Employment Law Matters

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 – 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

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 – 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

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 – 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

Discover the two types of Privilege that applies in the employment setting.how to qualify for ‘without prejudice’ protectionwill an advice provided by a non-legally-qualified HR professional qualify for a privilege?can you refuse a Subject Access Request?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 – 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

TUPE can be intimidating. If your business, or part of it, is in the process of changing hands, you’ve probably seen how the processes involved in a TUPE transfer can be complex, time consuming and detailed. In this episode, Daniel Barnett walks you through two of the more interesting TUPE cases in recent months: Hare Wines v Kaur – In a TUPE transfer, is it unfair to dismiss someone for personal reasons? Mears Homecare v Bradburn - Does the transferor have to keep and produce records for employees who have transferred to another employer? 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 – 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

Much of the UK’s employment law derives from the EU, but it is unlikely that the UK’s withdrawal from the EU will have an immediate impact on employment law.In this episode, Daniel sets out what might happen in six areas of employment law as the result of Brexit.Get high-level access to barrister Daniel Barnett, for answers to your most complex HR and employment law problems.  Visit http://www.hrinnercircle.co.uk for more information.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 – 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, you'll learn about the standard of 'reasonableness' in conduct and performance dismissal, including:-why you should never fly with Captain Taylor of Alidair Airlineswhen it can be okay for bus drivers to have traces of cocaine in their systems and not be dismissedthe future of the 'range of reasonable responses' test.We're down to the last 20 or so places for Daniel Barnett's big conference in a couple of weeks time in central London.  It’s for HR Professionals, on 14th October, and is exclusively for members of the HR Inner Circle – my membership club for smart, ambitious HR Professionals.  Have a look at the conference programme. It’s free to attend, by the way, if you’re a member, and you find out how to join on the website.  🎁 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, 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, employment barrister Daniel Barnett discusses what to do when an employee who has complained of sexual harassment decides she wants to drop her allegations.  You'll learn what to do, depending on whether: the complainant agrees to a formal investigationyou are genuinely satisfied the issue is resolvedthe complainant doesn't want to cooperateyou want to investigate irrespective of the complainant's cooperation.Thank you for listening and please leave a review if you found this helpful as it helps others to find the podcast and to keep the project going.🎁 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

This episode considers when alternative employment will and won’t be ‘suitable’ in a redundancy situation.  You'll learn:what is the duty to consider alternative employment?what are the five factors a tribunal will want to know about to decide whether the alternative role is 'suitable'?when might it be reasonable for a redundant employee to turn down an offer of suitable alternative employment?how hard does an employer have to look for alternative employment?LINKS:Daniel Barnett's conference on 14 October for HR Professionals - www.hrinnercircle.co.uk/hrconference2019Thank you for listening and please leave a review if you found this helpful as it helps others to find the podcast and to keep the project going.🎁 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 2017, the trade union Unison persuaded the Supreme Court that employment tribunal fees were unlawful, because they deprived the public of effective access to justice.  Are we going to get fees back?  In this episode, you'll hear:-why HR like tribunal fees and lawyers hate themwhy tribunals haven't reached their pre-2013 numberswhat the various political parties say about the future of tribunal feesDaniel Barnett's prediction on whether, and in what circumstances, fees will be brought back.Thank you for listening and please leave a review if you found this helpful as it helps others to find the podcast and to keep the project going.🎁 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