Podcast
Employment Law Matters
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.
- Episodes
- 247
- Releases
- Weekly
- Typical length
- 11 min
- On air since
- 2019
- Latest episode
- 1 day ago
Episodes
247 episodes, newest first
-
9 min
274 When HR becomes personally liable for a dismissal
Season 11, Episode 274
Show notes
🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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14 min
273 A New Dismissal Test for Pregnant Employees
Season 11, Episode 273
Show notes
• Getting Redundancy Right: https://danielbarnett.com/gettingredundancyright
• Harassment Pack 2026: https://danielbarnett.com/harassment🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/
• Getting Redundancy Right: https://danielbarnett.com/gettingredundancyright
• Harassment Pack 2026: https://danielbarnett.com/harassment🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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12 min
272 Bogus self-employment, and Ramphal revisited
Season 11, Episode 272
Show notes
• Getting Redundancy Right: https://danielbarnett.com/gettingredundancyright
• Harassment Pack 2026: https://danielbarnett.com/harassment
• Consultation document (PDF): https://assets.publishing.service.gov.uk/media/6acf51882de3184ccf8b80b5/employment-status-reform-and-protections-for-the-self-employed.pdf
• Herbert Smith Freehills Kramer summary: https://www.hsfkramer.com/notes/employment/2026-posts/uk-employment-status-consultation
• Neurodiversity report: https://www.gov.uk/government/publications/expert-academic-panel-on-neurodiversity-final-report-and-recommendations/expert-academic-panel-on-neurodiversity-final-report-and-recommendations
• Shing v University of the Arts London [2026] EAT 154: https://caselaw.nationalarchives.gov.uk/eat/2026/154🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/
• Getting Redundancy Right: https://danielbarnett.com/gettingredundancyright
• Harassment Pack 2026: https://danielbarnett.com/harassment🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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13 min
271 Getting Redundancy Right
Season 11, Episode 271
Show notes
Getting Redundancy Right - http://www.danielbarnett.com/gettingredundancyright
HR Inner Circle - http://www.hrinnercircle.co.uk/🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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12 min
270 Burnham Takes Aim at Non-Competes
Season 11, Episode 270
Show notes
Getting Redundancy Right - http://www.danielbarnett.com/gettingredundancyright
HR Inner Circle - http://www.hrinnercircle.co.uk/
SI 2026/1065: https://www.legislation.gov.uk/uksi/2026/1065/made
Darren Newman - https://rangeofreasonableresponses.com/2026/10/09/tackling-bogus-self-employment/🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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10 min
269 Three Becomes Six
Season 11, Episode 269
Show notes
Employment Law MasterClass - http://www.danielbarnett.com/masterclass
Right to join a union - https://assets.publishing.service.gov.uk/media/6ab39b77fe72ed1e2b02ef02/government-response-make-work-pay-duty-to-inform-workers-of-their-right-to-join-a-trade-union.pdf
Acas flexible working consultation -https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-flexible-working-requests-2026
🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
268 Delay and Detail for the Duty to Inform
Season 11, Episode 268
Show notes
Daniel Barnett’s Employment Law MasterClass - http://www.danielbarnett.com/masterclass
Duty to inform consultation outcome - Full response PDF (27 pages): https://assets.publishing.service.gov.uk/media/6ab39b77fe72ed1e2b02ef02/government-response-make-work-pay-duty-to-inform-workers-of-their-right-to-join-a-trade-union.pdf
Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
267 New Flexible Working Rules Finally Take Shape
Season 11, Episode 267
Show notes
Daniel Barnett’s Employment Law MasterClass - http://www.danielbarnett.com/masterclass
Flexible working consultation response - https://assets.publishing.service.gov.uk/media/6aa94e08086ce7c57b8184cb/flexible-working-consultation-response.pdf
NSL v Bean - https://assets.publishing.service.gov.uk/media/6aa950ad2f29b388848184ef/NSL_Ltd_v_Mr_Dean_Bean__2026__EAT_132.pdf
🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
266 Tribunals Can’t Cope
Season 11, Episode 266
Show notes
Employment Law MasterClass: http://www.danielbarnett.com/masterclass
Tribunal statistics: https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-april-to-june-2026/tribunal-statistics-quarterly-april-to-june-2026
Next Retail v Thandi: https://assets.publishing.service.gov.uk/media/6a9add70f5b35599aec19258/1__Next_Retail_Ltd_2__Next_Distribution_Ltd_v_Miss_M_Thandi_and_others__2026__EAT_130.pdf
🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
265 B&Q named and shamed - who’s next?
Season 11, Episode 265
Show notes
Employment Law MasterClass - http://www.danielbarnett.com/masterclass
Minimum wage naming and shaming - NMW naming round 24 press release, DBIST and Fair Work Agency, 3 September 2026: https://www.gov.uk/government/news/short-changing-staff-isnt-a-shortcut-to-success-nearly-660-employers-announced-as-failing-to-pay-the-minimum-wage
Kristensen v Portman Healthcare Ltd [2026] EAT 127 - https://assets.publishing.service.gov.uk/media/6a993ef23b22fb169dc19148/Mr_B_Kristensen_v_Portman_Healthcare_Ltd__2026__EAT_127.pdf
🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
264 January 2027 has already started
Season 11, Episode 264
Show notes
• Employment Law MasterClass - http://www.danielbarnett.com/masterclass
• Code of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026, SI 2026/880: https://www.legislation.gov.uk/uksi/2026/880/made
• Electronic and workplace balloting: code of practice: https://www.gov.uk/government/publications/electronic-and-workplace-balloting-code-of-practice
• Make 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-practice
• Geeks Ltd v Watts [2026] EWCA Civ 889 (ICLR): https://www.iclr.co.uk/document/2026006110/2026ewcaciv889_TNA/html🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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8 min
263 Gratuitous Consultation
Season 11, Episode 263
Show notes
• MasterClass tour 2026: http://www.danielbarnett.com/masterclass
• Revised tipping code of practice: https://www.gov.uk/government/consultations/make-work-pay-revised-tipping-code-of-practice
• http://gov.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🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
262 Deadlines, Delivery Plans and Data Cars
Season 11, Episode 262
Show notes
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 http://danielbarnett.com/masterclass
Away 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 Update
The 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 Week
This 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-contracts
• Fair 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-trade
• Augustine v Data Cars judgment: https://supremecourt.uk/uploads/uksc_2025_0122_judgment_f8eb0f1fbd.pdf
• Lewis Silkin, “Supreme Court rules on part-time discrimination” (13 August): https://www.lewissilkin.com/insights/2026/08/13/supreme-court-rules-on-part-time-discrimination
• Personnel 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/🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
261 The Biggest Rewrite Since 2009
Season 11, Episode 261
Show notes
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-2026
MasterClass: http://www.danielbarnett.com/masterclassAsk a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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11 min
259 When the harasser is your biggest client
Season 11, Episode 259
Show notes
• MasterClass booking: https://danielbarnett.com/masterclass
• Timeline 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-update
• Slaughter 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-act
• Geeks Limited v Watts [2026] EWCA Civ 889: https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/889🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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10 min
260 The sword that kills you…
Season 11, Episode 260
Show notes
MasterClass booking: https://danielbarnett.com/masterclass
• Lewis Silkin, “What’s in the Employment Rights Act?” (21 July 2026): https://www.lewissilkin.com/insights/2026/07/21/whats-in-the-employment-rights-act
• Herbert 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
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11 min
258 The Countdown to 30 October…
Season 11, Episode 258
Show notes
• 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/made
• Access Code of Practice consultation page: https://www.gov.uk/government/consultations/make-work-pay-draft-code-of-practice-on-trade-union-right-of-access
• DLA 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-procedure
• Norton 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/🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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10 min
257 Holiday, Tipping, Time Limits & Legal Officers
Season 11, Episode 257
Show notes
• Written Ministerial Statement HCWS158, “Implementing the Employment Rights Act: June 2026 Update”, 30 June 2026: https://commonsbusiness.parliament.uk/Document/106462/Pdf?subType=Standard
• Consultation: Make Work Pay: holiday pay compliance and enforcement (opened 30 June 2026, closes 22 September 2026): https://www.gov.uk/government/consultations/make-work-pay-holiday-pay-compliance-and-enforcement
• Government response: Make Work Pay: strengthening the law on tipping (published 29 June 2026): https://www.gov.uk/government/consultations/make-work-pay-strengthening-the-law-on-tipping
• Draft revised Code of Practice on fair and transparent distribution of tips: https://www.gov.uk/government/publications/distributing-tips-fairly-revised-statutory-code-of-practice
• Draft Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026: https://www.legislation.gov.uk/ukdsi/2026/9780348282832
• Young v Royal Mail Group Ltd [2026] EAT 93 (HHJ Beard, handed down 29 June 2026): https://assets.publishing.service.gov.uk/media/6a423d1a5b6406df58c13f13/Mr_M_Young_v_Royal_Mail_Group_Ltd__2026__EAT_93.pdf🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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8 min
256 Data, data everywhere
Season 11, Episode 256
Show notes
• Data (Use and Access) Act 2025: https://www.legislation.gov.uk/ukpga/2025/18/contents
• ICO 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-complain
• Draft Regulations on electronic and workplace balloting: https://www.legislation.gov.uk/ukdsi/2026/9780348284584/contentsMasterClass:
• Autumn 2026 Masterclass tour: https://danielbarnett.com/masterclass
• Autumn 2026 MasterClass £50 preview tickets: https://guestli.st/818653🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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10 min
255 You didn’t know this about unfair dismissal
Season 11, Episode 255
Show notes
• 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-2026
• Darren 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🎁 FREE STUFF
• Employment law updates – http://www.danielbarnett.com/
• My YouTube channel - http://www.youtubelegal.co.uk/💎 PRODUCTS, MEMBERSHIPS AND COURSES
• Employment Rights Act update service -https://danielbarnett.com/employmentrightsact/
• Join the HR Inner Circle –http://www.hrinnercircle.co.uk/
• HR Policies - https://danielbarnett.com/policies/
• Own-branded email updates for solicitors - http://www.employmentlawbulletins.com/🌞 WHO AM I
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.♨️ IMPORTANT INFORMATION
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.Ask a question about the Employment Rights Act 2025 - www.danielbarnett.com/eraquestion
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