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Employment Law Matters

Are you an HR Professional or employment lawyer? Do you love employment law? Employment Law Matters is presented by London employment law barrister Daniel Barnett. You'll learn how to deal with tricky, practical, employment law and HR issues in regular, weekly, bite-sized chunks.

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039 Employment Law Changes - April 2020

IMPORTANT:  This episode was recorded *before* the coronavirus crisis.  In it, we say that the extension of IR35 to medium and large businesses in the private sector is taking place on 6 April 2020.  That has now been deferred until 6 April 2021.In this episode, we look at five key employment law changes which come into effect this April 2020.In this episode, you’ll learn:Written particulars of employment Holiday pay Agency workers IR35; and Bereavement LeaveAre 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.  http://www.hrinnercircle.co.uk.Thank you for listening and please leave a review if you found this helpful. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

14mins

24 Mar 2020

Rank #1

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007 Valuing a Claim

Deciding how much a claim is worth, and how much you might be willing to offer, is a methodical process. It’s a bit of science, and a bit of art. Policies, processes, meetings, communications, actions in the workplace are aimed at keeping things running smoothly, and avoiding legal liabilities. But there are things that throw a spanner in the works.In this week’s podcast, Daniel Barnett talks about things to consider when valuing a claim.Be sure to subscribe to Employment Law Matters at www.danielbarnett.co.uk/podcast to be notified of new episodes.If there is a subject you’d like to hear covered on Employment Law Matters please email your request to: podcast@danielbarnett.co.uk or tweet @daniel_barnett

6mins

19 Aug 2019

Rank #2

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027 Constructive Dismissal

A constructive dismissal occurs when an employee is forced to resign due to an employer’s unlawful behavior. Generally, only in the most serious of cases could the actions of the employer amount to a constructive dismissal. In this episode, we highlight some tips on constructive dismissal claims and if the claim succeeds, how much is due to the employee?In this episode, you’ll learn: five questions to ask when considering whether an employee had constructively dismissed what constitutes the ‘final straw' for a constructive dismissal? - Kaur v Leeds Teaching Hospitals NHS Trust damages for wrongful dismissalWant free employment law updates by email?  Subscribe now to Daniel Barnett’s email bulletins at http://www.danielbarnett.co.uk.Thank you for listening and please leave a review if you found this helpful. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday.  If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

10mins

7 Jan 2020

Rank #3

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044 Furlough: Three Outstanding Issues

In this episode, Daniel Barnett discusses three further issues around the Coronavirus Job Retention Scheme:-1.  when will the online portal open, and how will it work?2.  does the furlough scheme cover employees who TUPE over after 28 February 2020? 3.  can employees take annual leave when on furlough, or will doing so break furlough?  LINKS:-Email from HM Treasure to David Johnston MP regarding TUPE https://twitter.com/PamanSingh/status/1247528124083920899/photo/2Tweet from HMRC Customer Support regarding annual leave  https://twitter.com/HMRCcustomers/status/1247470902767489024 The Employment Webinar series www.employmentwebinars.co.uk Employment Law Matters is presented by barrister Daniel Barnett of Outer Temple Chambers.  Subscribe at www.danielbarnett.co.uk/podcast © Employment Law Services 2020

18mins

8 Apr 2020

Rank #4

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032 Two Supreme Court Cases for 2020

In this episode, Daniel Barnett predicts the outcome of the two big Supreme Court cases of 2020 in discussion with employment law speaker Darren Newman.First, they discuss The Royal Mencap Society v Tomlinson-Blake, due to be argued in the Supreme Court later this week, which will consider whether ‘on-call’ workers at care homes are entitled to be paid the minimum wage for periods when they are on call (ie available for work, but not actually working). Second, they discuss the Uber case, Uber BV v Aslam.  Uber lost in the employment tribunal, EAT and Court of Appeal, with 4 out of 5 judges over those stages holding that Uber drivers are ‘workers’, and thus entitled to minimum wage and holiday pay.  Will the Supreme Court take a different view later this year?Learn more about Darren Newman at www.darrennewman.org.  Want free employment law updates by email?  Subscribe now to Daniel Barnett’s email bulletins at http://www.danielbarnett.co.uk. Thank you for listening and please leave a review if you found this helpful. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

25mins

11 Feb 2020

Rank #5

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018 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? Want free employment law updates by email?  Subscribe now to Daniel Barnett’s email bulletins at http://www.danielbarnett.co.uk.Thank you for listening and please leave a review if you found this helpful.  Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

8mins

5 Nov 2019

Rank #6

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016 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.Thank you for listening and please leave a review if you found this helpful.Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett.© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

10mins

21 Oct 2019

Rank #7

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012 What, exactly, is 'Fair'?

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.  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.Be sure to subscribe to Employment Law Matters to be notified of new episodes via www.danielbarnett.co.uk/podcast.If there is a subject you’d like to hear covered on Employment Law Matters please email your request to: podcast@danielbarnett.co.uk or tweet @daniel_barnett

17mins

24 Sep 2019

Rank #8

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019 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.  http://www.hrinnercircle.co.uk.Thank you for listening and please leave a review if you found this helpful.  Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday.  If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

14mins

12 Nov 2019

Rank #9

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017 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.  Visit http://www.hrinnercircle.co.uk for more information. Thank you for listening and please leave a review if you found this helpful.  Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday.  If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

11mins

29 Oct 2019

Rank #10

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026 Performance Management

If performance problems start to arise, how do we go about dealing with poor performance fairly? In any organisation, the people are the greatest creators of value. It is important early on, that they understand what’s expected of them and set the level of standard they need to meet their job. To enable them to achieve their performance goals, they need to be motivated, have the necessary skills, resources and support.  In this episode, you’ll learn: what are the reasons causing performance issues? what do you do when an employee puts in a grievance during a performance management process? how to hold the meeting dismissing for poor performance setting the performance standardsGet 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. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday.  If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

15mins

31 Dec 2019

Rank #11

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021 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.  Visit http://www.hrinnercircle.co.uk for more information.Thank you for listening and please leave a review if you found this helpful. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

11mins

26 Nov 2019

Rank #12

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006 Unfair Dismissal Time Limit Extensions

In this episode, Daniel Barnett discusses the statutory test for extending time in unfair dismissal claims, as contained in section 111(2) of the Employment Rights Act 1996.Daniel Barnett also reads a chapter from his newly published book on Time Limits in Employment Tribunals.If you’re interested in getting hold of a copy, it’s available to members of the HR Inner Circle, which is the UK’s community for smart, ambitious HR professionals.  Find out more at www.hrinnercircle.co.ukBe sure to subscribe to Employment Law Matters to be notified of new episodes.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.If there is a subject you’d like to hear covered on Employment Law Matters please email your request to: podcast@danielbarnett.co.uk or tweet @daniel_barnett

20mins

12 Aug 2019

Rank #13

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038 Sending Staff Home

In this week's extended episode, Daniel Barnett discusses sending staff home.  You’ll learn: when you can insist staff work from homehow to handle adaptations and expenseslaying off staff, guarantee payments and deemed redundancypossible emergency changes to the law on lay-offcollective redundancy consultation and special circumstancesDownload Daniel's Homeworking Policy for free.On Friday 13 March, Daniel hosted a two hour online meeting, answering questions from over 100 HR Professionals on CV issues, and hearing from people on what their different businesses were doing to cope with the current situation.  The video and transcript is available in the members' area of www.hrinnercircle.co.uk .  The HR Inner Circle is the UK's leading community for smart, ambitious HR Professionals.Thank you for listening and please leave a review if you found this helpful. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

25mins

17 Mar 2020

Rank #14

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037 Coronavirus: an LBC Special

This episode is a recorded version of Daniel Barnett's special LBC Radio programme on the legal implications in the workplace of coronavirus.  He discusses issues and answers questions from callers including:- - the government's proposed reforms to sickpay - can the NHS insist paramedics shave their facial hair to make masks more effective? - do jurors have to turn up to jury service? - should driving instructors stop giving lessons? - the difference between sickpay and statutory sickpay - as a wedding photographer, what are my rights if weddings are cancelled? - what medical evidence is needed to take time off? - what employers should do if people decide not to come to work - what steps can employers take to help employees? - do I get paid if my employer closes the workplace? - what if my employer tells me to come into work, despite someone at work being diagnosed with Covid-19? - what are the issues facing self-employed individuals? - what if I need to take time off because my childrens' school has closed?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.Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett . © Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

45mins

10 Mar 2020

Rank #15

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001 Can we suspend that Employee?

In this episode of Employment Law Matters, Daniel Barnett looks at when and how you can suspend an employee. Generally, you can suspend as long as you have good reason. Daniel will tell you first about a recent CA decision which said that, and then he will give you five situations where you’ll run into trouble if you suspend.There are five ways in which suspension can lead to a constructive dismissal claim or, indeed, a finding of unfairness if you subsequently make a decision to dismiss.Be sure to subscribe to Employment Law Matters to be notified of new episodes. 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.If there is a subject you’d like to hear covered on Employment Law Matters please email your request to: podcast@danielbarnett.co.uk or @daniel_barnett

8mins

23 Jul 2019

Rank #16

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042 Coronavirus: LBC Radio Q&A

A bonus episode:  Daniel Barnett features on 'Ask the Expert' on Iain Dale's LBC show on 1 April 2020.Listen to Daniel answering questions on coronavirus and employment law from a variety of employees and employers.If you enjoy this podcast, please subscribe at www.danielbarnett.co.uk/podcast

41mins

2 Apr 2020

Rank #17

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013 Predicted Brexit changes

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. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett.© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

9mins

30 Sep 2019

Rank #18

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030 Stress at Work

Studies suggest that a little stress can actually do you good – it boosts focus and primes your body. However, prolonged stress, can become a problem for both the employee and the business they work for. It can lead to physical and mental problems, and long-term absences. Recognising and knowing how to tackle stress is something all companies need to be prepared for. In this episode, Daniel Barnett offers guidance to help employers identify and support employees who are stressed in the workplace.In this episode, you’ll learn: how to reduce/prevent stress? what reasonable adjustments can you consider? what claims might we face?  top tips on preventing and defending workplace stress claimsGet 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. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday.If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.

11mins

28 Jan 2020

Rank #19

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024 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.Follow Daniel Barnett on Twitter at @daniel_barnett.Thank you for listening and please leave a review if you found this helpful. Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday. If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer. 

11mins

17 Dec 2019

Rank #20