Paris Smith Podcast

The Disability Discrimination Podcast is your essential resource for staying informed on the latest issues in disability discrimination in the workplace. On this podcast, legal experts Andrew Willshire and Adam Wheal discuss the unique challenges faced by disabled individuals, while providing practical advice on diversity, inclusion, and accessibility in the workplace.

Don't miss out on this valuable platform for professionals seeking to create more equitable workplaces. Tune in now to stay up-to-date on disability discrimination issues in the workplace!

00:00.0 - Introduction

00:49.8 - Background of the case

03:37.6 - Mrs. Boyers' claim of unlawful dismissal and disability discrimination was dismissed by the Employment Tribunal due to the DWP's argument of protecting public funds and her long-term absences affecting staff numbers.

05:17.3 - The DWP's dismissal of Ms. Boyer was deemed disproportionate due to the lack of evidence of legitimate aims and consideration for a work trial.

06:54.6 - Employers should seek medical advice, discuss fair processes and reasonable adjustments, and consider alternative roles for employees with long-term sickness absence.

08:54.9 - Employers must consider disabled employees' long service and provide alternative options before dismissing them, with accurate records to back up decisions.

The Paris Smith Employment Podcast is a regular podcast that discusses all things related to employment law. The podcast is hosted by Charlotte Farrell and Ryan Mitchell, both are lawyers at Paris Smith LLP. In today's episode, they discuss subject access requests and the key things businesses need to know about them. The GDPR was introduced in 2018 and has led to individuals becoming much more aware of their rights regarding their personal data. As a result, Paris Smith has seen more people making subject access requests.

You can find out more info here: https://parissmith.co.uk/your-business/commercial-law/data-protection-and-gdpr/

01:00:00 - The right to access personal data held by organisations is a legal right given to individuals.

02:00:00 - Personal data is any information that relates to an identified or identifiable living individual.

06:30:00 - Anonymised data can be excluded from a subject access request.

07:00:00 - Subject access requests are being used more often as a way to find information for employment tribunal claims.

07:54:00 - The main use for subject access requests in a commercial setting is to upgrade complaints to "super complaints."

09:00:00 - The main points to consider when dealing with a subject access request are verifying the requester's identity, diarising key dates, and trying to locate the requested information.

11:17:00 - Subject access requests are usually free, except for when they are excessive. If someone refuses to pay or withdraws their request, businesses may have trouble recovering costs.

13:38:00 - The business doesn't have to send everything to the individual who they find. Someone needs to go through it and identify any documents which don't need to be disclosed.

15:00:00 - Organisations need to include a cover letter with personal data when sending it to someone in response to a subject access request.

16:20:00 - Employees use subject access requests to check their personal data is being processed correctly and tactically.

18:16:00 - The government is proposing to decrease the threshold for an organisation being able to refuse to respond to a subject access request, or to be able to charge a reasonable fee.

19:19:00 - The word vexatious could potentially help to stop requests where the person is only using it to cause trouble for their employer or ex-employer.

19:50:00 - The top tip for dealing with subject access requests is to have a written procedure and use systems which allow for personal data to be easily searched, reviewed and extracted.

21:07:00 - HR and line managers should train all staff on the GDPR and data protection issues, including subject access requests. Staff should be aware of what they can and cannot do with personal information. Deleted emails are still searchable.

23:25:00 - The risks of getting subject access requests wrong include complaints to the Information Commissioner's Office and investigations which can lead to instructions on how to correct procedures.

In today's episode, we'll be discussing the impact of menopause on employees, and some of the steps that employers can take to support staff experiencing menopausal symptoms.

01:21: To start with, we'll hear from Sarah Hayes, an employment lawyer at Paris Smith LLP. Sarah has extensive experience in advising employers on a range of issues relating to menopause, and she offers some great advice on how to support employees going through this difficult time.

09:00: We'll also be talking to Tabytha Cunningham, who provides some great tips on how employers can make reasonable adjustments to help staff manage their symptoms.

13:53: Finally, we'll ask Sarah about the usefulness of introducing a menopause policy, and she offers some great advice on what this could include.

So, whether you're an employer looking to support your staff better through menopause, or an employee who's experiencing symptoms and looking for advice, you won't want to miss this episode

Thank you for listening.

References and further reading

https://www.acas.org.uk/menopause-at-work

https://parissmith.co.uk/blog/menopause-and-employment-law-is-it-a-disability-and-what-steps-can-employers-take/

Business Immigration specialists Charlotte Farrell & Jane Biddlecombe look at the issues around employing overseas nationals to work in the UK.

This can seem like a daunting process, brought into sharp focus by Brexit and the end of free movement. It is something we are receiving more and more enquiries about.

Find out more: https://parissmith.co.uk/your-business/business-immigration/

00:50:00 What are the key things employers need to know about if they are thinking of employing oversees nationals to work in the UK on skilled worker visas?

How do you know if the oversees national eligible?

02:30:00 Once you have established that the job role is at the correct skill and salary level and someone can be sponsored to work in the UK in that role, what should the business do next? Charlotte covers the detail of applying for a sponsor licence.

04:15:00 How long does the sponsor licence process take and what costs are involved?

04:30:00 What duties and responsibilities do you have as a sponsor?

05:15:00 What HR policies and procedures should be in place before you apply for a sponsor?

06:09:00 Our experts give more information on the practical steps businesses should take once the sponsor licence has been obtained.

07:40:00 What other routes are available for employing overseas nationals in the UK? We explain the Global Business Mobility visa.

10:30:00 Jane explains the new Scale Up visa - coming in August 2022.

11:11:00 From 30 May 2022 there will be a new route from the Government that doesn't require sponsorship at all - is this right for your business?

Remote and hybrid working has now become the norm for many businesses. Not only can there be various benefits to this flexibility, but more and more prospective employees look for this when applying for roles.

Employers who have embraced remote and hybrid working however need to ensure they are doing this compliantly; it's crucial to have the right policies in place and employment contracts.

Employment experts Tabytha Cunningham and Charlotte Farrell discuss in our latest episode.

Find our more: https://parissmith.co.uk/your-business/employment-law/

Download our guide to hybrid working: https://parissmith.co.uk/wp-content/uploads/2021/12/media-Employment-Remote-and-hybrid-working.pdf

00:45

Why should employers formalise their remote working practices?

Employers need to think about how they can support employees who are now permanently working from home.

02:33

What steps do employers need to take to formalise these new processes? Charlotte and Tabytha talk about the importance of having a hybrid working policy and what this should include.

04:35

Key practical considerations - our experts cover health and safety, risk assessments and data protection obligations in relation to hybrid and remote workers.

07:15

How employers can best support their remote employees and the importance of using appraisal procedures effectively.

09:35

Issues with international employees. If employers are happy with having staff in other locations, what practically do they need to think about?

Many organisations are struggling with retaining talent, with some offering high salaries in order to attract and retain key people. But does this keep good staff in the long term? Employment experts Tabytha Cunningham and Claire Merritt explore the key factors that affect employee retention, and how you can keep existing staff happy and productive.

Did you miss part 1? Listen here: https://soundcloud.com/user-732927814/employee-retention-part-1-recruitment-best-practice

Find out more: https://parissmith.co.uk/your-business/employment-law/

00:50 Claire talks through the importance of good and frequent communication in your business at all levels.

01:57 Training and development is key. Businesses change all the time and people are looking for their next challenge.

03:17 Managing staff after the pandemic and new skills. How can we effectively manage remote teams and keep them engaged?

05:43 Managing wellbeing and making employees feel valued. What tools are available?

06:55 Flexible working, work life balance and making sure your employees don't feel overwhelmed.

09:12 How do you advertise your roles and do you mention remote working?

09:50 Managing mental health at work. Do you have training in place to ensure managers can help people properly? This can be key in employee retention.

12:09 The importance of recognition. What motivates people is different for each individual but it is always important to show employees they are valued.

13:44 How should you reward employees?

16:19 Career progression and ensuring employees feel they are heading in the right direction.

Welcome to the first of our two-part employee recruitment and retention podcast. Lots of business are struggling to recruit and retain the right people for their organisation. Employment law experts Claire Merritt and Tabytha Cunningham explain how getting your processes right can really help.

Find out more: https://parissmith.co.uk/your-business/employment-law/

01:41 What does best practice look like? Claire examines how contracts of employment can be used as a key recruitment tool.

03:51 Going back to basics and focussing on the requirements of the role.

04:30 Your job adverts - be mindful of discrimination claims be careful with language

05:20 Ensuing you have an objective selection and interview process.

06:40 Risks of getting it wrong - the pressure on wage inflation, the gender pay gap.

09:03 A move towards openness - disclosing salaries and meeting candidate expectations.

10:22 Best practice for candidate onboarding and offering the best support.

12:00 Probationary periods and using these correctly.

Welcome to part two of our two-part series on Employment Tribunals. In this podcast Employment experts Clive Dobbin, David Roath and Tabytha Cunningham answer your key questions about what happens on the day of a Tribunal. They chat through everything from how to give a witness statement to what to wear.

For more information on how our team can help you: https://parissmith.co.uk/your-business/employment-law/tribunal-representation/

Show notes

00:50

What is the set up for a typical Employment hearing?

David talks about how processes been pushed forward by the pandemic and what are the options for a virtual hearing. Do you get a choice which option you can have?

02:50

What should you know before the hearing to prepare? Tabytha explains what technology you should test if you are remote and some tips for making this process seamless.

If you have an in-person hearing, what happens when you arrive and who will be there? Be prepared for lots of waiting around.

04:25

What preliminary matters will there be on the day? Tabytha talks through how this works and what is common.

05:10

Who decides the outcome of a case? This depends totally on the claim. Simple cases like unfair dismissal will be heard by one Judge In more complex cases like discrimination, there will be a panel of three people. Our experts explain how to they work together to decide and who has the final say.

07:35

Giving evidence - how is this done and how should you address the Judge?

Our experts also explain how are different people are addressed and the common terms you might hear such as ‘claimant’, what you should wear, what to bring with you, where to stand when giving evidence and what swearing an oath means in practice.

09:45

What happens at cross examination? This is when the other side will ask questions about your witness statement. Our experts give some tips about what to expect and how to answer.

11:40

Our Employment team give top tips for preparing to be a witness and discuss the importance of the witness statements.

The key is that you should remind yourself what is said in the statement before the hearing as they often written a long time before the hearing.

13:40

Submitting additional documents – what is the process when you want to submit extra information?

15:35

Cross examination can be nerve-wracking. Our team give tips for giving evidence and cross examination, and cover the importance of preparation and overcoming nerves

20:35

Coming to a decision – what is the process and how long does this take?

21:50

What happens if you are unhappy with the decision and what are the grounds for appeal?

Welcome to the first episode of our two-part series on employment tribunals. In this podcast Employment experts Clive Dobbin, Claire Merritt and Andrew Willshire cover the key steps in presenting a tribunal claim, and what employers should do in response to a claim.

For more information on how our team can help you: https://parissmith.co.uk/your-business/employment-law/tribunal-representation/

Show notes

01:10

What is ACAS early consiliation and what do you need to do? We chat through how this process can help you address issues early and how ACAS can mediate.

More information: https://www.acas.org.uk/early-conciliation

03:50

What is our advice for employers about ACAS early consiliation? Should you engage and what are the benefits?

05:25

Are ACAS overburdened and what are the implications?

06:30

We cover how an employee presents a claim to the tribunal and what documents are required.

Access an ET1 form: https://www.gov.uk/government/publications/make-a-claim-to-an-employment-tribunal-form-et1

07:55

We discuss what makes a claim acceptable

08:30

How much detail should an employee include in the claim? They must be concise and clear.

09:10

Should you attach documents in your initial claim submission?

09:50

What happens when you receive a claim as an employer? There are strict deadlines in this process, so explain the importance of this.

11:05

Our experts guide you through submitting an ET3 form, verifying the information that the employee has submitted, and when you have your opportunity to submit your version of numbers, dates etc.

11:50

When should you be instructing a solicitor and information gathering and submitting your response?

13:10

So the claim and response have been submitted - what happens now? We also discuss when a preliminary hearing is necessary.

14:22

Who attends a preliminary hearing?

15:00

What evidence do you need to defend a claim? We also discuss the process of 'disclosure' - what is this and how long does it take?

17:50

Our experts talk through the role of witness evidence

18:40

What should you do if you feel there are documents missing in the disclosure?

19:55

Employment tribunal costs - can you reclaim costs if you are successful in defending your claim?

22:00

Reaching a settlement – our lawyers answer key questions such as what options are there for settlement once a claim has been presented? Are settlements always done through ACAS?

25:05

The role of mediation – how does it work through the employment tribunal process, and how successful is judicial mediation?

25:45

How has COVID-19 affected the employment tribunal process? We know the employment tribunal is struggling to cope at the moment, so how does this affect when a final hearing can happen?

Welcome to our latest employment law podcast, where employment law experts Claire Merritt and Tabytha Cunningham dive into the complex topic of performance management. They explore and advise on how to manage poor performance, why its so important, the key components of a good performance management process and how to address concerns.

Find out more: https://parissmith.co.uk/your-business/employment-law/performance-management/

Show notes:

00:45

Why is performance management important? Good performance management leads to better productivity, open communication and allows managers to identify, and more importantly resolve issues.

02:20

How has performance management been affected by the pandemic? Good performance management is difficult at the best of times, and the pandemic had led many businesses to be in survival mode which means performance management slips off the radar.

05:05

What are the key components of performance management processes? The important things to remember are to be continuous, and have structure.

09:00

Claire and Tabytha discuss the importance of tailoring targets and performance criteria for individuals.

10:50

How do you set up a performance management process? Its not plain sailing! There is no ‘one size fits all’ but employers should focus on making it realistic, and investing in managers is key.

14:10

Claire and Tabytha discuss how important it is to set goals and targets that are appropriate.

15:15

How to use your system to manage those poorly performing – remember the aim is always improvement, not dismissal.

17:00

How to identify the reasons for poor performance. This could be anything from training requirements to personal issues. Managing this is an important part of good performance management.

18:30

Claire and Tabytha discuss how formal and informal performance management processes can be used together, and how they can serve different purposes.

19:00

What happens when an employee’s performance does not improve, despite a robust procedure?

23:35

Claire and Tabytha tackle a common question: how long do you set targets for?