers and employees can agree to change the terms and conditions of a transferring employee.Cases referred to:The Transfer of Undertakings (Protection of Employment) Regulations 2006, reg 4(4)Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/SRegent Security Services Ltd v PowerFerguson v Astrea Asset Management LtdManchester College v HazelSkills Development Scotland Co Ltd v BuchananBuy ‘Deconstructing TUPE’ by Daniel Barnett on Amazon💎 PRODUCTS, MEMBERSHIPS AND COURSESJoin the HR Inner Circle – www.hrinnercircle.co.ukHarassment Pack - https://danielbarnett.com/harassment/HR Platinum Policy Package 2024 – www.polices2024.comThe Virtual Employment Law Academy – www.virtualemploymentlawacademy.comUltimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunalOwn-branded email updates for solicitors - www.employmentlawbulletins.com📚 BOOKSMy books include the Employment Law Handbook and Resolving Grievances (see all books).🌞 WHO AM I:I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers.  I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.☎️ CONTACT ME:Contact my assistant via email.♨️ IMPORTANT INFORMATION:This podcast is published by (c) Employment Law Services Limited.  The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then.  You should always seek your own independent legal advice.  Any employment law explained applies to England, Scotland and Wales only.Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter