Daniel Barnett Blog
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Daniel Barnett is highly regarded for his employment and HR law expertise, representing both employers (80%) and employees (20%). He has appeared in many Court of Appeal and Employment Appeal Tribunal cases together with complex High Court employment litigation. He also appears regularly in employment tribunals up and down the country. Read his anecdotes on employment laws, updates on cases,..
Daniel Barnett Blog
1w ago
Was a tribunal correct to strike out a remedy claim because the Claimant had destroyed evidence or lied about doing so? Yes, held the Employment Appeal Tribunal in Kaur v Sun Mark and others . The Claimant had succeeded (in part) in claims ..read more
Daniel Barnett Blog
3w ago
Could an employee be unfairly dismissed and subject to a detriment as a result of whistleblowing where the decision-maker knew of the fact of the employee’s disclosure but not its substance? No, held the Employment Appeal Tribunal, in Nicol v ..read more
Daniel Barnett Blog
1M ago
Did an employer make reasonable adjustments when it dismissed a disabled employee rather than placing him in an alternative role on a trial basis? No, held the Employment Appeal Tribunal in Miller v Rentokil . The Claimant worked as a field-based ..read more
Daniel Barnett Blog
1M ago
Was an employee who resigned after refusing to attend at her workplace during the COVID-19 pandemic unfairly dismissed on health and safety grounds? Yes, held the Employment Appeal Tribunal in Herve v Goldstein . The Claimant worked from an ..read more
Daniel Barnett Blog
1M ago
The 2024 annual update to the Vento guidelines (which give ranges for injury to feelings awards in discrimination cases, depending on severity) have been published. In respect of claims presented on or after 6 April 2024, the Vento bands are ..read more
Daniel Barnett Blog
1M ago
Could an employee bring a claim of whistleblowing detriment against his employer where the act of detriment relied upon was his dismissal? No, held the EAT in Wicked Vision v Rice . The Claimant brought a claim of automatic unfair dismissal against ..read more
Daniel Barnett Blog
1M ago
Was a tribunal entitled to decide that a decision to dismiss an employee for posting a racist ‘joke’ on his employer’s intranet fell outside the band of reasonable responses? No, held the EAT in Vaultex v Bialas . The Claimant ..read more
Daniel Barnett Blog
1M ago
Was a tribunal entitled to conclude that there were two ‘principal' reasons for dismissal in a claim for automatic unfair dismissal on health and safety grounds under section 100(1)(e) Employment Rights Act 1996 ? No, held the EAT in ..read more
Daniel Barnett Blog
1M ago
Could a claimant claim unfair dismissal on the basis that he had ‘sought to take’ parental leave when he had not made a formal application for leave at the point he was dismissed? Yes, held the EAT in Wright v Hilton Food Solutions ..read more
Daniel Barnett Blog
2M ago
The government has published an updated Code of Practice on dismissal and re-engagement (better known as ‘Fire and Rehire’). If it is approved by Parliament, a commencement order will bring the Code into effect, likely later this ..read more