Discover the two types of Privilege that applies in the employment setting. how to qualify for ‘without prejudice’ protection will 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.uk Thank you for listening an...
Oct 14, 2019•11 min•Season 1Ep. 15
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 employ...
Oct 07, 2019•8 min•Season 1Ep. 14
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 fou...
Sep 30, 2019•10 min•Season 1Ep. 13
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 Airlines when it can be okay for bus drivers to have traces of cocaine in their systems and not be dismissed the 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 Octob...
Sep 24, 2019•18 min•Season 1Ep. 12
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 investigation you are genuinely satisfied the issue is resolved the complainant doesn't want to cooperate you want to investigate irrespective of the complainant's cooperation. Thank you for listening and please leave a review if you found this...
Sep 16, 2019•14 min•Season 1Ep. 11
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 conferenc...
Sep 09, 2019•14 min•Season 1Ep. 10
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 them why tribunals haven't reached their pre-2013 numbers what the various political parties say about the future of tribunal fees Daniel Barnett's prediction on whether, and in what circumstances, fees will be brought back. ...
Sep 02, 2019•9 min•Season 1Ep. 9
In this episode of Employment Law Matters, Daniel Barnett explains 16 techniques for giving evidence well, including: answering the question that's been asked dealing with the 'is it possible?' question coping with a tricky cross-examiner 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 🎁 FREE STUFF Employment law updates ...
Aug 26, 2019•16 min•Season 1Ep. 8
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. 🎁 FREE STUFF Employment law updates – www.danielbarnett...
Aug 19, 2019•7 min•Season 1Ep. 7
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.uk Be sure to sub...
Aug 12, 2019•21 min•Season 1Ep. 6
We live in an age where our private lives are shown all over the internet. And this is also where businesses live. Employees are entitled to a private life, and tribunals often hear claims that an employer has infringed this fundamental human right. In this week’s podcast, Daniel Barnett covers Employee’s Private Life and Social Media, and looks at some relevant example cases. Be sure to subscribe to Employment Law Matters to be notified of new episodes. Thank you for listening and please leave ...
Aug 05, 2019•10 min•Season 1Ep. 5
Employees can sue for negligent or incorrect references, and although those sorts of claims are rare, they can be tricky to handle. In this week’s podcast, Daniel Barnett shares his six rules of giving references as well as some common pitfalls. 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. 🎁 FREE STUFF Employment law ...
Jul 29, 2019•9 min•Season 1Ep. 4
SOSR is like a classic car. It can work well but only in the right conditions. An employer must have a fair reason to dismiss an employee. When other avenues are exhausted, employers can sort to SOSR - which stands for ‘some other substantial reason’. Rather unhelpfully, there is no definition or guidance about its meaning. It must be 'substantial', which can include anything that is not frivolous or insignificant. In this episode of Employment Law Matters, Daniel Barnett talks about the top fiv...
Jul 23, 2019•12 min•Season 1Ep. 3
How hard can it be to work out how much someone’s wage slip should be for? In recent years it has become clear that a wide range of payments that have not traditionally been used in the calculation of holiday pay should in fact have been included. As a result, many employers will have been underpaying their staff for a considerable period. In this episode of Employment Law Matters, Daniel Barnett looks at the complicated and fraught subject of paid annual leave. Thank you for listening and pleas...
Jul 23, 2019•9 min•Season 1Ep. 2
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 su...
Jul 23, 2019•8 min•Season 1Ep. 2
Daniel Barnett is an employment law barrister with 25 years experience at Outer Temple Chambers. He's seen everything employers do wrong and wants to share all that knowledge with you in handy bitesize instalments over the course of this exciting and informative new podcast, Employment Law Matters. 🎁 FREE STUFF Employment law updates – www.danielbarnett.com My YouTube channel - www.youtubelegal.co.uk Ask a question - www.danielbarnett.com/podcastquestion 💎 PRODUCTS, MEMBERSHIPS AND COURSES Joi...
Jul 16, 2019•3 min
