Employment Law Matters

S3E5 - Views from a Regional Employment Judge (with REJ Wade)

21 Dec 2021

Contributed by Lukas

In this episode you'll learn:when you can expect new cases to be listed for hearinghow to help the tribunal help youa behind the scenes look at a...

S3E4 - What is a repudiatory breach?

14 Dec 2021

Contributed by Lukas

In this episode, you’ll learn:What sort of breach by an employer is classified as repudiatory?What have tribunals to amount to a breach of trust and...

S3E3 - Age Discrimination (with Naomi Ling)

07 Dec 2021

Contributed by Lukas

 In this episode you'll learn:how something which appears age discriminatory can – and can’t – be justified how tribunals approach the co...

S3E2 - Menopause (with Amanda Steadman)

30 Nov 2021

Contributed by Lukas

In this episode you'll learn:why is the menopause a workplace issue?why celebrities are now speaking publicly about itwhat legal protections do m...

S3E1 - What is a Reasonable Adjustment?

23 Nov 2021

Contributed by Lukas

In this episode, you'll learn:when employers need to make reasonable adjustmentsexamples of common adjustments that can be madefour top tips for ...

S3E0 - Season 3 Coming Soon - here's what's in it...

05 Nov 2021

Contributed by Lukas

Season 3 launches on 23 November 2021..  You'll learn about:menopause in the workplaceage discriminationa day in the life of a Regional Employme...

S2E13 - Dismissal for refusing vaccination: fair or unfair?

02 Sep 2021

Contributed by Lukas

Will a dismissal for refusing vaccination be fair or unfair?This is an extract from the Employment Report 2021 - go.danielbarnett.com/2021This episode...

S2E12 - Dismissing pregnant women who refuse vaccination

30 Aug 2021

Contributed by Lukas

If an employer dismisses a pregnant or breastfeeding woman who refuses to get vaccinated, will that amount to discrimination?Employment Report 2021 - ...

S2E11 - Is there an obligation to Furlough?

24 Aug 2021

Contributed by Lukas

Is there an obligation to furlough employees, rather than make them redundant?  Will a dismissal be unfair if an employer fails to consider furlough?...

S2E10 - Whistleblowing: What is 'Public Interest'?

27 Jul 2021

Contributed by Lukas

When can a complaint raised by an employee reasonably be considered to be in the 'public interest'?  That can make the difference over whet...

S2E9 - Holiday Pay (with Andrew Allen QC)

20 Jul 2021

Contributed by Lukas

Ever had a question about holiday pay?  In this episode, Andrew Allen QC explains all the tricky issues surrounding the law on holiday pay. Follow An...

S2E8 - Employment Tribunal Decisions

13 Jul 2021

Contributed by Lukas

Since 2017, all employment tribunal judgments have been published online by the government.  But there’s a growing concern that publication of judg...

S2E7 - Eight Tips to win an Employment Tribunal

06 Jul 2021

Contributed by Lukas

Michael Reed gives his eight top tips for winning an employment tribunal, including:knowing the legal test;cross examination tips; and,understanding w...

S2E6 - Gig Economy Workers

29 Jun 2021

Contributed by Lukas

In this episode, I read out a chapter from my new book on Employment Status, covering gig economy workers in the light of the Supreme Court decision i...

S2E5 - Grievances (an interview with Darren Newman)

22 Jun 2021

Contributed by Lukas

In this episode, you'll learn:why you don't necessarily need to deal with a grievancewhat to do if witnesses are uncooperativedealing with g...

S2E4 - Q&A session

15 Jun 2021

Contributed by Lukas

I run a membership community for HR Professionals -  https://hrinnercircle.co.uk/.  Every few weeks we hold a live Q&A session, and I (or a gues...

S2E3 - An interview with Michael Rubenstein

08 Jun 2021

Contributed by Lukas

I'm joined by Michael Rubenstein, the editor of the Industrial Relations Law Reports and one of the UK's leading commentators on employment ...

S2E2 - Employment Tribunal Procedure Q&A (with Jude Shepherd)

30 May 2021

Contributed by Lukas

I'm joined by Jude Shepherd from 42 Bedford Row. Jude answers a series of questions on employment tribunal procedure which she didn't have t...

S2E1 - Ten Misconceptions about Employment Tribunals (with Michael Salter)

25 May 2021

Contributed by Lukas

I'm joined by Michael Salter from 42 Bedford Row, to discuss common misconceptions about employment tribunals.   The microphones we recommend i...

S1E85 - End of Season One

17 Mar 2021

Contributed by Lukas

Rather than publishing weekly episodes, we're ending this season (after 85 episodes), and are switching to two seasons a year, of ten episodes ea...

S1E84 - Sex & Maternity Discrimination (with Gareth Brahams)

24 Feb 2021

Contributed by Lukas

Gareth Brahams of BDBF discusses sex & maternity discrimination.Links referred to in this episode:This is MeJodie's #OneMind campaign🎁 FRE...

S1E82 - Covid-19 in the Workplace (with Caspar Glyn)

19 Feb 2021

Contributed by Lukas

Caspar Glyn QC from Cloisters discusses Covid-19 issues in the workplace.🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My ...

S1E81 - Age Discrimination (with Deshpal Panesar QC)

17 Feb 2021

Contributed by Lukas

Deshpal Panesar QC from Old Square Chambers discusses age discrimination.🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My ...

S1E80 - Cross-Border Issues (with Sarah Crowther QC)

15 Feb 2021

Contributed by Lukas

Sarah Crowther QC from Outer Temple Chambers discusses cross-border and territorial jurisdiction in employment law.🎁 FREE STUFFEmployment law updat...

S1E79 - Disability Discrimination (with Karen Jackson)

11 Feb 2021

Contributed by Lukas

Karen Jackson from Didlaw discusses disability discrimination law.🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube...

S1E83 - Mental Health in the Workplace (with Jodie Hill)

10 Feb 2021

Contributed by Lukas

Jodie Hill, founder of Thrive Law, discussed mental health in the workplace.Links referred to in this episode:This is MeJodie's #OneMind campaign...

S1E78 - Health & Safety (with Gus Baker)

09 Feb 2021

Contributed by Lukas

Gus Baker from Outer Temple Chambers discusses Health & Safety issues in employment law.🎁 FREE STUFFEmployment law updates – www.danielbarnet...

S1E77 - My Review of 2020

29 Dec 2020

Contributed by Lukas

In this episode, LBC nighttime presenter Clive Bull interviews me on what life was like for an employment lawyer during 2020.🎁 FREE STUFFEmployment...

S1E76 - Two Recent Discrimination Cases

09 Dec 2020

Contributed by Lukas

From this week, these podcasts become fortnightly, not weekly.  That's because I'm also now producing YouTube explainer videos on a whole r...

S1E75 - Unfair Dismissal: Three Recent Cases

01 Dec 2020

Contributed by Lukas

In this episode, you’ll learn:why you shouldn’t suspend employees as a knee-jerk reaction to misconductwhen you can dismiss someone who has been c...

S1E74 - Dress Codes Revisited

24 Nov 2020

Contributed by Lukas

In this episode, you’ll learn:Why City law firm Vardags are on the cusp of having an unlawfully discriminatory dress codeWhat the law says about dre...

S1E73 - Redundancy and the alternative trial work period

17 Nov 2020

Contributed by Lukas

Are employees always entitled to the four week trial period in redundancy alternative work situations?The four-week trial period that operates when an...

S1E72 - Unfair v Wrongful Dismissal

10 Nov 2020

Contributed by Lukas

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 qui...

S1E71 - Is your Employee Monitoring Unlawful?

03 Nov 2020

Contributed by Lukas

In this episode, I discuss monitoring employees' activities.  It's an extract from this month's audio seminar for members of the HR In...

S1E70 - Data Protection - New Guidance on SARs

29 Oct 2020

Contributed by Lukas

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 ‘...

S1E69 - Public Sector Exit Payments

19 Oct 2020

Contributed by Lukas

The Restriction of Public Sector Exit Payment Regulations 2020 aim to prevent public bodies from making excessive payouts to departing employees. They...

S1E68 - Changing Terms & Conditions after a TUPE Transfer

12 Oct 2020

Contributed by Lukas

One particularly fraught question in dealing with TUPE transfers is the extent to which employers and employees can agree to change the terms and cond...

S1E67 - The Menopause

05 Oct 2020

Contributed by Lukas

Employers are increasingly adapting to recognise the effects that the menopause can have on women and their working lives. It is more important now th...

S1E66 - Social Media Dismissals

21 Sep 2020

Contributed by Lukas

When can, and can’t, you dismiss an employee for social media misuse? In this episode, barrister Daniel Barnett discusses this topic briefly with P...

S1E65 - A Cornucopia of Miscellany

17 Sep 2020

Contributed by Lukas

London Central employment tribunal announces a member has staff has tested positive for Covid-19.The President of Employment Tribunals (England & ...

S1E64 - Can a Disciplinary Process be a 'Last Straw'?

08 Sep 2020

Contributed by Lukas

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’...

S1E63 - Dismissing without following Procedures

31 Aug 2020

Contributed by Lukas

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...

S1E62 - Age Discrimination

24 Aug 2020

Contributed by Lukas

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 l...

S1E61 - GDPR Two Years On - Part Two

17 Aug 2020

Contributed by Lukas

In this, the second of two consecutive episodes, Daniel Barnett of Outer Temple Chambers and Emma Erskine-Fox of TLT Solicitors (@emmafoxlaw) discuss ...

S1E60 - GDPR Two Years On - Part One

10 Aug 2020

Contributed by Lukas

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...

S1E59 - Part-Time Workers

22 Jul 2020

Contributed by Lukas

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 wh...

S1E58 - Unconscious Bias: My training story

11 Jul 2020

Contributed by Lukas

In this episode, Daniel Barnett explains why he’s doing unconscious bias trainingEveryone has biases and we can't get rid of them. So this is n...

S1E57 - Recent Unfair Dismissal Cases

06 Jul 2020

Contributed by Lukas

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 dis...

S1E56 - Defrauding the CJRS

18 Jun 2020

Contributed by Lukas

Are employers defrauding the Coronavirus Job Retention Scheme scheme, by claiming money back from HMRC for furloughed employees who are still working?...

S1E55 - Covid-19 and Anxiety in the Workplace

09 Jun 2020

Contributed by Lukas

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 P...

S1E54 - Why Verbal Warnings Annoy Me

09 Jun 2020

Contributed by Lukas

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 t...

S1E53 - Preparing for Homeworking

05 Jun 2020

Contributed by Lukas

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 au...

S1E52 - Imposing Changes to Terms and Conditions

27 May 2020

Contributed by Lukas

Are you introducing new policies or changing terms and conditions? Are you having difficulty getting an employee’s agreement to detrimental contract...

S1E51 - LBC Radio Q&A (broadcast live 13 May 2020)

15 May 2020

Contributed by Lukas

As the resident legal expert on LBC Radio, Daniel Barnett can be heard often answering questions on employment law and more general legal issues. Thi...

S1E50 - Getting Investigations Right

14 May 2020

Contributed by Lukas

Join Daniel Barnett and Jeremy Scott-Joynt discussing how to get investigations right.  They cover:-are investigations really that difficult? do you...

S1E49 - Notice Pay while on Furlough

27 Apr 2020

Contributed by Lukas

Employers are entitled to give notice of termination (whether on grounds of redundancy, or otherwise) to employees who are on furlough.  Salary payme...

S1E48 - Sneak preview: Whistleblowing

17 Apr 2020

Contributed by Lukas

Get a sneak preview of the employment webinar with Daniel Barnett and Andrew Allen QC, on whistleblowing.🎁 FREE STUFFEmployment law updates – www...

S1E47 - Sneak Preview: Employment Status

16 Apr 2020

Contributed by Lukas

🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube channel - www.youtubelegal.co.ukAsk a question - www.danielbarnet...

S1E46 - Sneak preview: Health & Safety Dismissals

15 Apr 2020

Contributed by Lukas

Download Gus Baker's paper on Health & Safety Dismissals.🎁 FREE STUFFEmployment law updates – www.danielbarnett.com       My YouTube...

S1E45 - Q&A

14 Apr 2020

Contributed by Lukas

We're taking a break from coronavirus.  Daniel asked people on twitter for a short, non-covid-19 employment law question.  He picked seven repl...

S1E44 - Furlough: Three Outstanding Issues

08 Apr 2020

Contributed by Lukas

In this episode, Daniel Barnett discusses three further issues around the Coronavirus Job Retention Scheme:-1.  When will the online portal open, and...

S1E43 - Furlough: Updated Guidance

04 Apr 2020

Contributed by Lukas

In this episode, Daniel Barnett discussed the updated guidance on the Coronavirus Job Retention Scheme issued overnight by the government on 4th April...

S1E42 - Coronavirus: LBC Radio Q&A

02 Apr 2020

Contributed by Lukas

A bonus episode:  Daniel Barnett features on 'Ask the Expert' on Iain Dale's LBC show on 1 April 2020.Listen to Daniel answering quest...

S1E41 - Coronavirus: Taking Annual Leave on Furlough

01 Apr 2020

Contributed by Lukas

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...

S1E40 - Handling Employee Bereavement

30 Mar 2020

Contributed by Lukas

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 mu...

S1E39A - Furlough Leave 2

27 Mar 2020

Contributed by Lukas

In this episode, Daniel Barnett discusses the announcements from the government on 26 March 2020:(a)  the government package for the self-employed(b)...

S1E39 - Employment Law Changes - April 2020

24 Mar 2020

Contributed by Lukas

IMPORTANT:  This episode was recorded *before* the coronavirus crisis.  In it, we say that the extension of IR35 to medium and large businesses in t...

S1E38B - National Broadcast on Employment Law

23 Mar 2020

Contributed by Lukas

In this bite-size episode, Daniel Barnett explains how to register for his forthcoming National Broadcast on Employment Law and Coronavirus🎁 FREE S...

S1E38A - Furlough Leave - Bonus Episode

21 Mar 2020

Contributed by Lukas

In this bonus episode, Daniel Barnett discusses the little we know about furlough leave, covering:what it iscan it be imposed?how much does the govern...

S1E38 - Sending Staff Home

17 Mar 2020

Contributed by Lukas

In this week's extended episode, Daniel Barnett discusses sending staff home.  You’ll learn: when you can insist staff work from homehow to h...

S1E37 - Coronavirus: an LBC Special

10 Mar 2020

Contributed by Lukas

This episode is a recorded version of Daniel Barnett's special LBC Radio programme on the legal implications in the workplace of coronavirus.  H...

S1E36 - Defending a Sex Harassment claim – Part 2

03 Mar 2020

Contributed by Lukas

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 ...

S1E35 - Coronavirus

28 Feb 2020

Contributed by Lukas

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 e...

S1E34 - Defending a Sex Harassment claim – Part 1

25 Feb 2020

Contributed by Lukas

Unless the employer has taken ‘all reasonable steps’ in advance to stop any sexual conduct from happening, an employer will be liable for one empl...

S1E33A - Policies 2020

24 Feb 2020

Contributed by Lukas

A bonus episode, with information about Daniel Barnett's HR Policies 2020.www.policies2020.comNever again face the problem of employees saying th...

S1E33 - Non Disclosure Agreements

18 Feb 2020

Contributed by Lukas

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 s...

S1E32 - Two Supreme Court Cases for 2020

11 Feb 2020

Contributed by Lukas

In this episode, Daniel Barnett predicts the outcome of the two big Supreme Court cases of 2020 in discussion with employment law speaker Darren Newma...

S1E31 - Flexible Working

04 Feb 2020

Contributed by Lukas

In the context of greater mental health awareness, and the increasing appetite for agile working, an employee’s ability to ask for reduced hours, ho...

S1E30 - Stress at Work

28 Jan 2020

Contributed by Lukas

Studies suggest that a little stress can actually do you good – it boosts focus and primes your body. However, prolonged stress, can become a proble...

S1E29 - Apprentices

21 Jan 2020

Contributed by Lukas

Apprenticeships can add significant value to a business. They play an important role in defining the future success of firms and professions as a whol...

S1E28 - Making an Occupational Health Referral

14 Jan 2020

Contributed by Lukas

An employee’s health might be affecting their ability to carry out their roles. Getting the most appropriate advice from an occupation health profes...

S1E27 - Constructive Dismissal

07 Jan 2020

Contributed by Lukas

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 ...

S1E26 - Performance Management

31 Dec 2019

Contributed by Lukas

If performance problems start to arise, how do we go about dealing with poor performance fairly? In any organisation, the people are the greatest cre...

S1E25 - Covert recording of meetings

24 Dec 2019

Contributed by Lukas

The advances in technology facilitates a relatively easy way of covertly recording meetings. So, would it be lawful to secretly record a meeting in th...

S1E24 - What to do if you receive a tribunal claim

17 Dec 2019

Contributed by Lukas

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, ...

S1E23 - Criminal records

10 Dec 2019

Contributed by Lukas

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 ...

S1E22 - Protecting an Employer's Reputation

03 Dec 2019

Contributed by Lukas

If you have been accused of something, it is critical to assess the problems that will arise - quickly and strategically. Those caught up in allegatio...

S1E21 - Dress codes

26 Nov 2019

Contributed by Lukas

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 belie...

S1E20A - Bonus: Quiz Results from Vegetarianism and Philopsophical Beliefs

22 Nov 2019

Contributed by Lukas

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 ag...

S1E20 - Vegetarianism and Philosophical Belief

19 Nov 2019

Contributed by Lukas

While most employers would be familiar with religious discrimination rights, the Equality Act 2010 goes beyond safeguarding employees' religious ...

S1E19 - Giving notice

12 Nov 2019

Contributed by Lukas

Sometimes there can be uncertainty  around notice periods – how long should they be? How much do you have to pay? Both parties must understand thei...

S1E18 - A couple of cases on harassment

05 Nov 2019

Contributed by Lukas

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’...

S1E17 - Disrupting Disciplinaries

29 Oct 2019

Contributed by Lukas

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 ...

S1E16 - Employees who go AWOL

21 Oct 2019

Contributed by Lukas

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 wor...

S1E15 - Without Prejudice and Professional Privilege

14 Oct 2019

Contributed by Lukas

Discover the two types of Privilege that applies in the employment setting.how to qualify for ‘without prejudice’ protectionwill an advice provide...

S1E14 - Two Recent Cases on TUPE

07 Oct 2019

Contributed by Lukas

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...

S1E13 - Predicted Brexit changes

30 Sep 2019

Contributed by Lukas

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 empl...

S1E12 - What, exactly, is 'Fair'?

24 Sep 2019

Contributed by Lukas

In this episode, you'll learn about the standard of 'reasonableness' in conduct and performance dismissal, including:-why you should ne...

S1E11 - Requests to Drop Sexual Harassment Allegations

16 Sep 2019

Contributed by Lukas

In this episode, employment barrister Daniel Barnett discusses what to do when an employee who has complained of sexual harassment decides she wants t...

S1E10 - When will Alternative Employment be 'Suitable'?

09 Sep 2019

Contributed by Lukas

This episode considers when alternative employment will and won’t be ‘suitable’ in a redundancy situation.  You'll learn:what is the duty ...