Employment Law Matters

This bonus podcast episode, being an extract from an audio seminar produced for members of the HR Inner Circle, discusses how employers can help employees dealing with mental health issues.

Neonatal leave in the UK is a new statutory right introduced under the Neonatal Care (Leave and Pay) Act 2023. It came into force on 6 April 2025.This bonus podcast episode is a short extract from a Q&A session for members of the HR Inner Circle, a few days before the new right came into force, when I explain the new law.

This is a replay version of an episode originally published in July 2019.  Please note that any law discussed in the episode may be out of date.SOSR is like a classic car. It can work well but only in the right conditions. An employer must have a fair reason to dismiss an employee.When other avenues are exhausted, employers can sort to SOSR - which stands for ‘some other substantial reason'. Rather unhelpfully, there is no definition or guidance about its meaning. It must be 'substantial', which can include anything that is not frivolous or insignificant.In this episode of Employment Law Matters, Daniel Barnett talks about the top five SOSR dismissals and why lawyers use that phrase, and looks at in which situations the use of SOSR can prove most useful.

The Court of Appeal has just handed down the important decision of Higgs v Farmor's School, dealing with the circumstances when an employer can (or cannot) dismiss an employee for expressing gender critical views.  I recorded a 45 minute discussion about the ramifications of this case for employers, exclusively for members of the HR Inner Circle.  Here are the first few minutes of that recording for podcast listeners.

This is a replay version of an episode originally published in June 2020. Please note that any law discussed in the episode may be out of date.What do you get when you record a verbal warning in writing?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.

In this episode, I talk about putting together employment tribunal bundles with barrister Naomi Cunningham.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.Naomi's article - https://www.legalfeminist.org.uk/2023/03/18/ten-easy-steps-to-the-perfect-hearing-bundle/

In this episode, I read a chapter from my recent book 'Dismissing Problem Employees'. You can find out more about it at www.danielbarnett.com.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I answer your HR and employment law questions. This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I share my top tips on how to handle employee resignations from an employer's point of view.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I discuss TUPE. This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I discuss how HR can build its business credibility with David Millner, an experienced consulting practitioner. This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I discuss managing career breaks. You'll learn: The benefits of offering career breaks in the workplaceHow to avoid discrimination when managing career breaksHow to plan an employee's return from a career breakThis podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers. 

In this episode, I will be interviewing Jason Cooney, the founder and director of TSAKS Consulting. This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, you'll learn about:Whether menopause meets the legal definition of disabilityKey cases in this areaMy top tipsThis podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I'll be discussing shareholder disputes with Robin Somerville.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this bonus episode, I interview Claire Armstrong from the Equality and Human Rights Commission (https://www.equalityhumanrights.com/) about the ECHR's updated technical guidance on sexual harassment at work.Clare is a solicitor in the Equality and Human Rights Commission's Litigation and Advisory team. She was the lead drafter for the Commission's updated technical guidance on harassment at work and was involved in the Commission's work related to the Worker Protection Act 2023 during the parliamentary processThis podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode, I share my thoughts on the new duty to prevent sexual harassment in the workplace coming into force on 26 October 2024.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this episode I interview Stefan Cross, an equal pay lawyer who issued, and settled or won, hundreds of thousands of equal pay claims against local authoritiesThis podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

In this bonus episode, recorded just hours after the government published the Employment Rights Bill, I give my immediate reaction to the Bill and discuss:1. Unfair Dismissal as a ‘Right from Day One' policy2. Ending Fire and Rehire3. Ending ‘exploitative' zero hours contracts:4. Protection from Third Party Sexual Harassment5. Flexible working6. Paternity, Parental and Bereavement Leave7. Enhanced protection for pregnancy and new mothers8. Statutory Sick Pay9. Gender Pay Gap / Menopause:10. Collective Redundancy Consultation11. Written Statement of Particulars of EmploymentRegister NOW for a half day deep-dive into the Employment Rights Bill at www.danielbarnett.com/newbill.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.

This is a replay version of an episode originally published in January 2020. Please note that any law discussed in the episode may be out of date.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 practitioner? when to make an OH referral? what you should do if an employee is reluctant or refusing to attend an occupational health examination? what should you expect from an occupational health report?

This is a replay version of an episode originally published in January 2022. Please note that any law discussed in the episode may be out of date.In this episode, you'll learn how to prepare for and run a case management hearing in the employment tribunal, including:-Why you should follow Isaac Asimov's three laws of roboticsThe unknown knownsHow to be a hero in front of the judge.Daniel discusses the topic with Michael Salter from 42 Bedford Row.This podcast  is supported by Watson Ramsbotton Solicitors and by Cover Clinic, and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals)

This is a replay version of an episode originally published in June 2022. Please note that any law discussed in the episode may be out of date.In this episode, you'll learn how to be a good witness in an employment tribunal, including:-what is your job as a witness?should you prepare in advance?how to answer questions during cross-examinationDaniel discusses the topic with Sean Jones KC from 11KBW.This podcast  is supported by Hunter Law and by FeMan Consulting, and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).

In this episode, I announce the prize winners.www.danielbarnett.com/podcastreviewsCongratulations Enka77 on winning the first prize - a place on the Virtual Employment Law Academy www.virtualemploymentlawacademy.com Congratulations to the winners of the second prize, a copy of my Employment Law Handbook - www.employmentlawhandbook.co.uk:James W MossJacqueresOhheyamyAsknoquestionsHRM1550Mike ClyneThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.

In this episode, you'll learn my top seven tips for managing employee expenses.  This podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle. Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

Season 9 will launch in the autumn. Please send any suggestions to podcast@danielbarnett.co.uk.If you are interested in sponsoring Season 9, please head over to www.danielbarnett.com/sponsorpodcast for further details. Leave a  podcast review before 11 June 2024 to be entered into the prize draw, announced 21 June 2024. Full details of the competition at www.danielbarnett.com/podcastreviews.This podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode Daniel discusses Amending Tribunal Claims with Nathaniel Caiden from Cloisters.  You'll learn…What the law is on amending a claim form, and the relevant of tribunal time limitsWhether the Presidential Guidance on time limits is arguably wrongWhat you should be focusing on when either making, or resisting, an application to amend a tribunal Claim Form.This podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle. Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode, you'll learn: When employer's can insist on random drug and alcohol testing for employeesWhat to do if someone turns up to work smelling of alcoholWhy you can't automatically dismiss if an employee fails a drug or alcohol testThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle. Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode, you'll learn about: The current protections at work The Labour Party proposed ‘right to switch off', set out in their Green Paper, ‘New deal for working people'My ten top tips for employersThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle. Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

Send us a text message - we don't see your phone numberIn this episode Daniel discusses Agency workers with Naomi Ling from Outer Temple Chambers.  You'll learn about…The difference between agency workers and fixed-term workersThe impact of Brexit on agency worker regulationsThe day one rights and week 12 rights for agency workersThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle. Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode, you'll learn: Direct discrimination on grounds of age Associative age discrimination Stereotyping This podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode Daniel discusses How to Protect Your Business from Departing Employees  with Gus Baker from Outer Temple Chambers.  You'll learn…What you should think about when drafting PTRsHow the rise of remote working has impacted on restrictive covenantsWhat to do first when you discover an ex-employee has breached their covenantsThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode, you'll learn all about how to handle a 'he said, she said' situation.This podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode, Daniel discusses Unfair Dismissal pitfalls with Andrew Allen from Outer Temple Chambers. You'll learn...Why the perfect conduct investigation doesn't need to be perfectWhat the first thing you should do is if an employee threatens litigation; and,Why you shouldn't stinge on holiday pay termination paymentsThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

In this episode, you'll learn: The new rules on flexible workingThe national minimum wage changes Changes to redundancy protection for employeesThis podcast is supported by Occupational Health Assessment Ltd,  Policies 2024 and by the HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews

This podcast is supported by Policies 2024 and by HR Inner Circle.

In this bonus episode recorded on 6 March 2024, before season 8 kicks off, we discuss today's judgment from the Employment Appeal Tribunal in Omooba v Michael Garrett Associates, involving a religious Christian actress with anti-gay views who was dismissed from her job as the lead role, playing a lesbian, in The Colour Purple.Link to full JudgmentIf you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, the following topics will be discussed:The four different types of malingeringThe early signs of malingering and how to look out for themMalingering to avoid a disciplinary hearingThis podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, the following topics will be discussed:Being clear on when maternity leave endsTaking care with changes to rolesManaging flexible working requestsThis podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, the following topics will be discussed:Victim blamingThe employer's defencePreparing cases for tribunalThis podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, the final part of the three part series, you will learn about TUPE, including:managing TUPE redundancieschanging terms and conditionsThis podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at www.hrsecretstour.com

Learn all about TUPE with Daniel Barnett in this three part series. This is part two.This podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).If you're an HR Professional, come and join me at  www.hrsecretstour.com

This podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).If you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, you'll learn about zero hours contracts, including:-·       employment status and zero hours contracts·       the legal rights of zero hours staff ·       annual leave and holiday pay calculationsThis podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).If you're an HR Professional, come and join me at  www.hrsecretstour.com

In this episode, you'll learn all about criminal offences arising from social media misuse. This podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, you'll learn about holiday pay, including:-·       how much paid annual leave workers get·       calculating holiday pay ·      Harpur Trust v Brazel This podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at  www.hrsecretstour.com

In this episode, you'll learn about:ambiguous v unambiguous wordswas there a dismissal or resignation?when might the dismissal be fairThis podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at  www.hrsecretstour.com

This podcast  is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).If you're an HR Professional, come and join me at www.hrsecretstour.com

In this episode, you'll learn about performance dismissals, including:-do warnings impact a performance management process?benefits and pitfalls of settlement agreements for underperforming employees when can you move straight to dismissal for poor performance? Daniel discusses the topic with Saul Margo from Outer Temple Chambers.This podcast  is supported by rradar and by Breedon Consulting and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).

In this episode, you'll learn about health and safety at work, including:-What duties do employers have to look after an employee's health and safetyDoes the duty extend to mental health?Is there a legal requirement to carry out a risk assessment for a pregnant person?Daniel discusses the topic with Gus Baker from Outer Temple Chambers.This podcast  is supported by rradar and by Breedon Consulting and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).

In this episode, you'll learn about disability discrimination, including:-Considerations when an employee is absent with work-related stress or anxietyHow a discrimination arising from disability claim works when there are multiple disabilitiesThe balancing act between making reasonable adjustments and performance management Daniel discusses the topic with Karen Jackson from didlaw.This podcast  is supported by rradar and by Breedon Consulting and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).