Employment Law Matters

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026

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 – https://danielbarnett.com/vela/Ultimate 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.Join the Virtual Employment Law Academy - starting January 2026