In episode 70 of Employment Law Matters, you’ll learn what the new Information Commissioner’s Office Guidance says about:- 1) What amounts to a ‘manifestly excessive’ SAR? 2) What is a ‘reasonable fee’ for complying with a manifestly excessive or unfounded SAR? 3) Stopping the clock when clarification of the SAR is required. Find the Guidance at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/ 🎁 FREE STUFF Employ...
Oct 29, 2020•12 min•Season 1Ep. 70
The Restriction of Public Sector Exit Payment Regulations 2020 aim to prevent public bodies from making excessive payouts to departing employees. They cap the amount of an exit payment at £95,000. That sounds like a generous enough redundancy package, but things are as ever a little more complicated than that. To discuss the detail I’m joined by employment lawyer and commentator Darren Newman who works closely with a variety of public sector employers – particularly local authorities. You'll lea...
Oct 19, 2020•17 min•Season 1Ep. 69
One particularly fraught question in dealing with TUPE transfers is the extent to which employers and employees can agree to change the terms and conditions of a transferring employee. Cases referred to: The Transfer of Undertakings (Protection of Employment) Regulations 2006, reg 4(4) Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S Regent Security Services Ltd v Power Ferguson v Astrea Asset Management Ltd Manchester College v Hazel Skills Development Scotland Co Ltd v Buchanan B...
Oct 12, 2020•12 min•Season 1Ep. 68
Employers are increasingly adapting to recognise the effects that the menopause can have on women and their working lives. It is more important now than ever with older workers expected to stay in work for longer. The menopause is a deeply personal issue, and it is unsurprising that many people prefer not to talk about it. But the landscape is changing. There are more available resources to encourage dialogue, and to help employers understand the challenges that the menopause poses. It is also i...
Oct 05, 2020•10 min•Season 1Ep. 67
When can, and can’t, you dismiss an employee for social media misuse? In this episode, barrister Daniel Barnett discusses this topic briefly with Professor Virginia Mantouvalou , Professor of Human Rights & Labour Law at UCL Faculty of Laws. He then explains the law on social media and dismissals, giving examples of various cases where dismissals have been held to be fair and unfair. 🎁 FREE STUFF Employment law updates – www.danielbarnett.com My YouTube channel - www.youtubelegal.co.uk Ask ...
Sep 21, 2020•18 min•Season 1Ep. 66
London Central employment tribunal announces a member has staff has tested positive for Covid-19. The President of Employment Tribunals (England & Wales), Judge Barry Clarke, issues three new guidance documents. First is the Presidential Practice Direction on the use of the Welsh Language . This reminds tribunals in Wales than any witness or participant who wishes to use Welsh rather than English is entitled to do so in tribunal proceedings. Second is the Presidential Practice Direction on r...
Sep 17, 2020•13 min•Season 1Ep. 65
In this short extract from Daniel Barnett’s new book on Constructive Dismissal , you’ll learn whether a dismissal process can be a ‘last straw’ to enable an employee to resign and claim constructive dismissal. 🎁 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.co...
Sep 08, 2020•8 min•Season 1Ep. 64
If an employee is dismissed without any procedure being followed , as a result of breakdown in relations between her and her manager, you'd expect that to be an unfair dismissal - right? In Linda Gallacher v Abellio Scotrail Limited the Employment Appeal Tribunal upheld a tribunal's decision that it was, in the unusual circumstances of the case, a fair dismissal. Listen to this episode to find out why. Check out https://marketing-and-building-your-employment-law-pra.teachable.com/p/marketing-and...
Aug 31, 2020•12 min•Season 1Ep. 63
Age discrimination is probably the protected characteristic which gets the least press, yet it’s the one we all share. In this episode, you’ll learn about:- The different types of age discrimination Justifying age discrimination The main exceptions to the laws against age discrimination Three years ago, I organised and led a closed-doors conference on How to Market and Boost your Employment Law Business . Within a small room, a team of myself and three world-class business speakers taught about ...
Aug 24, 2020•25 min•Season 1Ep. 62
In this, the second of two consecutive episodes, Daniel Barnett of Outer Temple Chambers and Emma Erskine-Fox of TLT Solicitors (@emmafoxlaw) discuss the GDPR, two years after it came into force. In this second part, you’ll learn: things employers need to search for definiting the search parameters dealing with requests for common names or initials redaction answers to ten questions tweeted in before recording the podcast 🎁 FREE STUFF Employment law updates – www.danielbarnett.com My YouTube ch...
Aug 17, 2020•32 min•Season 1Ep. 61
In this, the first of two episodes, Daniel Barnett of Outer Temple Chambers and Emma Erskine-Fox of TLT Solicitors (@emmafoxlaw) discuss the GDPR, two years after it came into force. In this first part, you’ll learn: the difference between the GDPR and the Data Protection Act 2018 what sort of prosecutions and fines have been issued in the last two years how long HR Professionals have to keep records for whether requests have to say they are data protection requests what to do with people who pu...
Aug 10, 2020•26 min•Season 1Ep. 60
More and more people in the UK are turning to part-time work. Employees working part time benefit from balancing work and personal commitments. But what does part-time work actually entail, and why should employers embark on implementing part-time working? In this episode, you’ll learn: What rights a part-time worker has What amounts to less favourable treatment Tips for implementing part-time working in your company Thank you for listening and please leave a review if you found this helpful. 🎁...
Jul 22, 2020•10 min•Season 1Ep. 59
In this episode, Daniel Barnett explains why he’s doing unconscious bias training Everyone has biases and we can't get rid of them. So this is not about being in the wrong. On the training session, Selwyn Blyth will raise your awareness of the (unintentional) impact of bias - and offer practical suggestions for how to minimise the negative impact at work. A lot of the learning comes from watching and interacting with scenes delivered by professional actors based on real-life workplace events. Yo...
Jul 11, 2020•8 min•Season 1Ep. 58
If you like this podcast, please send out this tweet – it helps grow the podcast and encourages us to keep going. In this episode, Daniel Barnett discusses three recent unfair dismissal cases:- 1. Harrison v Barking, Havering and Redbridge NHS Trust : suspension should not take place as a kneejerk reaction 2. Lafferty v Nuffield Health - whether you can dismiss an employee who has been charged, but not convicted, of a crime 3. Uddin v London Borough of Ealing - a case following on from Royal Mai...
Jul 06, 2020•12 min•Season 1Ep. 57
Are employers defrauding the Coronavirus Job Retention Scheme scheme, by claiming money back from HMRC for furloughed employees who are still working? You’ll hear: the extent of the problem how HMRC is likely to discover fraud what HMRC will do to reclaim the money Report fraud to HM Revenue & Customs - https://www.tax.service.gov.uk/shortforms/form/TEH_IRF?_ga=2.59277803.772004417.1592464880-2004048988.1584780955 🎁 FREE STUFF Employment law updates – www.danielbarnett.com My YouTube channe...
Jun 18, 2020•13 min•Season 1Ep. 56
What can employers do to help the workforce develop resilience and cope with anxiety in the workplace arising from Covid-19. Dr Kerry Davison from Psychology Associates joins Daniel Barnett to discuss:- why mental health is so important in the workplace right now how Covid-19 will have far-reaching implications how different people react differently top tips on what employers can do to help employees LINKS Dr Kerry Davison of Psychology Associates - https://www.psychologyassociates.org.uk/who-we...
Jun 09, 2020•8 min•Season 1Ep. 55
What do you get when you record a verbal warning in writing? A paradox, that’s what! In this light-hearted episode, Daniel Barnett reveals the things that really annoy him, and shares the result of his Twitter Poll on who even uses them any more. 🎁 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 Haras...
Jun 09, 2020•11 min•Season 1Ep. 54
Do you think your employees will want to work permanently from home in the future? This episode of Employment Law Matters is an exert from a recent audio seminar Daniel Barnett gave on homeworking, covering some of the preparations. In it, Daniel discussed: where and when the employee will be working trial periods furniture and equipment pay and benefits tax policies monitoring 🎁 FREE STUFF Employment law updates – www.danielbarnett.com My YouTube channel - www.youtubelegal.co.uk Ask a question...
Jun 05, 2020•16 min•Season 1Ep. 53
Are you introducing new policies or changing terms and conditions? Are you having difficulty getting an employee’s agreement to detrimental contractual changes? Daniel Barnett has just published a book on Changing Terms and Conditions, which is sent free to all members of HR Inner Circle or to anybody who orders HR Policies and Contracts ( www.policies2020.com ) Daniel reads a chapter of Changing Terms and Conditions, an accompanying book to the Policies 2020 Package. In this episode, you’ll lea...
May 27, 2020•17 min•Season 1Ep. 52
As the resident legal expert on LBC Radio, Daniel Barnett can be heard often answering questions on employment law and more general legal issues. This is a recording of a Q&A session on the Nick Ferrari Breakfast Show, broadcast live on 13 May 2020, the day before the Nick Ferrari's show won RAJAR accreditation as the most popular commercial radio breakfast show in the UK. Thank you for listening and please leave a review if you found this helpful. 🎁 FREE STUFF Employment law updates – www....
May 15, 2020•28 min•Season 1Ep. 51
Join Daniel Barnett and Jeremy Scott-Joynt discussing how to get investigations right. They cover:- are investigations really that difficult? do you really need one? what kind of risks are there if an investigation goes wrong? and end up playing 'top tips' ping-pong. LINKS: List of Independent HR Investigators Employee Investigations by Daniel Barnett (Kindle Store) About Jeremy Scott-Joynt 🎁 FREE STUFF Employment law updates – www.danielbarnett.com My YouTube channel - www.youtubelegal.co.uk A...
May 14, 2020•13 min•Season 1Ep. 50
Employers are entitled to give notice of termination (whether on grounds of redundancy, or otherwise) to employees who are on furlough. Salary payments made by the employer during furlough can still be reclaimed from HMRC (subject to the limits of the Coronavirus Job Retention Scheme), despite the employee working out notice. An unresolved issue is: if employees have agreed to accept 80% of their salary while on furlough, is their notice pay also paid at 80%, or does it revert by operation of la...
Apr 27, 2020•23 min•Season 1Ep. 49
Get a sneak preview of the employment webinar with Daniel Barnett and Andrew Allen QC, on whistleblowing. 🎁 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 The Virtual Employment Law Academy –...
Apr 17, 2020•8 min•Season 1Ep. 48
🎁 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 The Virtual Employment Law Academy – www.virtualemploymentlawacademy.com Ultimate Employment Law 2024 - https://danielbarnett.com/ultimate2024...
Apr 16, 2020•6 min•Season 1Ep. 47
Download Gus Baker's paper on Health & Safety Dismissals . 🎁 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 The Virtual Employment Law Academy – www.virtualemploymentlawacademy.com Ultima...
Apr 15, 2020•8 min•Season 1Ep. 46
We're taking a break from coronavirus. Daniel asked people on twitter for a short, non-covid-19 employment law question. He picked seven replies and answered them, including:- What's the law about taking time off for doctor, dentist and other appointments? Would an employer be liable for an employee’s racist remark on Facebook? How long must employers delay a disciplinary hearing if a trade union representative is unavailable? Can you compel someone as a witness in an employment tribunal? 🎁 FRE...
Apr 14, 2020•14 min•Season 1Ep. 45
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/2 Tweet from HMRC Customer Support...
Apr 08, 2020•18 min•Season 1Ep. 44
In this episode, Daniel Barnett discussed the updated guidance on the Coronavirus Job Retention Scheme issued overnight by the government on 4th April 2020. KEY LINKS The updated scheme - https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme Daniel Barnett's view on TUPE transfers and the scheme - https://twitter.com/daniel_barnett/status/1244233083941007360 Daniel Barnett's view on annual leave and the scheme - https://www.outertemple.com/2020/04/furlough...
Apr 04, 2020•22 min•Season 1Ep. 43
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. 🎁 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://danielbarn...
Apr 02, 2020•42 min•Season 1Ep. 42
In this episode, Daniel Barnett discusses:- 1. Can an Employee be on Furlough and Annual Leave at the same time? 2. Can Employers require employees to take their holiday leave during furlough? 3. Is Holiday Pay when on Furlough based on 80% or 100%? And does it include Commission and Bonuses? IMPORTANT: This podcast episode deals with a wholly unclear area of law. It represents the speaker's views, but you rely on them at your own risk. If you want specific advice, please contact Outer Temple Ch...
Apr 01, 2020•21 min•Season 1Ep. 41
