News & Events

daniel barnett

Daniel Barnett hosts Q&A with the President of Employment Tribunals

Daniel Barnett recently chaired a Q&A webinar with the recently appointed President of Employment Tribunals, Judge Clarke. Just three weeks into his new role as President of Employment Tribunals in England & Wales, Judge Barry Clarke, explained how tribunals are managing during lockdown and answered a range of questions from lawyers, employers and unions. Questions and topics included: How are tribunals managing? Issue of fees What are employment judges doing with their time when they are not judging cases? Will cases beyond June be delayed? The situation with listings in 2021 – will they be moved to accommodate unheard 2020 cases? The webinar attracted over 1,000 viewers and is now available to watch online. This webinar was in response to,…

Covid-19, Employment Webinars, Employment during Covid-19, Webinars & Vlogs 3 Jun, 2020

Daniel Barnett discusses CJRS on the Jeremy Vine Show

Daniel Barnett discusses employee and worker rights on the Coronavirus Job Retention Scheme on the Jeremy Vine Show. Daniel Barnett has been providing regular updates to help decipher the Coronavirus Job Retention Scheme since its launch in March. Daniel’s expertise prompted Jeremy Vine to invite Daniel on to his weekday morning show on Wednesday 13 May to discuss the scheme in advance of the Chancellor Rishi Sunak’s update announcement. Daniel discussed employee rights regarding returning to work and answered viewers’ questions on workers rights.   Watch the Jeremy Vine interview Find out more Daniel Barnett is also the resident legal expert on LBC Radio. You can hear him on DAB Radio, FM 97.3 or via the GlobalPlayer App from 9pm…

Covid-19, Employment during Covid-19, News 14 May, 2020

Notice Pay when on Furlough

What notice pay should employers pay to employees on furlough if the employee has agreed to accept 80% of pay during furlough? Daniel Barnett clarifies. Salary payments made by the employer during furlough can still be reclaimed from HMRC (subject to the limits of the Coronavirus Job Retention Scheme), despite the employee working out notice. An unresolved issue is: if employees have agreed to accept 80% of their salary while on furlough, is their notice pay also paid at 80%, or does it revert by operation of law to 100%? Remarkably little has been written on this, in part because such a simple question entails an extremely complex analysis, and in part because even with that analysis, the answer remains…

Covid-19, Legal Blog & Publications, Employment during Covid-19 4 May, 2020

Daniel Barnett completes 10 years as presenter of the Legal Hour on LBC Radio

This month, Daniel Barnett celebrates a decade as the resident legal expert on LBC Radio.  Since May 2010, he has helped over 6,000 members of the public over the course of nearly 500 episodes of the LBC Legal Hour. “It’s one of the most professionally rewarding things I’ve ever done”, Barnett says.  “People have problems which keep them awake at night and they don’t know where to turn.  Just being able to talk to a lawyer, for free, for a few minutes, can be immensely reassuring and point them in the right direction.” What legal problems do you with? “It can be all sorts; consumer, landlord & tenant, employment, business disputes, and occasionally family law.  I don’t take questions on…

News 4 May, 2020

HMRC responds to Daniel Barnett’s questions on CJRS loophole

Further to Daniel Barnett’s recent article highlighting a potential problem with the Coronavirus Job Retention Scheme, HMRC has responded directly with some answers. Daniel Barnett recently wrote an article highlighting a problem with the Coronavirus Job Retention Scheme (see here). He also highlighted this directly to HMRC. HMRC has written to Daniel, providing clarity for employers and employees on one of the seemingly inconsistent aspects of the Coronavirus Job Retention Scheme. Paragraph 6.7 of The Treasury’s Direction to HMRC, which is the legislative source of HMRC’s power to make payments under the CJRS, states that an employer can only reclaim the employee’s salary, amongst other things, “…if the employer and employee have agreed in writing (which may be in an electronic form such…

Covid-19, Employment during Covid-19, News 23 Apr, 2020

A problem with the Coronavirus Job Retention Scheme

There is a problem with the numerous iterations of the Coronavirus Job Retention Scheme. You now need to get the employee to agree in writing that they will not work. Daniel Barnett looks at the implications for employers who have already started the scheme. On 20 March 2020, the Chancellor Rishi Sunak MP announced as part of “an unprecedented package of measures” that businesses and their employees would be assisted by the Job Retention Scheme (the Scheme), thus bringing the word “furlough” into common usage. The Scheme allows for a grant covering 80% of an employee’s usual monthly wage up to £2,500 per month plus Employer National Insurance contributions and pension contributions up to the level of the minimum automatic enrolment…

Covid-19, Employment during Covid-19, News 17 Apr, 2020

28 Barristers. 14 Days. Series of Employment Law Webinars

The OTC Employment Law Team will be leading a Q&A Webinar Programme, helping the Free Representation Unit. Organiser Daniel Barnett invites you to join this unique event. The Outer Temple Chambers employment team is leading a group of 28 barristers who are giving up their time by appearing on a series of 28 Q&A webinars, starting Monday 20 April 2020. Each webinar is themed around a specific employment law topic and consists of a 15 minute talk followed by a 30 minute live question and answer session. Barrister Daniel Barnett, of Outer Temple Chambers’ Employment Law Team, who is organising the event, says: “This is an unprecedented opportunity for solicitors and others to pick the brains of some of the…

News, Employment 13 Apr, 2020

Furlough and Annual Leave – Are We Clear?

With many businesses struggling during the ‘lockdown’, furlough is now a common term in employment law. Daniel Barnett looks at how this works alongside other forms of leave. The Government’s guidance on whether employees can take annual leave while on furlough under the Coronavirus Job Retention Scheme (‘CJRS’) is incomplete.  Employment Barrister Daniel Barnett gives his interpretation of the current situation while we await clarification. The following article deals with a wholly unclear area of law.  Daniel answers some frequently asked questions with his views at the time of publication (3rd April 2020) and specific advice should be sought on this fast moving area of law. Can an employee be on furlough and annual leave at the same time? At…

Covid-19, Employment during Covid-19, News 4 Apr, 2020

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