Employment Law Matters

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 w...

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 questi...

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,...

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 he...

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 t...

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...

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...

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 sha...

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 w...

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 prote...

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 sm...

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 Bar...

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 grievan...

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 resigne...

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...

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 persona...

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.h...

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 s...

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 i...

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 alterna...

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 futur...

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....

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 abo...

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 comm...

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...