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employment law

Naomi Cunningham - Hot 100

Naomi Cunningham named in The Lawyer’s Hot 100 list

We are delighted to announce that Naomi Cunningham has been named by The Lawyer as a ‘Hot 100 Lawyer’ for 2022. Every year, The Lawyer compiles a list of lawyers that they feel have made an impact on the legal world and have excelled in their field.   Their ‘Hot 100’ rates on excellence and relevance. It covers “an incredibly diverse mix of legal professionals; scrappers from the rough and tumble of criminal law; sophisticated corporate dealmakers; intellectuals and silver-tongued advocates from barristers’ profession; the in-house counsel with the ear of their CEOs; associates rising to greatness; and even the occasional professional with no legal qualifications at all who is nevertheless showing the industry how to better itself. But whatever…

News, Employment 17 Jan, 2022

Hearings by electronic communication – updated to reflect the changes made on 8 October 2020 to the 2013 ET Rules

What can be achieved via electronic means within the 2013 Employment Tribunal Rules? Andrew Allen QC has updated his earlier article to reflect the changes to the 2013 ET Rules made on 8 October 2020? Hearings by electronic means Following the changes to the 2013 ET Rules made on 8 October 2020, Andrew Allen QC has updated his article analysing the practical issues faced by Employment Judges in considering, within the parameters of the 2013 ET Rules, whether to list hearings that are to be conducted by electronic communication. You can view the article here. Find out more These extraordinary circumstances bring new perspectives on employment law and the existing rules. Please contact Nick Levett on 020 74274905 or Adam Macdonald on 020 7353 6381…

Covid-19, Legal Blog & Publications, Employment during Covid-19, News 9 Oct, 2020

MyTaxi

Peter Linstead successfully defends MyTaxi in Employment Tribunal

Peter Linstead recently appeared in the Employment Tribunal for the Respondent in Mr Christopher Johnson v MyTaxi Network Ltd 2303018. The background The Claimant in this action worked full-time as a Black Cab driver in London between 2014 and 2016. In February 2017, the Claimant downloaded the driver version of “Mytaxi”, a mobile application that connects Black Cab drivers and passengers. Excluding the “odd trip” in April, the Claimant didn’t actively use the app until the end of July 2017 and made no further trips after 18th April 2018. The claim The Claimant in this action claimed protected disclosure detriment, holiday pay, unlawful deduction of wages and failure to pay the national minimum wage. The two preliminary issues to be…

News, Employment 27 Jul, 2020

Paul Rogers on HSE Guidance, Enforcement and Social Distancing at Work

Paul Rogers considers what the HSE has said about enforcement, and what guidance there is to assist employers to make decisions about protective measures, and raises some questions about the difficulty of proving a material risk of transmission in relation to the so-called ‘two metre rule’. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring HSE guidance, enforcement and social distancing at work. The Guidance The Health and Safety Executive (HSE) has said it will look closely at concerns about social distancing and coronavirus (COVID-19) to secure compliance with the law, and has made clear that duty holders have a responsibility to protect workers and others against the risk of coronavirus infection…

Covid-19, Legal Blog & Publications, Health & Safety 4 Jun, 2020

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

Employment Webinar: Watch Bianca Venkata discuss Dismissal or Resignation

Bianca Venkata presents a webinar on ‘Dismissal or Resignation?’, one of a series of Q&As recorded at the recent 28 Barristers – 14 Days Employment Law programme. As part of the 28 Barristers – 14 Days Employment Law Series, Bianca Venkata presented a Q&A webinar on ‘Dismissal or Resignation?’. Bianca outlined key principles in this area followed by an analysis of three recent court cases. She then answered live questions from the audience. Watch the Employment Law Webinar Free Representation Unit Industry professionals were charged a small fee to participate in the live webinars and £15,000 was donated to the Free Representation Unit, helping to train future generations of advocates and supporting vulnerable litigants. Find out more This webinar was part…

Employment Webinars, Webinars & Vlogs 27 May, 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

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