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By listening to this podcast, you have your very own Employment Lawyer In Your Pocket #ELiYP We're aiming to help managers and business owners navigate the murky and often contentious world of employment law and keep you on the straight and narrow with your staff. *NEW Season 10* Season 10 is “The Law Behind the Movies; Part 2”. Simon and Jack will wreck the films you love with a particular focus on any employment law themes.. Don't forget to follow us and the Employment team on LinkedIn: @B ...
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Please contact us at www.employeelawnewyork.com if you are suffering from workplace harassment, retaliation, hostile work environment, gender discrimination, sexual harassment, age discrimination, disability discrimination, pregnancy discrimination, FMLA retaliation, loss of pay, and/or labor law violations. Problems at work are no problem for us. The Law Office of David H. Rosenberg P.C. are top New York sexual harassment, discrimination, retaliation, and #me too lawyers dedicated to provid ...
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show series
 
In our last podcast of this season, we discuss the 1992 legal drama (and listener-pick), A Few Good Men. There are a helluva lot of examples of sexual harassment, sex-based harassment and even sexual orientation harassment in this film, mostly by Jack Nicholson’s character. Although Simon and Jack jockey for position to say the immortal line, “You …
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We hope you’ve got your tissues handy, dear listeners, since Simon and Jack dissect the 1997 film, Titanic. Does gross negligence (hitting an iceberg) require to be wilful for it to amount to gross misconduct? What are the rules regarding the 48-hour working week for the Titanic crew? And was there enough room on that floating door for both Kate an…
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This week, Simon and Jack discuss listener request and 2007 film, Hot Fuzz. Was it fair for Sergeant Angel’s employer to reward his high performance with a move from London to Gloucestershire? Did his contract include a relocation clause? Should PC Butterman have been performance-managed? And how could the employer have dealt with PC Doris’ risqué …
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OK listeners, I hope that you’ve warmed up your vocal cords since Simon and Jack are discussing the employment law themes contained in The Greatest Showman. Did Lettie Lutz aka the bearded lady have a protected characteristic? Was PT Barnum’s recruitment style discriminatory? Could Anne Wheeler have lodged a harassment claim against Barnum’s Circus…
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This week, we review a hidden gem. Two Days, One Night is a Belgian film which was BAFTA nominated in 2014. If you were offered the choice between a €1,000 cash bonus, or the option to save a colleague from redundancy, what choice would you make? Simon and Jack take an in-depth look at redundancy including the test for redundancy and whether an emp…
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This week, we review the employment law themes contained in the 1993 film, Jurassic Park. Billionaire John Hammond won’t give Dennis Nedry, brilliant computer programmer, a raise, nor will Hammond discuss the matter with him. Despite the fact that lots of people die, as a direct result of Nedry’s actions, Simon argues that Nedry was the real hero o…
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Simon and Jack continue season two of their “The Law Behind The Movies” podcast by discussing the 2005 trial drama, North Country. Was Josie (Charlize Theron) wrong to take a job in the iron mine where her dad worked? Should the owners of the mine have been concerned when she lodged a complaint of harassment? And was it a reasonable step to suggest…
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Simon and Jack commence season two of their “The Law Behind The Movies” podcast by discussing the 1986 action/drama film, Top Gun. Was Maverick (Tom Cruise) serenading Kelly McGillis in the bar the most romantic gesture ever? Should the Top Gun Academy have been concerned about the student/instructor relationship and have created an internal Relati…
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For the final podcast of this season, Simon & Jack travel back to the Summer of ‘63, have the time of their lives & discuss hit chick flick, Dirty Dancing. Was Max Kellerman guilty of discrimination? Could his nephew Neil have fired Johnny for the stolen wallets? And was Baby’s admission about her mambo partner “all for nothing”? Don’t fret, listen…
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Does Anakin Skywalker meet the common law test of being an apprentice (agreement, training, duration of contract) in Star Wars, Attack of the Clones? Has the young Padawan received any training? And can Obi Wan expel Anakin from the Jedi Order like he could a normal Jedi? Lastly has Jack actually watched the film in the last week? (If you listen to…
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Is Andy’s sweater truly cerulean blue? Will you ever look at belts in the same way again? And is a grilled 8lbs Jarlsberg sandwich the best snack ever? Simon and Jack don’t actually answer any of these questions, but they do discuss the real demon in The Devil Wears Prada. And *spoiler alert* they bicker about Miranda Priestley’s management style……
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For a Disney film (Zootropolis), this fairly packs an employment law punch. The team discuss sex discrimination, unilateral variations to contract and unconscious bias. Si tells a story about a surgeon. JB impersonates Officer Hopps. And Roman spoils the “Flash, Flash, Hundred Yard Dash” ending for everyone! (They also get the singing out the way w…
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If you’ve watched the film, Filth, in preparation for this week’s ELiYP podcast, then we apologise. Amongst other things, Simon and Jack discuss perceptive discrimination related to sexual orientation. If you’re easily shocked or have a nervous disposition, please don’t listen to this podcast (particularly not the last exchange when these two quote…
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This week, Simon, Jack and Roman discuss the 1992 film, The Bodyguard. Did Rachel Marron (Whitney Houston) successfully engage Frank Farmer (Kevin Costner) on a self-employed basis? Do the team score The Bodyguard as highly as they scored the previous films? And will Si avoid singing Queen of the Night/I Will Always Love You? (No, no, and thrice no…
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OK listeners. I hope that you’ve popped on your penguin pyjamas and reindeer jumper because this week, we take a deep dive into the world of Bridget Jones’ Diary. Simon and Jack ask, would Mr Fitzherbert have a claim against Bridget if he discovered his nickname? Is the Tarts and Vicars’ Party within the course of employment? And was it Daniel Clea…
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In this new season, Simon and Jack discuss the film, Love Actually. How many red flags can you spot in Si’s favourite Christmas film? Is this the ultimate Christmas film or is it a spiritless, insincere cheese fest which should be hurled in the compost bin with your leftover brussels sprouts? What the team fail to spot IMHO is the stalker(ish) beha…
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After Soares-gate, EmploymentLawyerInYourPodcast-gate and JohnCReilly-gate, season 8 episode 9 starting with “Take 3” doesn’t bode well. But Simon and Jack are joined by Stephen and they (eventually!!) do get around to discussing a really important topic which is becoming of ever-increasing relevance to employers- menopause. They look at the case o…
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Butch and Sundance return for Ep 8. They discuss whether supporting Rangers FC amounts to a philosophical belief in terms of the Equality Act. They also discuss the five part “Grainger” test as to what qualifies as a “belief”. And lastly, they have cause to mention the American, award-winning actor/comedian, John C Reilly. (They *may* have confused…
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Simon welcomes Blair back to the podcast to discuss the case of Soares v Ofgem. Did the comment, “let’s play it by ear” to an employee with an ear infection amount to harassment? Was it reasonable for that comment to have offended Mr Soares? Has Simon pronounced Mr Flucker’s name correctly? And is Blair replacing JB on the podcast in the future? Bu…
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In Episode 6 of Season 8, Jack and Ethan discuss the case of Sommer v Swiss Re Corporate Solution Services Ltd. Can an employer defend comments made by one employee to another about her breasts? Is redundancy a safe bet after said female has complained about these allegations and taken a period of maternity leave? Hear all about how not to conduct …
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In Episode 5, Simon and Jack discuss the case of Drummond v HMRC where the employer required to resist a claim for discrimination arising from disability (a section 15 claim). Did HMRC have a legitimate aim in place? Was this aim exercised proportionately? Who wants to hear about the time Simon fainted when giving blood? And why have you not yet le…
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It’s Episode 4, and Simon and Jack are joined by Ethan to discuss the case of Bradbury v Sky In-home Services Ltd, where the focus is on race discrimination. Was a comment made to Ms Bradbury by a fellow Sky Inclusion Advocate discriminatory?” Did the Judgment leave her on cloud 9? Have a listen to find out!…
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Brace yourselves, listeners. Simon and Jack discuss the case of Finn v The British Bung Manufacturing Company Limited where a colleague is referred to as a “stupid, old, bald ****” Was it sex-related harassment? Or was it sexual harassment? And can you guess which of these two require to be bleeped out, when they mistakenly use that word?...…
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In Episode 2 of Season 8, two become three as Simon, Jack and Ethan discuss the case of Thompson v Scancrown Limited. Can an employer refuse a flexible working request from a pregnant employee in the name of business needs? Does such a refusal discriminate against female employees? Hear all about Mr Sellar’s expensive maternity leave slip-up here…”…
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In the first episode of season 8, Simon and Jack discuss the case of Knox v Chief Constable of Merseyside Police. Can an employee lodge a claim for harassment on the basis of his colleague whistling Dolly Parton’s 9 to 5 at him? How about the fact that he stuck a photo of Dolly up, beside his work station? And have Simon and Jack’s singing voices s…
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Due to popular demand (one listener), Simon returns for the final episode of Season 7. He is joined by Jack and Blair and they discuss three Christmas party employment tribunal claims. One case involves a fight on the dancefloor (Westlake v ZSL London Zoo). The second involves a Christmas party promise (Judge v Crown Leisure Limited). And the third…
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In the last episode of season 7, we reach the end of the “Long and Winding (Newbie) Road”. Employment lawyers Jack, Blair and Stephen discuss how “We Can Work It Out” when taking a new recruit through a probationary period and induction process. Blair gives some valuable tips on how “To Hold the Hand” of new starts; Jack offers advice on sorting ou…
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Employment Lawyers Stephen, Blair and Jack discuss the do’s and don’ts of pre-employment health questions. In addition to lots of useful tips about how to avoid exposing your business to a discrimination risk, we also learn which member of the team is a demon on the dancefloor. Blair shines in the mini quiz. Stephen is getting into the spirit of fe…
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The Newbies well and truly take over this week as Stephen is joined by Paul Nash of Blackadders Corporate team with a focus on all things data protection. We look at why it is important for employers to be aware of their data protection obligations from the outset and throughout a recruitment process and offer our top tips on the main areas which c…
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In Episode 5 of Season 7, Simon returns and is joined by Jack and Blair to discuss confidentiality and restrictive covenants. They highlight top tips when drafting confidentiality clauses in employment contracts and how make sure that restrictive covenants are enforceable. We also find out which song one of Simon’s clients performed when giving evi…
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Season 7 is ‘The Newbies’ series of podcasts. The ELiYP team will be looking at the ins and outs of recruiting and integrating new employees into the business, together with identifying some legal pitfalls. In this episode: Employment Lawyers Stephen, Blair and Jack discuss the all important employment contract and job offer letter. In addition to …
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Season 7 is ‘The Newbies’ series of podcasts. The ELiYP team will be looking at the ins and outs of recruiting and integrating new employees into the business, together with identifying some legal pitfalls. In this episode: Stephen, Jack and Blair discuss the important checks that need to be carried out before formally employing any successful appl…
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In Season 7 Episode 2, Employment Lawyers Simon, Jack and (newbie) Blair discuss the selection process which may involve shortlisting applicants, interviews and reasonable adjustments for suitable candidates. They also give some examples of questions not to ask during an interview process and there’s a niche Trainspotting reference thrown in. But, …
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Season 7 is 'The Newbies' series of podcasts. The ELiYP team will be looking at the ins and outs of recruiting and integrating new employees into the business, together with identifying some legal pitfalls. In this first episode, Employment Lawyers Simon Allison and Jack Boyle welcome a new colleague to engage in a discussion about the initial stag…
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Given the massive demand for more podcasts before Autumn, Simon and Jack have relented and released their final (bonus) podcast in The Law Behind The Headlines season. Season 6: 'The Law Behind the Headlines' series of podcasts. We take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with th…
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In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In the finale of Season 6: Simon and Jack discuss the headline “Scots Costa Worker wins £14k payout after being sacked for grabbing jacket during fire alarm”. The Emp…
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In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In this episode, Michelin-starred chef is dismissed for letting his two young boys play football in his restaurant during a private party for friends and family. Simo…
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Season 6: 'The Law Behind the Headlines' series of podcasts. The ELiYP team tell a story, week by week, about a situation which the team has encountered. The team then discuss the law relating to that situation. In this episode: Simon and Jack discuss the headline “Care worker sacked over Facebook post, saying there were no decent, honest Muslims”.…
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Season 6: 'The Law Behind the Headlines' series of podcasts. The ELiYP team tell a story, week by week, about a situation which the team has encountered. The team then discuss the law relating to that situation. In this episode: Lidl caretaker is dismissed for showing colleagues his swastika tattoo. He lodges race discrimination and unfair dismissa…
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Season 6: 'The Law Behind the Headlines' series of podcasts. The ELiYP team tell a story, week by week, about a situation which the team has encountered. The team then discuss the law relating to that situation. In this episode: Simon, Jack and Ruth discuss the headline, “Gym trainer with fear of sweat wins disability claim after refusing to pick u…
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In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In this episode, Simon and Jack discuss the headline, “What?????? University Lecturer wins £15k for using too many question marks in texts – but Judge rules excessive…
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Season 6.4: The Law Behind The Headlines | Half A Man In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In this episode, Simon and Jack discuss the case of Staines v North Yorkshire Fire and Rescue Service. This case…
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In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In this episode, Simon, Jack and Ruth discuss a Solicitors Disciplinary Tribunal case against Victoria Whelan with the headline, “Junior solicitor suspended over emai…
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In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In this episode, Simon and Jack discuss the Daily Mail headline, “Officer sacked for calling black colleague ‘King of the Jungle’ wins £16,000 payout as Judge rules h…
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Season 6, Episode 1: In this season, we take a look at the stories making the headlines and ask, “Is this case for real? How did the employer get away with that? And what is the law behind the headlines?” In this episode, Simon and Jack discuss the landmark case of Kubilius v Kent Food Limited which is the first reported case that determined the we…
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During Bruce’s appeal hearing, he alleges that the chemicals used to make up the pills were not properly labelled, in breach of health and safety legislation. Bruce states that it was only a matter of time before somebody else made his mistake. Does Bruce’s statement make him a “whistle blower”? If so, does Bruce have a claim for detriment against …
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So Bruce has been dismissed. However, he has appealed the decision to dismiss him. His letter states that he has rheumatoid arthritis and this causes him to have sore fists. Does Bruce’s condition amount to a disability? If so, what investigation, does his employer need to carry out at the appeal stage about his “disability”? Is Bruce’s dismissal d…
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Following his dismissal, Bruce is annoyed with SHIELD and phones HR. During the call he is upset and complaining about the way he has been treated and mentions he wants to see information that supports the allegations made. He finishes the call by vowing to “make SHIELD sorry” for messing with him (with flecks of green appearing in his eyes)! The n…
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Simon and Jack discuss Bruce’s circumstances. Bruce has requested an adjournment of the disciplinary hearing. Ms Potts, the employer’s HR Manager, allows Bruce’s request and tells Bruce that the meeting will instead take place the following week. The day before the adjourned hearing, Bruce submits a fit note, stating that he has sore fists and is u…
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