Employment Law Matters

Daniel Barnett
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Aug 31, 2020 • 12min

S1E63 - Dismissing without following Procedures

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 – 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
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Aug 24, 2020 • 25min

S1E62 - Age Discrimination

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 – 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🌞 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
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Aug 17, 2020 • 32min

S1E61 - GDPR Two Years On - Part Two

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 – 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
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Aug 10, 2020 • 26min

S1E60 - GDPR Two Years On - Part One

In this, the first of two 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 first part, you’ll learn:the difference between the GDPR and the Data Protection Act 2018what sort of prosecutions and fines have been issued in the last two yearshow long HR Professionals have to keep records forwhether requests have to say they are data protection requestswhat to do with people who put in multiple, or ‘grudge’, requeststhe circumstances when employers can refuse to respondhow long employers have to reply to subject access requests🎁 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
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Jul 22, 2020 • 10min

S1E59 - Part-Time Workers

More and more people in the UK are turning to part-time work. Employees working part time benefit from balancing work and personal commitments. But what does part-time work actually entail, and why should employers embark on implementing part-time working?In this episode, you’ll learn:What rights a part-time worker has What amounts to less favourable treatment Tips for implementing part-time working in your companyThank you for listening and please leave a review if you found this helpful. 🎁 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
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Jul 11, 2020 • 8min

S1E58 - Unconscious Bias: My training story

In this episode, Daniel Barnett explains why he’s doing unconscious bias trainingEveryone has biases and we can't get rid of them. So this is not about being in the wrong. On the training session, Selwyn Blyth will raise your awareness of the (unintentional) impact of bias - and offer practical suggestions for how to minimise the negative impact at work. A lot of the learning comes from watching and interacting with scenes delivered by professional actors based on real-life workplace events. You can influence what happens by suggesting how they adapt their behaviour [no role play is required]. This "forum theatre" approach brings the issues to life. There will also be panel discussion, interactive chat and polling during the session. You won't feel lectured - our aim is to engage you. The training is split into three parts.The first part involves theory around cognitive  biases and heuristics (mental shortcuts).  We'll include some tests where you are shown pictures of people and your instinctive biases are measured, so you can discover whether you are ever susceptible to unconscious bias.  We'll learn about affinity bias ('mini me') and confirmation bias ('halo or horns').The second part involves role playing and practical exercises.  Selwyn will, together with two actors, use 'forum theatre' to present different scenes.  The first is a (male) manager mishandling a case of poor performance.  The second scene is based on a man in his late 40s making a request for  flexible working to look after a child; this is mishandled by a (female) manager.You watch the scenes without interruption and then, through online feedback and discussion (volunteers only - nobody picked on) you will faciliate feedback for the manager on how to handle the situation better.  The actors replay the scenes taking on board the feedback, and you can interrupt with suggestions in the online chat box if you are not happy with how it is progressing.The third and final section of the course explores four strategies for reducing the impact of bias: (1) challenging commonly held stereotypes  in an organisation; (2) seeking situational reasons for outcomes; (3) changing perception of relationship with out-group  members; and (4) being an active bystander.If you'd like to join Daniel and be part of this half day training, he’s asking for a £30+VAT contribution towards the fees that he’s paying to Selwyn and the two actors. Assuming he covers those fees, he'll also donate £2,000 to the Runnymede Trust, which is a charity and thinktank that aims to “challenge race inequality in Britain through research, network building, leading debate and policy engagement”, and which is funded entirely by donations.There are 25 free places, only for those who genuinely can’t afford (not for those who don’t want to ask their boss, or whose boss says ‘no’).  The discount code to claim a free place is: FREEPLACE .  The code will only work for the first 25 people to use it, so PLEASE don't be use up one of those free places unless you and your employer genuinely cannot afford the course.♨️ 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
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Jul 6, 2020 • 12min

S1E57 - Recent Unfair Dismissal Cases

If you like this podcast, please send out this tweet – it helps grow the podcast and encourages us to keep going.In this episode, Daniel Barnett discusses three recent unfair dismissal cases:-1.   Harrison v Barking, Havering and Redbridge NHS Trust: suspension should not take place as a kneejerk reaction2.   Lafferty v Nuffield Health  - whether you can dismiss an employee who has been charged, but not convicted, of a crime3.   Uddin v London Borough of Ealing  - a case following on from Royal Mail v Jhuti, about the fairness of a dismissal if an investigating officer withholds information they know about from the disciplinary officer. 🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.uk💎 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
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Jun 18, 2020 • 13min

S1E56 - Defrauding the CJRS

Are employers defrauding the Coronavirus Job Retention Scheme scheme, by claiming money back from HMRC for furloughed employees who are still working?  You’ll hear: the extent of the problemhow HMRC is likely to discover fraudwhat HMRC will do to reclaim the moneyReport fraud to HM Revenue & Customs - https://www.tax.service.gov.uk/shortforms/form/TEH_IRF?_ga=2.59277803.772004417.1592464880-2004048988.1584780955🎁 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
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Jun 9, 2020 • 8min

S1E55 - Covid-19 and Anxiety in the Workplace

What can employers do to help the workforce develop resilience and cope with anxiety in the workplace arising from Covid-19.  Dr Kerry Davison from Psychology Associates joins Daniel Barnett to discuss:- why mental health is so important in the workplace right nowhow Covid-19 will have far-reaching implicationshow different people react differentlytop tips on what employers can do to help employeesLINKSDr Kerry Davison of Psychology Associates - https://www.psychologyassociates.org.uk/who-we-are/meet-the-team/dr-kerry-davison/🎁 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
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Jun 9, 2020 • 11min

S1E54 - Why Verbal Warnings Annoy Me

What do you get when you record a verbal warning in writing?  A paradox, that’s what!  In this light-hearted episode, Daniel Barnett reveals the things that really annoy him, and shares the result of his Twitter Poll on who even uses them any more.🎁 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

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