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Employment Law Matters

Business & Economics Podcasts

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.

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.

Location:

United Kingdom

Description:

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.

Language:

English


Episodes

077 My Review of 2020

12/29/2020
In this episode, LBC nighttime presenter Clive Bull interviews me on what life was like for an employment lawyer during 2020. Subscribe to Daniel Barnett’s YouTube Channel Listen to Daniel Barnett on LBC, the UK’s largest commercial talk radio station. Join him every Saturday from 9pm for the LBC Legal Hour. Listen live on FM 97.3, DAB radio, online at lbc.co.uk or via the Global Player App. Listen to his latest show using the Global Catchup Player. See all Daniel Barnett’s books...

Duration:00:20:14

076 Two Recent Discrimination Cases

12/9/2020
From this week, these podcasts become fortnightly, not weekly. That's because I'm also now producing YouTube explainer videos on a whole range of legal topics. Subscribe at www.youtube.com/c/danielbarnettlaw. In this episode, you’ll learn:- Heskett CASES AND LINKS REFERRED TO http://www.hrinnercircle.co.uk Heskett v Secretary of State for Justice Sullivan v Bury Street Capital Ltd Subscribe to Daniel Barnett’s YouTube Channel Listen to Daniel Barnett on LBC, the UK’s largest...

Duration:00:09:42

075 Unfair Dismissal: Three Recent Cases

11/30/2020
In this episode, you’ll learn:- · why you shouldn’t suspend employees as a knee-jerk reaction to misconduct · when you can dismiss someone who has been convicted of a crime · when the knowledge of one manager can be attributed to the employer, for unfair dismissal purposes. CASES AND LINKS REFERRED TO http://www.hrinnercircle.co.uk Harrison v Barking, Havering and Redbridge NHS Trust Lafferty v Nuffield Health Royal Mail v Jhuti Uddin v London Borough of Ealing Subscribe to...

Duration:00:12:22

074 Dress Codes Revisited

11/23/2020
In this episode, you’ll learn:- · Why City law firm Vardags are on the cusp of having an unlawfully discriminatory dress code · What the law says about dress codes · Five top tips for introducing a dress code CASES AND LINKS REFERRED TO http://www.hrinnercircle.co.uk Smith v Safeway plc [1996] IRLR 456 Department of Work and Pensions v Thompson UKEAT/0254/03 Subscribe to Daniel Barnett’s YouTube Channel Listen to Daniel Barnett on LBC, the UK’s largest commercial talk radio...

Duration:00:06:35

073 Redundancy and the alternative trial work period

11/16/2020
Are employees always entitled to the four week trial period in redundancy alternative work situations? The four-week trial period that operates when an employee is offered alternative work in a redundancy exercise is well-known. But it is also widely misunderstood. The reality is that in most cases where an employee at risk of redundancy is offered alternative work, the trial period will not apply. In that case employers will have to think very carefully about what happens if the new role...

Duration:00:10:49

072 Unfair v Wrongful Dismissal

11/10/2020
In episode 72 of Employment Law Matters, you’ll learn about the differences between a wrongful dismissal and an unfair dismissal claim. It is a quirk of UK employment law that there are two separate and distinct claims that can be brought (leaving aside any issue of discrimination) in challenging a dismissal. Unfair dismissal is a claim created by statute — currently found in Part X of the Employment Rights Act 1996. Wrongful dismissal is a contractual claim where the employee alleges...

Duration:00:12:53

071 Is your Employee Monitoring Unlawful?

11/3/2020
In this episode, I discuss monitoring employees' activities. It's an extract from this month's audio seminar for members of the HR Inner Circle (www.hrinnercircle.co.uk), the UK's leading membership club for smart, ambitious HR Professionals. Subscribe to Daniel Barnett's new YouTube channel. Listen to Daniel Barnett on LBC, the UK’s largest commercial talk radio station. Join him every Saturday from 9pm for the LBC Legal Hour. Listen live on FM 97.3, DAB radio, online at lbc.co.uk or via...

Duration:00:11:33

070 Data Protection - New Guidance on SARs

10/29/2020
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/ Listen to...

Duration:00:11:56

069 Public Sector Exit Payments

10/19/2020
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...

Duration:00:16:49

068 Changing Terms & Conditions after a TUPE Transfer

10/12/2020
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...

Duration:00:11:50

067 The Menopause

10/5/2020
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...

Duration:00:09:35

066 Social Media Dismissals

9/21/2020
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. ==== Listen to Daniel Barnett on LBC, the UK’s largest commercial talk radio station. Join him every...

Duration:00:17:55

065 A Cornucopia of Miscellany

9/16/2020
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...

Duration:00:12:49

064 Can a Disciplinary Process be a 'Last Straw'?

9/8/2020
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. See all Daniel Barnett’s books here. 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...

Duration:00:07:36

063 Dismissing without following Procedures

8/31/2020
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...

Duration:00:11:42

062 Age Discrimination

8/24/2020
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...

Duration:00:24:12

061 GDPR Two Years On - Part Two

8/17/2020
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 Get high-level access to barrister Daniel...

Duration:00:31:24

060 GDPR Two Years On - Part One

8/10/2020
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...

Duration:00:25:37

059 Part-Time Workers

7/22/2020
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: 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...

Duration:00:09:23

058 Unconscious Bias: My training story

7/11/2020
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 explains why he’s doing unconscious bias training Join him on 31 July 2020 at bit.ly/bias2020 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...

Duration:00:07:23