Employment Law Matters

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

Employers are increasingly adapting to recognise the effects that the menopause can have on women and their working lives. It is more important now than ever with older workers expected to stay in work for longer. The menopause is a deeply personal issue, and it is unsurprising that many people prefer not to talk about it. But the landscape is changing. There are more available resources to encourage dialogue, and to help employers understand the challenges that the menopause poses. It is also important to help make working life easier for women who are going through it. As well as the human aspect, there are good business reasons for addressing the menopause. 🎁 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

When can, and can’t, you dismiss an employee for social media misuse? In this episode, barrister Daniel Barnett discusses this topic briefly with Professor Virginia Mantouvalou, Professor of Human Rights & Labour Law at UCL Faculty of Laws.   He then explains the law on social media and dismissals, giving examples of various cases where dismissals have been held to be fair and unfair.🎁 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

London Central employment tribunal announces a member has staff has tested positive for Covid-19.The President of Employment Tribunals (England & Wales), Judge Barry Clarke, issues three new guidance documents.First is the Presidential Practice Direction on the use of the Welsh Language. This reminds tribunals in Wales than any witness or participant who wishes to use Welsh rather than English is entitled to do so in tribunal proceedings.Second is the Presidential Practice Direction on remote hearings and open justice. This sets out the way that open justice should be preserved during remote hearings, for example by witness statements being put up on screen or read out by the witness. Third is the Presidential Guidance on remote and in-person hearings. This sets out the factors to consider when deciding whether a hearing should be remote, partly remote, or in person, and gives guidance on how parties should prepare for remote hearings (including guidance on lodging documents). It also sets out safety factors for in-person hearings.💎 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

In this short extract from Daniel Barnett’s new book on Constructive Dismissal, you’ll learn whether a dismissal process can be a ‘last straw’ to enable an employee to resign and claim constructive dismissal.🎁 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

If an employee is dismissed without any procedure being followed, as a result of breakdown in relations between her and her manager, you'd expect that to be an unfair dismissal - right?In Linda Gallacher v Abellio Scotrail Limited the Employment Appeal Tribunal upheld a tribunal's decision that it was, in the unusual circumstances of the case, a fair dismissal.Listen to this episode to find out why. Check out https://marketing-and-building-your-employment-law-pra.teachable.com/p/marketing-and-boosting-your-employment-law-business🎁 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

Age discrimination is probably the protected characteristic which gets the least press, yet it’s the one we all share.  In this episode, you’ll learn about:-The different types of age discriminationJustifying age discriminationThe main exceptions to the laws against age discriminationThree years ago, I organised and led a closed-doors conference on How to Market and Boost your Employment Law Business. Within a small room, a team of myself and three world-class business speakers taught about 100 people about doubling their fee-earning in two years.  A few weeks later, I sold recordings of the course for £597+VAT. We allowed people to buy it for ten days, and then I took it away. At the time I said I was taking it away forever.  But I’ve decided that the current economic situation is so exceptional, I’m going to bring it back. Not only that, but I’m slashing the price to make it a no-brainer for you.  You can now get immediate access to the full course for £47+VAT per month, or a one-off lifetime access fee of £157+VAT.https://marketing-and-building-your-employment-law-pra.teachable.com/p/marketing-and-boosting-your-employment-law-business💎 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🌞 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, the second of two consecutive episodes, Daniel Barnett of Outer Temple Chambers and Emma Erskine-Fox of TLT Solicitors (@emmafoxlaw) discuss the GDPR, two years after it came into force.In this second part, you’ll learn:things employers need to search fordefiniting the search parametersdealing with requests for common names or initialsredactionanswers to ten questions tweeted in before recording the podcast🎁 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