Losing someone you love is never easy. It is important to ensure that you allow employees an appropriate amount of time off work to grieve. But how much time off is permitted? What can employers do to ease the effects of bereavement? In this episode, you’ll learn: the old legal framework the new statutory right to time off for bereavement helping with the effects of bereavement return to work discrimination Are you involved in a complex, high value or high profile employment dispute? Contact ada...
Mar 30, 2020•14 min•Season 1Ep. 40
In this episode, Daniel Barnett discusses the announcements from the government on 26 March 2020: (a) the government package for the self-employed (b) the guidance on the job retention scheme. The original documents are at: https://www.gov.uk/guidance/claim-a-grant-through-the-coronavirus-covid-19-self-employment-income-support-scheme https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme Subscribe to Employment Law Matters at www.danielbarnett.co.uk/podcas...
Mar 27, 2020•16 min•Season 1Ep. 39
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 Leave Thank you for listening and please l...
Mar 24, 2020•15 min•Season 1Ep. 39
In this bite-size episode, Daniel Barnett explains how to register for his forthcoming National Broadcast on Employment Law and Coronavirus 🎁 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 Join the HR Inner Circle – www.hrinnercircle.co.uk Harassment Pack - https://danielbarnett.com/harassment/ HR Platinum Policy Package 2024 – www.polices2024.com Th...
Mar 23, 2020•3 min•Season 1Ep. 38
In this bonus episode, Daniel Barnett discusses the little we know about furlough leave, covering: what it is can it be imposed? how much does the government pay? need the employer top up to 100%? can employees put themselves on furlough leave? is the system capable of abuse? 🎁 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 Join the HR Inner Circle –...
Mar 21, 2020•12 min•Season 1Ep. 38
In this week's extended episode, Daniel Barnett discusses sending staff home. You’ll learn: when you can insist staff work from home how to handle adaptations and expenses laying off staff, guarantee payments and deemed redundancy possible emergency changes to the law on lay-off collective redundancy consultation and special circumstances Download Daniel's Homeworking Policy for free. On Friday 13 March, Daniel hosted a two hour online meeting, answering questions from over 100 HR Professionals ...
Mar 17, 2020•26 min•Season 1Ep. 38
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 photog...
Mar 10, 2020•46 min•Season 1Ep. 37
In this episode, you will learn nine strategies for preparing a harassment case for tribunal. What should be done when sexual harassment occurs in the workplace? An employer seeking to minimise liability arising from claims of sexual harassment can follow these steps to address sexual harassment if it arises in the workplace. An employer can insulate itself from becoming the next newsworthy headline – firstly, by having a good investigator. Pick the right person for the job - here’s a list of in...
Mar 03, 2020•15 min•Season 1Ep. 36
It's reported this week that Baker McKenzie has closed down its London office for fear of one of its employees having coronavirus. In this bonus episode, you'll learn: what to do with employees who don't want to come into work what your obligations are if an employee self-isolates or quarantines what if someone suddenly becomes unwell at work top tips, and things to do now. Are you involved in a complex, high value or high profile employment dispute? Contact adam.macdonald@outertemple.com to fin...
Feb 28, 2020•12 min•Season 1Ep. 35
Unless the employer has taken ‘all reasonable steps’ in advance to stop any sexual conduct from happening, an employer will be liable for one employee’s harassment of another. Tribunals can be reluctant to allow an employer to escape liability because it leaves the employee without any meaningful recourse. The question then is, how do you demonstrate ‘all reasonable steps’? In this episode, you will learn about the employers’ statutory defence and what reasonable steps you should be taking as an...
Feb 25, 2020•11 min•Season 1Ep. 34
A bonus episode, with information about Daniel Barnett's HR Policies 2020. www.policies2020.com Never again face the problem of employees saying they don't understand a policy , or managers not following them . Most HR policies are far too long. They've been assembled from a template designed to cover every situation, or have been added to again and again over the years until they're a mess. We've selected the key twenty policies that every business needs and re-imagined them, stripping them dow...
Feb 24, 2020•20 min•Season 1Ep. 33
If the parties are going to settle a case then they both need to be confident that the matter has indeed been settled and will not be resurrected in some other form. Non disclosure agreements allow the employer and worker to resolve a dispute confidentially without going to a tribunal or court. Almost any settlement will include a confidentiality clause. In this episode, you’ll learn: the pros and cons of NDA’s when an NDA is enforceable, and when it’s not how to maximise the chance of enforceab...
Feb 18, 2020•10 min•Season 1Ep. 33
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 B...
Feb 11, 2020•26 min•Season 1Ep. 32
In the context of greater mental health awareness, and the increasing appetite for agile working, an employee’s ability to ask for reduced hours, home working, or even simply a later start to their working day can be significant. In this episode, you’ll learn: who is eligible to apply for flexible working? what a flexible working request should look like? what your next steps should be? Want free employment law updates by email? Subscribe now to Daniel Barnett’s email bulletins at http://www.dan...
Feb 04, 2020•15 min•Season 1Ep. 31
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...
Jan 28, 2020•12 min•Season 1Ep. 30
Apprenticeships can add significant value to a business. They play an important role in defining the future success of firms and professions as a whole. Apprenticeships have changed over the years. An employer now has more flexibility to make sure that apprenticeships are not only relevant to business needs but expands the way new talent is recruited and nurtured. Whether you have not employed an apprentice before or count yourself as an apprenticeship veteran, Daniel Barnett offers guidance to ...
Jan 21, 2020•12 min•Season 1Ep. 29
An employee’s health might be affecting their ability to carry out their roles. Getting the most appropriate advice from an occupation health professional will greatly help a manager resolve this situation. To get the best value from a referral, the manager should be able to ask clear and relevant questions. In this episode, Daniel Barnett offers practical guidance and shares the do’s and don’ts when making referrals. In this episode, you’ll learn: what sort of questions you should ask the OH pr...
Jan 14, 2020•14 min•Season 1Ep. 28
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 ‘fi...
Jan 07, 2020•11 min•Season 1Ep. 27
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 issue...
Dec 31, 2019•16 min•Season 1Ep. 26
The advances in technology facilitates a relatively easy way of covertly recording meetings. So, would it be lawful to secretly record a meeting in the workplace on a smart phone (or any other device)? Typically, with respect to meetings involving the disciplining of an employee, can an employee or employer rely on covert recordings in employment tribunal proceedings? Daniel Barnett shares some helpful observations and guidance on covert recordings of meetings. P.S. If you record most meetings a...
Dec 24, 2019•13 min•Season 1Ep. 25
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 i...
Dec 17, 2019•12 min•Season 1Ep. 24
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 bec...
Dec 10, 2019•10 min•Season 1Ep. 23
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 STUFF Employment law updates ...
Dec 03, 2019•11 min•Season 1Ep. 22
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 acce...
Nov 26, 2019•11 min•Season 1Ep. 21
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 c...
Nov 22, 2019•3 min•Season 1Ep. 20
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 y...
Nov 19, 2019•10 min•Season 1Ep. 20
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 ...
Nov 12, 2019•14 min•Season 1Ep. 19
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 vic...
Nov 05, 2019•9 min•Season 1Ep. 18
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 ...
Oct 29, 2019•12 min•Season 1Ep. 17
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 hand...
Oct 21, 2019•11 min•Season 1Ep. 16
