The Employment Rights Bill: An update
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...
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Settlement Discussions, and Without Prejudice offers: a way to resolve difficult issues
The Employment Law & HR Podcast
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...
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Harsh Words, Harsh Consequences: What Employers Can Learn from an Unfair Dismissal Case
The Employment Law & HR Podcast
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...
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When Is Sexual Harassment “In the Course of Employment”?
The Employment Law & HR Podcast
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...
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Fix It Before It Festers: Taking Early Action on Workplace Concerns
The Employment Law & HR Podcast
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...
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Constructive Unfair Dismissal Explained: Case examples
The Employment Law & HR Podcast
In this episode 252 of the podcast following on from the I bring you a rundown of some employment tribunal case examples. In this episode I cover the following cases: Isle of Wight Tourist Board v Coombes [1976] 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...
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Summer Message
The Employment Law & HR Podcast
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
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Constructive Unfair Dismissal Explained: What is needed for a claim?
The Employment Law & HR Podcast
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...
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Warnings at work
The Employment Law & HR Podcast
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...
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Substantive delays in the Employment Tribunal & the impact this has on employers and employees
The Employment Law & HR Podcast
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...
info_outlineThis 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