Employment Law Matters

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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.

Daniel Barnett


    • Sep 1, 2026 LATEST EPISODE
    • weekly NEW EPISODES
    • 21m AVG DURATION
    • 241 EPISODES


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    Latest episodes from Employment Law Matters

    264 January 2027 has already started

    Play Episode Listen Later Sep 1, 2026 11:00


    Employment Law MasterClass - www.danielbarnett.com/masterclassCode of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026, SI 2026/880: https://www.legislation.gov.uk/uksi/2026/880/madeElectronic and workplace balloting: code of practice: https://www.gov.uk/government/publications/electronic-and-workplace-balloting-code-of-practiceMake Work Pay: revised tipping code of practice (closes 11:59pm, 29 September 2026): https://www.gov.uk/government/publications/electronic-and-workplace-balloting-code-of-practiceGeeks Ltd v Watts [2026] EWCA Civ 889 (ICLR): https://www.iclr.co.uk/document/2026006110/2026ewcaciv889_TNA/html

    263 Gratuitous Consultation

    Play Episode Listen Later Aug 26, 2026 8:09


    MasterClass tour 2026: www.danielbarnett.com/masterclassRevised tipping code of practice: https://www.gov.uk/government/consultations/make-work-pay-revised-tipping-code-of-practiceGOV.UK, Electronic and workplace balloting: code of practice (in force 25 August 2026): https://www.gov.uk/government/publications/electronic-and-workplace-balloting-code-of-practice

    262 Deadlines, Delivery Plans and Data Cars

    Play Episode Listen Later Aug 18, 2026 10:30


    It's now just three weeks until the first Work in Progress session of my autumn MasterClass tour, in St Albans. Newcastle is completely sold out. Birmingham and Bristol sold out too, so we've secured bigger rooms in both venues, and even those are already over eighty percent full. Southampton and Edinburgh are filling up fast, and there's still plenty of room in Cardiff, Leeds and Manchester. I've also added a third London date, and if you can't make it to your nearest city, there's a live virtual MasterClass on 13 October. All the details are at danielbarnett.com/masterclassAway from work, this week I've seen Cats at the Regent's Park Open Air Theatre, which is far superior to the many disappointing productions you may have endured over the years, and certainly to the film. I also saw Death Note The Musical at the Barbican, based on the manga about a notebook dropped to earth by the gods, which gives the man who finds it the power to kill anyone whose name he writes in it. I loved it far more than I expected to. It's pretty much sold out, but I'd put money on a West End run within the next year or two.The Employment Rights Act UpdateThe biggest development this week concerns zero hours contracts, and I'll keep it short because the message is simple. On Wednesday, the Government added more than three hundred pages of new material to its zero hours consultation: options assessments on guaranteed hours, reasonable notice of shifts and short-notice cancellation payments, plus two research papers. The consultation closes at midnight on 25 August, ten days after I'm recording this. So if you want to influence the most operationally complicated part of the whole Act, this is your last chance. The detail that jumped out at me is confirmation that agency workers will get broadly the same rights as directly engaged staff. And here's what employers are most likely to get wrong: assuming this doesn't apply to them because they don't use zero hours contracts. The regime will catch low hours workers too, with the qualifying threshold anywhere between eight and forty-eight hours a week still up for grabs, and it reaches agency arrangements. If you use casual, bank or agency staff, audit those arrangements now, and get a consultation response in before the deadline.Second, the Fair Work Agency published its first delivery plan on Monday, covering 2026 to 2027. Nothing in it creates a new legal obligation, but it tells you where enforcement is heading. The Agency's first-year priorities include building its intelligence and data capability, and, according to early reports, developing digital compliance tools: a payslip explainer, a holiday pay calculator, and possibly a smartphone app letting workers check their payslips. National Minimum Wage officers transfer from HMRC into the Agency in April 2027, and holiday pay enforcement is expected to begin in 2027. Here's the practical point. The duty to keep six years of holiday records has been in force since April. When holiday pay enforcement starts, those records are the first thing an inspector will ask for, so if yours are patchy, fix that now rather than in 2027.And a quick diary note: from a week on Tuesday, 25 August, trade unions can run electronic and workplace ballots for statutory ballots, including industrial action ballots, where the relevant parties agree.On commentary, two pieces worth your time this week. Lewis Silkin's note on the Supreme Court's part-time workers decision, which we'll come to in a moment, makes the key practical point crisply: the battleground now shifts from causation to objective justification. And Personnel Today has a useful analysis of what the new zero hours options assessments mean for agency workers, and for the businesses that hire them.Employment Law Case of the WeekThis week it's Augustine v Data Cars in the Supreme Court. Mr Augustine was a part-time private hire driver averaging around thirty-five hours a week, while his chosen comparator worked full time, averaging over ninety. Data Cars charged every driver the same fixed weekly fee for access to its booking system, whatever their hours, so Mr Augustine paid more per hour to drive than his comparator did.The Supreme Court allowed his appeal, holding that a worker's part-time status need only be an effective cause of less favourable treatment; it does not have to be the sole cause. The Government deliberately chose not to copy the stricter wording of the European framework, which protected workers treated less favourably solely because they work part time, and it had the power to go further. The existence of other causes may be relevant to justification or to compensation, but it doesn't stop the right arising.My take: this is an important decision, because it's the Supreme Court settling years of conflicting authority. But it's a technical causation point, and for ninety percent of you listening, it will never make a practical difference. The lesson, if you do treat part-timers differently for any reason, is that your defence now lives or dies on objective justification.Zero hours consultation (documents added 12 August; closes 25 August 2026): https://www.gov.uk/government/consultations/make-work-pay-ending-one-sided-flexibility-reforms-of-zero-hours-and-similar-contractsFair Work Agency delivery plan 2026 to 2027 (published 10 August 2026, confirmed via DBT publications page): https://www.gov.uk/government/organisations/department-for-business-innovation-science-and-tradeAugustine v Data Cars judgment: https://supremecourt.uk/uploads/uksc_2025_0122_judgment_f8eb0f1fbd.pdfLewis Silkin, “Supreme Court rules on part-time discrimination” (13 August): https://www.lewissilkin.com/insights/2026/08/13/supreme-court-rules-on-part-time-discriminationPersonnel Today, “Agency workers' inclusion in zero hours reform adds to state of flux”: https://www.personneltoday.com/hr/agency-workers-inclusion-in-zero-hours-reform-adds-to-state-of-flux/

    261 The Biggest Rewrite Since 2009

    Play Episode Listen Later Aug 10, 2026 10:39


    Daniel returns from two weeks at sea to a double edition covering the biggest shake-up in workplace procedures for a generation: the draft new Acas Code of Practice on Disciplinary and Grievance Procedures, the first full rewrite since 2009. Informal resolution, new letter requirements, a necessity test for suspension, and worker terminology throughout. Plus electronic balloting for union votes arriving on 25 August, key consultation deadlines, and an unexpected encounter with Elaine Paige.Links:Acas consultation: https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-disciplinary-grievance-2026MasterClass: www.danielbarnett.com/masterclassAsk a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion

    260 The sword that kills you…

    Play Episode Listen Later Jul 27, 2026 9:50


    MasterClass booking: https://danielbarnett.com/masterclassLewis Silkin, “What's in the Employment Rights Act?” (21 July 2026): https://www.lewissilkin.com/insights/2026/07/21/whats-in-the-employment-rights-actHerbert Smith Freehills Kramer, “UK: new consultations on enforcement of statutory holiday rights and workplace monitoring” (22 July 2026): https://www.hsfkramer.com/notes/employment/2026-posts/uk-consultations-statutory-holiday-enforcement-wmtAsk a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion

    259 When the harasser is your biggest client

    Play Episode Listen Later Jul 27, 2026 11:12


    MasterClass booking: https://danielbarnett.com/masterclassTimeline document: https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act/plan-to-make-work-pay-and-employment-rights-act-timeline-updateSlaughter and May, Employment Bulletin July 2026: https://www.slaughterandmay.com/insights/new-insights/employment-bulletin-july-2026/Lewis Silkin, “What's in the Employment Rights Act?” tracker (updated 10 July 2026): https://www.lewissilkin.com/en/insights/2026/07/10/whats-in-the-employment-rights-actGeeks Limited v Watts [2026] EWCA Civ 889: https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/889

    258 The Countdown to 30 October…

    Play Episode Listen Later Jul 13, 2026 10:35


    Daniel Barnett's Employment Law MasterClass - https://www.danielbarnett.com/masterclass SI 2026/756, Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026: https://www.legislation.gov.uk/uksi/2026/756/contents/made (commencement confirmed at reg 1: https://www.legislation.gov.uk/uksi/2026/756/regulation/1/made)SI 2026/758, Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026: https://www.legislation.gov.uk/uksi/2026/758/contents/made (transitional rules: https://www.legislation.gov.uk/uksi/2026/758/note/made)SI 2026/759, Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026: https://www.legislation.gov.uk/uksi/2026/759/contents/madeAccess Code of Practice consultation page: https://www.gov.uk/government/consultations/make-work-pay-draft-code-of-practice-on-trade-union-right-of-accessDLA Piper, “Employment Rights Act: Preparing for change - Government publishes responses to consultations on trade union access rights and recognition procedure”: https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2026/employment-rights-act-preparing-for-change-government-publishes-responses-to-consultations-on-trade-union-access-rights-and-recognition-procedureNorton Rose Fulbright, Global Workplace Insider, “Trade Unions' Right of Access to Workplaces: Government Consultation Response and Draft Legislation”: https://www.globalworkplaceinsider.com/2026/07/trade-unions-right-of-access-to-workplaces-government-consultation-response-and-draft-legislation/Darren Newman, Range of Reasonable Responses: https://rangeofreasonableresponses.com/

    257 Holiday, Tipping, Time Limits & Legal Officers

    Play Episode Listen Later Jul 6, 2026 10:26


    Written Ministerial Statement HCWS158, “Implementing the Employment Rights Act: June 2026 Update”, 30 June 2026: commonsbusiness.parliament.uk/Document/106462/Pdf?subType=StandardConsultation: Make Work Pay: holiday pay compliance and enforcement (opened 30 June 2026, closes 22 September 2026): gov.uk/government/consultations/make-work-pay-holiday-pay-compliance-and-enforcementGovernment response: Make Work Pay: strengthening the law on tipping (published 29 June 2026): gov.uk/government/consultations/make-work-pay-strengthening-the-law-on-tippingDraft revised Code of Practice on fair and transparent distribution of tips: gov.uk/government/publications/distributing-tips-fairly-revised-statutory-code-of-practiceDraft Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026: legislation.gov.uk/ukdsi/2026/9780348282832Young v Royal Mail Group Ltd [2026] EAT 93 (HHJ Beard, handed down 29 June 2026): assets.publishing.service.gov.uk/media/6a423d1a5b6406df58c13f13/Mr_M_Young_v_Royal_Mail_Group_Ltd__2026__EAT_93.pdf

    256 Data, data everywhere

    Play Episode Listen Later Jun 29, 2026 8:03


    Data (Use and Access) Act 2025: https://www.legislation.gov.uk/ukpga/2025/18/contentsICO guidance, How to deal with data protection complaints: https://ico.org.uk/for-organisations/how-to-deal-with-data-protection-complaints/Travers Smith, Get ready for the new data protection complaints handling rules: https://www.traverssmith.com/knowledge/knowledge-container/get-ready-for-the-new-data-protection-complaints-handling-rules/Littler, UK Data Protection Update, the new “Right to Complain”: https://www.littler.com/news-analysis/asap/uk-data-protection-update-new-right-complainDraft Regulations on electronic and workplace balloting: https://www.legislation.gov.uk/ukdsi/2026/9780348284584/contentsMasterClass:Autumn 2026 Masterclass tour: https://danielbarnett.com/masterclassAutumn 2026 MasterClass £50 preview tickets: https://guestli.st/818653

    255 You didn't know this about unfair dismissal

    Play Episode Listen Later Jun 22, 2026 10:00


    Tribunal Statistics Quarterly, January to March 2026 (MoJ, 11 June 2026): https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2026/tribunal-statistics-quarterly-january-to-march-2026Darren Newman, “Is the government serious about guaranteed hours?” (Range of Reasonable Responses, 2 June 2026): https://rangeofreasonableresponses.com/2026/06/02/is-the-government-serious-about-guaranteed-hours/Employment Law Masterclass 2026: https://danielbarnett.com/masterclass

    254 Zero Hours Consultation

    Play Episode Listen Later Jun 8, 2026 10:46


    The Bureau of Investigative Journalism report https://www.thebureauinvestigates.com/stories/2026-05-12/national-disgrace-workers-taking-bosses-to-court-forced-to-wait-until-2030Personnel Today, “Employers respond to King's Speech 2026” https://www.personneltoday.com/hr/kings-speech-employers-respond-cipd-cbi-commentary/REC response to the King's Speech 2026 https://www.rec.uk.com/our-view/policy-and-campaigns/government-and-campaigns/rec-responds-kings-speech-2026-government-must-step-gas-realise-growth-agendaPersonnel Today, “Prison officers warn of ‘grotesque' lawsuit for right to strike” (Rob Moss, 12 May 2026): https://www.personneltoday.com/hr/prison-officers-warn-of-grotesque-lawsuit-for-right-to-strike/Travers Smith, “Employment Update May 2026” (15 May 2026): https://www.traverssmith.com/knowledge/knowledge-container/employment-update-may-2026/Womble Bond Dickinson, “What's new in employment law: May 2026": https://www.womblebonddickinson.com/uk/insights/articles-and-briefings/whats-new-employment-law-may-2026Clifton Diocese v Parker [2026] EAT 68, judgment PDF: https://assets.publishing.service.gov.uk/media/6a01a7f82a6137e93226b945/Clifton_Diocese_v_Miss_Janet_Parker__2026__EAT_68.pdf

    253 The Protected Conversation Myth

    Play Episode Listen Later Jun 1, 2026 9:45


    Masterclass tour 2026: https://danielbarnett.com/masterclassHR Inner Circle: https://danielbarnett.com/hr-inner-circle/Misuse of NDAs consultation (closes 8 July 2026): https://www.gov.uk/government/consultations/make-work-pay-misuse-of-non-disclosure-agreements-ndasLewis Silkin, Government consults on collective redundancy thresholds: https://www.lewissilkin.com/insights/2026/02/27/government-consults-on-collective-redundancy-thresholdsMishcon de Reya, Employment Rights Act Hub: https://www.mishcon.com/employment-rights-act-hubTarbuc v Martello Piling Ltd [2026] EAT 58 https://www.gov.uk/employment-appeal-tribunal-decisions/mr-l-tarbuc-v-martello-piling-ltd-2026-eat-58

    252 Two weeks - no excuses

    Play Episode Listen Later May 26, 2026 10:38


    Daniel's MasterClass Tour (Autumn 2026): www.danielbarnett.com/masterclassFair Work Agency contact page (helpline update, 22 May 2026): https://www.gov.uk/guidance/contact-the-fair-work-agencyWork and Pensions Committee Disability at Work proposal — People Management, 22 May 2026: https://www.peoplemanagement.co.uk/article/1959113/employers-face-two-week-deadline-disabled-workers-adjustment-requestsFit notes pilot scheme — Personnel Today, 20 May 2026: https://www.personneltoday.com/hr/government-to-pilot-new-approach-to-fix-broken-fit-note-system/EHRC services code laid before Parliament — Personnel Today, 21 May 2026: https://www.personneltoday.com/hr/ehrc-updated-code-of-practice-laid-before-parliament/

    251 Hello, 2030 tribunals

    Play Episode Listen Later May 18, 2026 11:52


    The Bureau of Investigative Journalism report https://www.thebureauinvestigates.com/stories/2026-05-12/national-disgrace-workers-taking-bosses-to-court-forced-to-wait-until-2030Personnel Today, “Employers respond to King's Speech 2026” https://www.personneltoday.com/hr/kings-speech-employers-respond-cipd-cbi-commentary/REC response to the King's Speech 2026 https://www.rec.uk.com/our-view/policy-and-campaigns/government-and-campaigns/rec-responds-kings-speech-2026-government-must-step-gas-realise-growth-agendaPersonnel Today, “Prison officers warn of ‘grotesque' lawsuit for right to strike” (Rob Moss, 12 May 2026): https://www.personneltoday.com/hr/prison-officers-warn-of-grotesque-lawsuit-for-right-to-strike/Travers Smith, “Employment Update May 2026” (15 May 2026): https://www.traverssmith.com/knowledge/knowledge-container/employment-update-may-2026/Womble Bond Dickinson, “What's new in employment law: May 2026": https://www.womblebonddickinson.com/uk/insights/articles-and-briefings/whats-new-employment-law-may-2026Clifton Diocese v Parker [2026] EAT 68, judgment PDF: https://assets.publishing.service.gov.uk/media/6a01a7f82a6137e93226b945/Clifton_Diocese_v_Miss_Janet_Parker__2026__EAT_68.pdfAsk a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion

    250 Not much happened this week

    Play Episode Listen Later May 11, 2026 8:17


    Lewis Silkin “How will the Employment Rights Act 2025 impact M&A?” https://www.lewissilkin.com/insights/2026/05/07/how-will-the-employment-rights-act-2025-impact-maLinklaters “New rules on the way for NDAs relating to discrimination and harassment”  https://www.linklaters.com/insights/blogs/employmentlinks/2026/april/new-rules-on-the-way-for-ndas-relating-to-discrimination-and-harassment

    248 Employment Tribunal Statistics

    Play Episode Listen Later Apr 20, 2026 10:00


    Tribunal User Group Meeting Minutes: https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-tribunal/employment-tribunal-england-wales/national-user-group/Lewis Silkin, Employment Rights Act timeline: https://www.lewissilkin.com/en/insights/2026/04/15/employment-rights-act-timelineCollyer Bristow, Key Changes in Force from 6 April 2026: https://collyerbristow.com/shorter-reads/employment-rights-act-2025-key-changes-in-force-from-6-april-2026-a-practical-summary-for-employers/Mishcon de Reya, Adam Turner quoted in Personnel Today, Five ways to get ready for April law changes: https://www.personneltoday.com/hr/april-employment-law-changes/

    247 Trade Union Access

    Play Episode Listen Later Apr 13, 2026 10:06


    Join Daniel Barnett's Employment Rights Act Update Service www.danielbarnett.com/employmentrightsactBackhouse Jones, “Trade Union Workplace Access Code consultation now open” (9 April 2026):https://backhousejones.co.uk/trade-union-workplace-access-code-consultation-now-open-have-your-say/Lewis Silkin, “What's in the Employment Rights Act?” (updated March 2026):https://www.lewissilkin.com/en/insights/2026/03/11/whats-in-the-employment-rights-actMishcon de Reya ERA Hub:https://www.mishcon.com/employment-rights-act-hub

    246 It's this week…

    Play Episode Listen Later Apr 7, 2026 9:06


    Law firm articles:- Baker McKenzie, “United Kingdom: April 2026 Increases to Statutory Payments and New Rights”: https://www.bakermckenzie.com/en/insight/publications/2026/04/united-kingdom-april-2026-increases-to-statutory-payments-and-new-rights- Bird & Bird, “UK Employment Rights Act 2025: What's new from April 2026": https://www.twobirds.com/en/insights/2026/uk/uk-employment-rights-act-2025--whats-new-from-april-2026- Lewis Silkin, “In the middle of implementing collective redundancies? Beware of ambiguity over which penalties might apply”: https://www.lewissilkin.com/en/insights/2026/03/25/in-the-middle-of-implementing-collective-redundancies-beware-of-ambiguity-over-which-penalties- DLA Piper, “Employment Rights Act: Preparing for change: April changes coming into force”: https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2026/employment-rights-act-preparing-for-change-april-changes-coming-into-forceCase:Kankanalapalli v Loesche Energy Systems Ltd [2026] EAT 49

    245 Sneaky record-keeping for holiday pay

    Play Episode Listen Later Mar 30, 2026 7:07


    Daniel Barnett's Employment Rights Act Service: https://www.danielbarnett.com/employmentrightsactSI 2026/323 — ERA 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026: https://www.legislation.gov.uk/uksi/2026/323/contents/madeLewis Silkin ERA 2025 tracker (updated 24 March 2026): https://www.lewissilkin.com/insights/2026/03/24/whats-in-the-employment-rights-actBaker McKenzie ERA 2025 Summary and Next Steps (March 2026): https://www.bakermckenzie.com/en/insight/publications/2026/03/united-kingdom-employment-rights-act-2025-summary-and-next-steps

    244 Compensation Limits and Third Party Harassment

    Play Episode Listen Later Mar 23, 2026 7:07


    ERA Update Service: www.danielbarnett.com/employmentrightsactThis Week's TopicsEmployment tribunal compensation limits increase – The Employment Rights (Increase of Limits) Order 2026 raises the maximum compensatory award for unfair dismissal from £118,223 to £123,543 and the weekly pay limit from £719 to £751, effective 6 April 20266 April 2026 changes countdown – Protective award doubling, day-one paternity and parental leave, SSP reform, sexual harassment as a qualifying disclosure, voluntary equality action plans, and Fair Work Agency launch on 7 AprilConsultation deadlines approaching – Fire and rehire, recognition code/e-balloting, and tipping (1 April); industrial action detriments (23 April); flexible working (30 April); agency work framework (1 May); collective redundancy threshold (21 May)Third-party harassment – Extract from our ERA Update Service session with Darren Newman on the practical impact of third-party harassment provisionsLaw firm articles:Mishcon de Reya — “The full treatment: employment law reform and its impact on the beauty and wellness sectors”: https://www.mishcon.com/news/the-full-treatment-employment-law-reform-and-its-impact-on-the-beauty-and-wellness-sectorsLewis Silkin — “What's in the Employment Rights Act?“: https://www.lewissilkin.com/insights/2026/03/11/whats-in-the-employment-rights-actDLA Piper — “New harassment measures expand protections for employees”: https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2026/new-harassment-measures-expand-protections-for-employees

    243 ERA Revenue Toolkit

    Play Episode Listen Later Mar 16, 2026 10:01


    Key Links:ERA 2025 Revenue Toolkit: https://toolkit.danielbarnett.comERA Update Service: www.danielbarnett.com/employmentrightsactHR Inner Circle: www.hrinnercircle.co.ukGovernment sources:FWA Investigatory Powers SI debate (10 March 2026): https://www.parallelparliament.co.uk/debate/2026-03-10/commons/general-committees/draft-employment-rights-act-2025-investigatory-powers-consequential-amendments-regulations-2026Consultation — trade union duties and activities (closes 17 March 2026): https://www.acas.org.uk/employment-rights-act-2025Law firm commentary:Lewis Silkin — “New government guidance on equality action plans published” (13 March 2026): https://www.lewissilkin.com/en/insights/2026/03/13/new-government-guidance-on-equality-actions-plans-publishedMishcon de Reya — ERA 2025 video briefing, Will Winch (12 March 2026): https://www.mishcon.com/news/tv/employment-rights-act

    242 Statutory Sick Pay + Revenue Opportunities

    Play Episode Listen Later Mar 9, 2026 9:29


    Gender pay gap and menopause action plans announcement: https://www.gov.uk/government/news/government-launches-landmark-gender-pay-gap-and-menopause-action-plans-to-help-women-thrive-at-workEmployer guidance (creating action plans): https://www.gov.uk/government/publications/creating-an-action-plan-guidance-for-employersERA 2025 factsheets (updated 3 March 2026): https://www.gov.uk/government/publications/employment-rights-bill-factsheetsOpen consultations:Acas — trade union duties and activities (closes 17 March 2026): https://www.acas.org.uk/employment-rights-act-2025Collective redundancy threshold, fire and rehire, e-balloting, flexible working, tipping — via: https://www.gov.uk/government/collections/make-work-payLaw firm articles:DLA Piper — gender pay gap and menopause guidance: https://knowledge.dlapiper.com/dlapiperknowledge/globalemploymentlatestdevelopments/2026/government-launches-gender-pay-gap-and-menopause-reformsBaker McKenzie — ERA 2025 Summary and Next Steps: https://www.bakermckenzie.com/en/insight/publications/2026/03/united-kingdom-employment-rights-act-2025-summary-and-next-stepsCase of the week: https://www.bailii.org/uk/cases/UKEAT/2026/36.html

    241 Collective Redundancy Consultation

    Play Episode Listen Later Mar 2, 2026 8:30


    The government published two new ERA 2025 consultations this week. The first - and most significant - seeks views on a new organisation-wide threshold for collective redundancy consultation, with proposed trigger points ranging from 250 to 1,000 redundancies depending on the method chosen. The second consults on protecting workers from detriment for taking part in industrial action.ConsultationsCollective redundancy threshold consultation: https://www.gov.uk/government/consultations/make-work-pay-threshold-for-triggering-collective-redundancy-obligationsIndustrial action detriment protection consultation: https://www.gov.uk/government/consultations/make-work-pay-protection-from-detriments-for-taking-industrial-actionLaw firm articles:Moore Barlow - Employment Rights Act 2025 Timeline - https://www.moorebarlow.com/blog/employment-rights-act-era-2025-timeline/CIPD - UK employment law changes in February 2026 - https://www.cipd.org/uk/views-and-insights/thought-leadership/insight/employment-law-changes-february-2026/Osborne Clarke - https://www.osborneclarke.com/

    213 And the Act goes live...

    Play Episode Listen Later Feb 23, 2026 9:12


    A weekly update on what's happening with the Employment Rights Act 2025. Visit www.danielbarnett.com/employmentrightsact for more details.Got a question about the Employment Rights Act 2025? Ask Daniel here - www.danielbarnett.com/eraquestion

    212 A Quiet Week

    Play Episode Listen Later Feb 16, 2026 9:03


    A weekly update on what's happening with the Employment Rights Act 2025. Visit www.danielbarnett.com/employmentrightsact for more details.Got a question about the Employment Rights Act 2025? Ask Daniel here - www.danielbarnett.com/eraquestion

    211 Employment Rights Act Update

    Play Episode Listen Later Feb 9, 2026 11:48


    A weekly update on what's happening with the Employment Rights Act 2025. Visit www.danielbarnett.com/employmentrightsact for more details.

    Breaking - Unfair Dismissal Compensation Cap

    Play Episode Listen Later Dec 9, 2025 26:12


    In this episode, Daniel Barnett considers the impact for employers and lawyers on the proposed removal of the cap for the unfair dismissal compensatory award.Important: this episode was recorded before the government's amendments were considered by the House of Lords, so the content may become out of date if the House of Lords rejects the Commons' amendments to the Employment Rights Bill.

    Where does HR earn its money? [bonus episode]

    Play Episode Listen Later Nov 18, 2025 6:52


    In this bonus episode, I discuss the grey areas between law and fairness in the world of HR and employment law.

    Will Artificial Intelligence replace HR? [bonus episode]

    Play Episode Listen Later Nov 6, 2025 8:28


    S9E14 - Bonus - Virtual Employment Law Academy lowdown

    Play Episode Listen Later Oct 28, 2025 19:37


    In this bonus episode, I tell you about the Virtual Employment Law Academy, which launches in January 2025.

    S10 E13 - Dismissals for absence, and yet more on witness familiarisation

    Play Episode Listen Later Sep 8, 2025 40:51


    This episode contains:Nadia Montraghi discussing dismissals for absenceGillian Howard's 60 second top tipMichael Salter on witness familiarisation (part three)This podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    S10 E12 - Director's duties, plus more on witness familiarisation

    Play Episode Listen Later Sep 1, 2025 35:23


    This episode contains:Daniel Tatton-Brown KC discussing director's dutiesZain Malek's 60 second top tipMichael Salter on witness familiarisation (part two)This podcast is supported by HR Inner Circle and didlaw Employment Lawyers.

    S10 E11 - Recruitment and witness familiarisation

    Play Episode Listen Later Aug 25, 2025 39:21


    This episode contains:Eleena Misra discussing recruitmentNancy Prest's 60 second top tipMichael Salter on Witness Familiarisation (part one)This podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    S10 E10 - Employment tribunal procedure, and more tricky redundancy issues

    Play Episode Listen Later Aug 18, 2025 39:28


    This episode contains:Jude Shepherd discussing employment tribunal procedureMarc Jones' 60 second top tipDavid Reade on tricky redundancy issues (part two)This podcast is supported by HR Inner Circle and didlaw Employment Lawyers.

    S10 E09 - Setting goals, dismissing problem employees, and tricky redundancy issues

    Play Episode Listen Later Aug 11, 2025 40:41


    This episode contains:Bob Regnerus discussing setting - or not setting - goalsDaniel Barnett on dismissing problem employeesDavid Reade on tricky redundancy Issues (part one)This podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    S10 E08 - Constructive Dismissal, why we sabotage ourselves, and more GDPR

    Play Episode Listen Later Aug 4, 2025 41:15


    This episode contains:Sean Jones KC discussing Constructive DismissalBob Regnerus on Why we Sabotage OurselvesDaniel Barnett on GDPR (part two)This podcast is supported by HR Inner Circle and didlaw Employment Lawyers.

    S10 E07 - More employee privacy & GDPR

    Play Episode Listen Later Jul 28, 2025 39:32


    This episode contains:Jeremy Scott Joynt discussing employee privacy60 second top tip from Susi O'BrienDaniel Barnett on GDPRThis podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    S10 E06 - Employee privacy, workplace burnout & resilience, and a day in the life of a trade union lawyer

    Play Episode Listen Later Jul 21, 2025 41:12


    This episode contains:Jeremy Scott Joynt discussing employee privacy (part 1)Dr Andrew Greenland on workplace burnout and resilience (part 2)Daniel Barnett discussing if an employer can restrict holiday from being taken during a fixed-term contractShantha David on a day in the life of a trade union lawyer (part 2)This podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    SE10 E05 - Acas Early Conciliation, Workplace Burnout and Resilience (part 1), and A Day in the Life of a Trade Union Lawyer (part 1)

    Play Episode Listen Later Jul 14, 2025 38:51


    This episode contains:Andrew Short KC discussing Acas early conciliationDr Andrew Greenland on workplace burnout and resilience (part 1)Shantha David on a day in the life of a trade union lawyer (part 1)This podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    SE10 E04 - Grievances (part 2) and Criminal Record checks (part 2)

    Play Episode Listen Later Jul 7, 2025 40:06


    This episode contains:Darren Newman discussing grievances (part 2)60 second top tip by Pat McNameeDaniel Barnett on criminal record checks (part 2)This podcast is supported by didlaw Employment Lawyers and Daniel Barnett's Employment Rights Bill update service.

    S10 E03 - Grievances (part1), Criminal Record Checks (part 1), Dealing with Employee theft and fraud, and Holiday Pay and Reducing Hours

    Play Episode Listen Later Jun 30, 2025 38:45


    This episode contains:Darren Newman discussing grievances (part 1)Daniel Barnett on criminal record checks (part 1)Daniel Barnett on dealing with employee theft and fraudDaniel Barnett on holiday pay and reducing HoursThis podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    S10 E02 - Tricky Compensation Issues, What a Barristers' Clerk does (part 2) and Part Year Workers

    Play Episode Listen Later Jun 23, 2025 39:09


    This episode contains:Gavin Mansfield KC on tricky compensation issuesDaniel Barnett on part year workers60 second top tip by Audrey LudwigNick Levett on what a barristers' clerk does (part 2)This podcast is supported by didlaw Employment Lawyers and Daniel Barnett's Employment Rights Bill update service.

    S10 E01 - Changing Terms & Conditions, What a Barristers' Clerk Does (part 1) and Victimisation

    Play Episode Listen Later Jun 16, 2025 40:29


    This episode contains:Lydia Seymour discussing changing terms and conditionsNick Levett on what a barristers' clerk does (part 1)Daniel Barnett on victimisationThis podcast is supported by didlaw Employment Lawyers and HR Inner Circle.

    Bonus Episode: Employee Mental Health Issues - How to Help

    Play Episode Listen Later Apr 24, 2025 12:57


    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.

    Bonus Episode: Neonatal Leave

    Play Episode Listen Later Apr 4, 2025 9:28


    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.

    Replay - Top 5 SOSR dismissals

    Play Episode Listen Later Mar 18, 2025 12:42


    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.

    Bonus episode: Higgs v Farmor's School

    Play Episode Listen Later Feb 18, 2025 8:07


    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.

    Replay - Why Verbal Warnings Annoy me

    Play Episode Listen Later Feb 18, 2025 11:13


    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.

    S9E12 - Tribunal Bundles

    Play Episode Listen Later Jan 14, 2025 61:50


    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/

    S9E11 - Problem Employees

    Play Episode Listen Later Jan 7, 2025 29:49


    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.

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