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Employment Law Matters

Latest episodes

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Dec 17, 2019 • 12min

S1E24 - What to do if you receive a tribunal claim

At some stage during the course of your business, you’ll face an employment tribunal claim. It is easy to panic in the face of litigation, however, if a Tribunal claim lands on your desk, it is important to act quickly and calmly, to ensure that you are in the best possible position to defend the claim.In this episode, Daniel Barnett walks you through a checklist of the initial steps you should take, time limits and how to apply for extension.Thank 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 – 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
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Dec 10, 2019 • 10min

S1E23 - Criminal records

Can an employer refuse to recruit someone who had a conviction? Or on which circumstances an employer may not legally recruit a person with a certain type of offense?A great deal of prejudice comes when dealing with someone who has a criminal record. Understandably, many employers have fears or concerns about recruiting people with convictions or who believe, incorrectly, that they cannot employ someone for legal reasons or insurance purposes.  In this episode, you’ll learn: when convictions become ‘spent’  if someone has an unspent conviction, what should you think about when deciding whether to employ them?  how to find out about someone’s criminal record  dismissing somebody who commits a criminal offenceAre you a smart, ambitious HR Professional?  If so, learn more about Daniel Barnett’s exclusive membership club to help boost your career and develop your business.  Join the HR Inner Circle – www.hrinnercircle.co.ukThank you for listening and please leave a review if you found this helpful. 💎 PRODUCTS, MEMBERSHIPS AND COURSESHarassment 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
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Dec 3, 2019 • 11min

S1E22 - Protecting an Employer's Reputation

If you have been accused of something, it is critical to assess the problems that will arise - quickly and strategically. Those caught up in allegations can find themselves bewildered by what steps to take.In this episode, I’ll look at some case law on protecting your reputation, discuss the practical steps you can take and explore one of employers’ biggest bugbears – social media.Thank 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 – 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
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Nov 26, 2019 • 11min

S1E21 - Dress codes

A dress code can be a part of an employer’s terms and conditions of employment. They set a standard that employers have developed on what they believe is appropriate for employees to wear at work.However, recent cases have shown that dress codes can be an apple of discord for employees and employers.What makes a dress code unreasonable, or even discriminatory?In this episode, Daniel Barnett shares detailed guidance for employers and workers to clarify this emotive subject. Get high-level access to barrister Daniel Barnett, for answers to your most complex HR and employment law problems. Join the HR Inner Circle – www.hrinnercircle.co.ukThank 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 – 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
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Nov 22, 2019 • 3min

S1E20A - Bonus: Quiz Results from Vegetarianism and Philopsophical Beliefs

The results of the quiz from the last episode (sorry about the quality; it was recorded on a phone!) following our live draw on Facebook 30 minutes ago...Congratulations to Gemma Camfield, who won the £100 Amazon voucher.The answers as to whether the following were protected philosophical beliefs were:1. A belief that homosexuality is contrary to God’s law? No, because that was held to be not worthy of respect and it conflicted with fundamental human rights of others.2.  A belief in climate change?  Yes – a passionate belief in climate change was held to be a ‘philosophical belief’ which is protected under equality law. 3. Anti fox-hunting?  Yes, because it was based on a passionate belief in the sanctity of life, which was akin to a ‘philopsophical belief’. 4. A belief that a poppy should be worn on Remembrance Sunday?  No – because although it was an admirable belief, it did not relate to a weighty and substantial aspect of human behaviour. 💎 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
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Nov 19, 2019 • 10min

S1E20 - Vegetarianism and Philosophical Belief

While most employers would be familiar with religious discrimination rights, the Equality Act 2010 goes beyond safeguarding employees' religious beliefs. It covers ‘philosophical’ beliefs as well. Many cases have established that certain belief systems can be afforded protection by law. There have also been notable failures to establish a case that meets the criteria for discrimination protection - Consisbee v Crossley Farms Ltd. In this episode, we’ll discuss what sort of questions will help you confirm if a ‘belief’ qualifies for protection. Are you involved in a complex, high value or high profile employment dispute?  Contact adam.macdonald@outertemple.com to find out whether employment barrister Daniel Barnett can help you.Thank you for listening and please leave a review if you found this helpful.💎 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
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Nov 12, 2019 • 14min

S1E19 - Giving notice

Sometimes there can be uncertainty  around notice periods – how long should they be? How much do you have to pay? Both parties must understand their obligations relating to the required notice period to avoid a breach of contract.In this episode, we’ll discuss:the minimum notice periods required by law  when notice isn’t required  how best to give notice  can notice be withdrawn?Are you a smart, ambitious HR Professional?  If so, learn more about Daniel Barnett’s exclusive membership club to help boost your career and develop your business. Join the HR Inner Circle – www.hrinnercircle.co.ukThank 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 COURSESHarassment 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
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Nov 5, 2019 • 9min

S1E18 - A couple of cases on harassment

Can an employer be held liable for an employee’s post on social media, or for his personal views said to the press? A conflict between an employee’s out-of-work actions and an employer’s reputation can quite easily happen. Employers should ensure that they have detailed conduct policies and should take reasonable steps to ensure such policies are communicated to staff. In this episode, Daniel Barnett talks about two harassment cases in recent months: Forbes v LHR Airport – Can an employer be vicariously liable for an employee’s racist Facebook post?Page v NHS Trust Development Authority – Can an employee be fairly dismissed for the way he expresses his beliefs, rather than the beliefs themselves?  🎁 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
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Oct 29, 2019 • 12min

S1E17 - Disrupting Disciplinaries

It is common for an employee to go off sick during a disciplinary process. In this episode, Daniel Barnett shares his suggestions on how to make sure the disciplinary investigation continues so far as possible in the event of an employee’s absence.  We cover what to do when in these situations: if an employee goes off sick after you launch a disciplinary process if an employee puts in a grievance after you’ve started disciplinary proceedings Get high-level access to barrister Daniel Barnett, for answers to your most complex HR and employment law problems. Join the HR Inner Circle – www.hrinnercircle.co.ukThank 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 COURSESHarassment 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
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Oct 21, 2019 • 11min

S1E16 - Employees who go AWOL

An unauthorised absence can be deemed fair grounds for dismissal, but there could be a lot of reasons why an employee might simply not turn up for work one day - from a simple hangover, to a life threating family emergency. As an employer, it is important that you know how to avoid tribunal claims when dismissing.In this episode, you’ll learn:why it’s dangerous to assume the employee has resigned whether you can argue frustration of contract, or that the employee has self-dismissed how to handle the inevitably artificial dismissal processAre you involved in a complex, high value or high profile employment dispute?  Contact adam.macdonald@outertemple.com to find out whether employment barrister Daniel Barnett can help you.🎁 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

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