The Paris Smith podcast gives bite size legal advice across a range of services, and answers some key questions in plain English. Hear from our Partners and Solicitors about how to tackle various legal issues!
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.
27 Oct 2022
Subject Access Request
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.
28 Sept 2022
Menopause in the workplace by Sarah Hayes and Tabytha Cunningham
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/
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