The Employment Law & HR Podcast

What is the status of the changes under the new law?   In this episode 257 of the employment law and HR podcast, as we reach the end of the year and the last podcast for 2025 I cover an update on the status of the Employment Rights Bill, the changes and what has been happening to delay the new law.   In this episode we cover:   The latest issue causing contention and subsequently delays in the parliamentary process.   What the impact could be of a removal of the compensation cap for unfair dismissal claims.   A rundown of the other changes to the Bill from the initial version published.   What the key changes are and what employers need to be aware of.   Why it is important to start taking action now to get ready for the new law.   Key takeaway: There are going to be significant changes to employment rights for employees but those employers who are proactive, fair and have robust procedures and policies in place, coupled with management training will find that the risk of a claim does not increase. For employer who do nothing or think that it will not apply to them there is a significant increased risk of an employment tribunal claim.   You may also find the following helpful: Employment Rights Bill 2024: Key information   Employment Rights Bill   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Training for your Team   Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.   Please drop me an email [email protected]     Fixed Price Advice from Real Experts   As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour   Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006   We have a variety of free documents and letters which are available to download here: DIY Documents   We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE       Zoes Law   Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

An effective tool to resolve disputes In this episode 256 of the employment law and HR podcast I cover an overview of Settlement Discussions and how you can use them to resolve difficult situations in the workplace.   In this episode we cover: When settlement discussions can be used The difference between 'without prejudice' conversations and 'protected conversations' How to safely make an offer What to avoid to prevent claims Why the frequent use can be a problem Practical tips on how to deal with settlement discussions   Key takeaway: Settlement discussions can be a useful tool but care needs to be taken about how you approach the discussion and when you decide to use an offer, and the frequency with which you use settlement discussions.     You may also find the following helpful: https://realemploymentlawadvice.co.uk/podcast/when-are-settlement-discussions-protected/ https://realemploymentlawadvice.co.uk/2025/05/27/settlement-agreements-in-employment-what-uk-employers-and-employees-need-to-know/   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help. Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed. Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it.   In this episode we cover: The facts of the case – what actually happened and how the dispute reached tribunal. How the tribunal assessed whether the dismissal was fair in all the circumstances. The importance of proportionate disciplinary action and consistent treatment. Why context matters – including the employee's record, workplace culture, and employer policies. Practical steps for managers handling misconduct or inappropriate language at work. What this case teaches us about the balance between respect, communication, and fairness in disciplinary processes. Why it is important to consider getting a third party to deal with disciplinary issues or dispute when the employee is a family member or close friend.   Key takeaway: Even when language is offensive or unprofessional, dismissal is not automatically fair. Employers must consider all the circumstances and ensure their decision is reasonable, consistent, and procedurally sound.   Working with family can present different challenges but employment law still applies!   You can read the full judgement here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/media/64ae81ed8bc29f00132ccb82/Ms_K_Herbert_v_Main_Group_Services_Ltd_3310773.2022_FMH_Reserved_Judgment.pdf   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.         Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 254 of the employment law and HR podcast I cover a recent Employment Appeal Tribunal decision that sheds light on a vital question for employers: In this episode we cover: When is an employer responsible for the actions of an employee who sexually harasses a colleague? This case involved a hospitality recruitment agency and a worker (AB) who was sexually harassed by a colleague (CD) while travelling in his car. The central legal issue was whether the colleague's conduct could be said to have taken place "in the course of employment" under section 109 of the Equality Act 2010 a key factor in determining whether the employer was legally liable. The Employment Tribunal originally found that, although harassment had occurred, the agency was not liable, as the harasser was not "acting in the course of his employment" at the time. However, the Employment Appeal Tribunal (EAT) found that the Tribunal had not properly applied the test for what counts as an "extension of employment" and sent the case back to be reconsidered.   What Went Wrong at the Tribunal? The Tribunal accepted that serious sexual harassment took place but concluded that: The harasser was not working or carrying out duties at the time; The lift to work had not been arranged or approved by the employer; and The employer could not have known about the encounter. The Employment Appeal Tribunal disagreed, highlighting that the Tribunal had failed to consider several important factors, such as: The ongoing work-related connection between the parties (including prior lifts to jobs); The harasser's work messages, sent during his shift, that were sexually inappropriate; and The claimant's genuine belief that she was travelling for work when the incident occurred. These could all point to the events being an "extension of the workplace" — and therefore potentially within the "course of employment".   Why This Matters for Employers This judgment is a reminder that liability for harassment is not confined to the four walls of the workplace. If there is a sufficient connection between the conduct and work, such as communication during work hours, travel to or from work, or employer-organised events, the employer could still be found responsible.   Key Takeaways Think beyond the workplace. Harassment at social events, during work travel, or over work-related messaging platforms may still fall "in the course of employment." Risk Assess. Carry out a risk assessment to identify risk areas in your organisation and take mitigating steps accordingly. Review policies and training. Clear boundaries and reporting procedures for off-site conduct can reduce risk. Take complaints seriously. In this case, the Tribunal noted concern that the employer had done little to support the claimant or investigate the alleged harasser while a police inquiry was ongoing. Context is everything. Whether an act is "in the course of employment" will always depend on the facts but employers are expected to take a proactive stance in preventing and addressing harassment.   You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/ab-v-grafters-group-ltd-ta-csi-catering-services-international-2025-eat-126   Duty to take steps to prevent sexual harassment All employers, regardless of size and resources, now have a legal obligation to take steps to prevent sexual harassment. One of the steps you need to take is to train your employees on what sexual harassment is and standards of conduct required. We have a range of training options available to you, including our DIY employee training which is available for £15 plus VAT per person. If you want to 'bulk buy' 50 or more places we have a discount code available please do not hesitate to get in touch. You can access the training here: https://employment-law-hr-advice.teachable.com/ We also have full DIY resources for employers here: The prevention of Sexual Harassment at work Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Practical Guidance for Managers When it comes to managing workplace issues, prevention is always better than cure. In this episode 253 of the Employment Law & HR Podcast, we dive into why early action matters, how to spot the signs of trouble, and practical steps you can take to stop minor issues from escalating into costly legal problems.    In this episode, we cover: Why early action is often avoided by employers and managers. The real cost of delaying action on workplace concerns. Spotting the early warning signs that something isn't right. How to have effective "fix it" conversations with employees. When to use mediation as a tool to rebuild trust. How recent legal developments under the Employment Rights Act 2025 increase the need to act early.   "The best employers set their teams up for success by addressing concerns before they become conflicts."      Why This Matters Too often, organisations wait too long to address performance or behaviour concerns—leading to grievances, resignations, or tribunal claims. Early, fair, and well-documented action not only reduces legal risk but builds trust and stronger workplace cultures.    Common Scenarios Where Early Action Makes a Difference A small clash over workload expectations turns into a bullying allegation. Personality clashes that go unchecked end in formal grievances. Persistent lateness leads to dismissal and an unfair dismissal claim. Failure to address wellbeing concerns leads to long-term sickness absence.      Practical Tips from the Episode Use simple, open language: "I've noticed a change — is everything okay?" "Let's talk about how we can resolve this early." Document informal conversations. Consider mediation early to prevent escalation. Escalate when the issue involves serious allegations or risks.      Key Takeaways Act early — don't wait for issues to grow. Communicate openly, calmly, and empathetically. Keep records of informal actions and discussions. Mediation can save relationships and reduce conflict. Seek professional advice when in doubt.   If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion. We can also help if you are an employer defending a claim in the Employment Tribunal.   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 252 of the podcast following on from the last episode about constructive unfair dismissal I bring you a rundown of some employment tribunal case examples. In this episode I cover the following cases: Mr Marshall v Mcpherson Limited (2025) 09 07 2025 – Employment Appeal Tribunal case Mrs Rogerson v Dreamstore Norwich Limited 16 01 2020 Western Excavating (ECC) Ltd v Sharp [1978] Malik v BCCI [1997] Isle of Wight Tourist Board v Coombes [1976] Bournemouth University v Buckland [2010] Blackburn v Aldi Stores Ltd [2013] – EAT British Aircraft Corporation Ltd v Austin [1978] Omilaju v Waltham Forest London Borough Council [2005]   If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion. We can also help if you are an employer defending a claim in the Employment Tribunal.   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Other resources you may find helpful: What is Constructive Unfair Dismissal?   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

This is a quick summer message as I am taking a short break from the podcast for some rest and family time.  The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer.  Thanks for listening.  Alison 

In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal. In this episode I cover: What Constructive Unfair Dismissal is? How the law came about Why we have the legal right to claim constructive unfair dismissal How constructive unfair dismissal differs from unfair dismissal The leading case and judgement from Western Excavating v Sharp An employee can claim an employer has breached both express and implied terms The implied term of trust and confidence and how this was established The leading case of Malik v BCCI What an employee needs to show in order to claim constructive unfair dismissal.   If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion.   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Other resources you may find helpful: What is Constructive Unfair Dismissal?   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 250 of the podcast I bring you a run down of the process for dealing with warnings as a disciplinary or capability sanction. In this episode I cover: What a warning is. Why some managers use warnings inappropriately. When a warning should be used. The procedure for issuing a warning. Why it is important to follow the correct procedure when issuing a warning. How long warnings should last for. What you should consider if you want to give an indefinite warning. When you can take into consideration an expired warning. What to consider if you want to dismiss an employee after cumulative warnings. How getting the process wrong could lead to a claim for constructive unfair dismissal.   If you would like training and support for your managers to empower them to deal with capability and disciplinary processes confidential and correctly, please don't hesitate to get in touch for free in obligation discussion..   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Other resources you may find helpful: Disciplinary Issues Unfair Dismissal   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 249 of the podcast I bring you my thoughts on the substantive delays in the employment tribunal process which are hindering access to justice for employees and increasing costs and stress for employers and employees. In this episode I cover: My own and my colleagues first hand experience of the delays in the employment tribunal. A summary of the latest employment tribunal statistics published detailing the number of cases that have been submitted and the number of cases that are currently in the system. Some real life cases where judgements have been issued and published recently. My thoughts on why the system is 'broken' and why it is only going to get worse. How I would change the system to reduce delays and volume of cases. If you are making a claim, considering a claim or are involved in defending a claim, we can assist you, and take away some of the stress from the process. Please do not hesitate to get in touch for a free no obligation discussion about your case.   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Cases referred to: Hill v St Pauls C of E Primary and Others Baker v Jaguar Land Rover Limited Parker v Chief Constable of Hampshire and Isle of Wight Constabulary Craven v Forrest Fresh Foods Limited   Latest statistics from the Tribunal system   https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025  Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw