Archived Legal Articles from 2016

Education at Forbes Solicitors - Play video
Education at Forbes Solicitors - Play video

Education

December

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November

Segregation of pupils in a faith school not discriminatory

29/11/16

In the case of R (On the application of The Interim Executive Board of X School) v Her Majesty's Chief Inspector of Education, Children's Services and Skills , The Interim Board of X School mounted a successful claim for judicial review of an Ofsted report, which had concluded that the School…

Questions we have been asked this month

29/11/16

Q: Is it necessary to inform a member of staff if they are subject to an investigation into safeguarding allegations? A: According to DfE guidance, it is necessary to inform the member of staff. In any event, in order to conduct a thorough investigation into the matter, the member of staff…

Nothing left in the tank? Funding Gap Bites

16/11/16

It will come as no surprise to most that funding shortages in Schools across the UK have been a cause for concern for a number of years with consistent headlines shouting of cuts, redundancies, deficits and strikes. But now, with the Government revealing that almost 1,000 local authority schools and…

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October

Questions we have been asked this month

26/10/16

Q: What is best practice for dealing with staff complaints about the behaviour management of a problem pupil? A: Problem pupils who display confrontational behaviour towards staff should ideally be taken out of the classroom to minimise disruption for both pupils and staff alike. Ideally a…

Constructive Criticism or Constructive Dismissal?

26/10/16

Can the criticism of a teacher give them grounds to resign and claim constructive unfair dismissal? In the case of Bethnal Green and Shoreditch Education Trust v Dippenaar , the EAT concluded that a teacher had been subjected to an unjustified capability process with a view to securing her resignation…

The Icing on the Cake

25/10/16

The Northern Ireland Court of Appeal has finally handed down its decision on the "Gay Cake" case. This case, more formally known as Lee v Ashers Baking Company, has clarified the position of whether one person's religious beliefs outweighs another's sexual orientation. The family…

School Wins Hockey Mouth Guard Claim

06/10/16

Megan Murray v Mark Mccullough, as Nominee on Behalf of the Trustees and on Behalf of the Board of Governors of Rainey Endowed School [2016] NIQB 52 The claimant was 15 when she was struck with a hockey stick whilst playing in a match for her school. She was not wearing a mouth guard and she…

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September

Questions we have been asked this month

21/09/16

Q: Am I obliged to give an employee time off to look after a sick child, and does this time off have to be paid? A: All employees have the right to reasonable time off during working hours for dependants to deal with unforeseen matters, therefore an employer is unable to refuse leave for this…

Are you ready for the GDPR?

21/09/16

The General Data Protection Regulation is set to overhaul the data protection regime in the UK. Some questions remain as to how it will be implemented due to Brexit since this is a measure introduced at European level. However, taking into consideration the changes that it brings it is likely to be…

Procurement in Education

21/09/16

An important aspect of managing any organisation is making effective use of resources. Procuring for the right price as well as complying with procurement law is crucial and school staff accountable for budgets and buying have a key role to play. Schools may have access to a range of frameworks…

Workplace Pregnancy Discrimination

01/09/16

The Women and Equalities Committee has published a report espousing legal recommendations to address the documented surge in workplace pregnancy discrimination over the past 10 years. The proposals include:- · Increased protection from redundancy for new and expectant…

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August

Motherhood causes significant pay disparity between men and women

23/08/16

Across today's headlines is the news that recent Institute for Fiscal Studies (IFS) research shows the difference in pay between men and women in the same job is on average, a staggering 18%, and the earnings gap widens significantly after women have children. The issue revealed by the research…

Half of women feel sexually harassed in the workplace

12/08/16

A recent study has revealed that 52% of women surveyed have suffered some form of sexual harassment whilst at work. The Trades Union Congress and Everyday Sexism Project conducted the surveys which found that more than half of the women asked had experienced unwanted sexual behaviour at work, including…

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June

Questions we have been asked over the past month and our top tips

24/06/16

Employment and HR queries we have received this month: Q: Can I insist that employees undertake training? If they refuse, what are our options? Generally speaking attending training sessions are a requirement in any professional job to ensure continued professional development. Certainly…

Contracting out - Are you covered?

24/06/16

All schools have a risk management policy, do regular risk assessments and have the safety of the pupils as their highest priority but does your risk management process cover all eventualities? In a case which has been rumbling along for several years Essex County Council as Local Education…

Advertising available positions internally only

24/06/16

Can we advertise available positions internally only? There is no specific legal obligation to advertise positions either internally or externally or in any particular way at all: it is an organisational decision to make. However, there are a few potential risks to be aware of in choosing how…

The case of Calliope Tardios

24/06/16

Most schools will be aware of the challenges that social media plays in the bullying of pupils. But what of teachers? Take the case of Calliope Tardios, who is head teacher of St John's Preparatory School. She was subject to a social media campaign by a disgruntled parent, Pamella Linton, who made…

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May

Article 8 Right to Privacy

27/05/16

Article 8, the Right to Privacy, is not engaged by an employer investigating emails How far can an employer go in investigating an employee's conduct where that conduct has had an impact on the workplace and / or their ability to do their job without encroaching upon an individual's right…

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March

Questions we have been asked this month

22/03/16

International DBS Checks Q: What Disclosure and Barring Service checks should be carried out on individuals who have lived or worked outside of the UK for a period of time? A: Disclosure and barring checks provide schools and colleges with one method for assessing job candidates and / or…

Every school to become an academy - what will this mean?

22/03/16

This week the Chancellor has confirmed plans for all schools in England to become academies. Here we look at the potential implications of this and what the change means. An academy is an independent, state-funded school, who receives their funding directly from the central government, rather than…

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February

Questions we have been asked over the past month and our top tips

25/02/16

Employment and HR queries we have received from schools this month: Q: Is it possible to place an employee on formal absence review for sickness absence whilst still signed off? A: Should a situation arise where an employee is absent due to long term sickness, it would be best practice to send…

Photographing Children at School and Nurseries

23/02/16

There has been recent media coverage regarding an employee at a nursery taking a photograph of a child on their first day of nursery playing with their friends to send the photo to the child's parent in order to reassure the parent that their child is settling in. It has been reported that Ofsted…

Naming and shaming illegal parkers outside the school gates

23/02/16

It is a common occurrence to find numerous parents illegally parking outside the school gates, be that; parking on double yellows, parking on the yellow zig zag keep clear signs, or directly in front of school gates in order to save time when dropping their children off. Illegal parking is…

Data Breaches in the Education Sector

23/02/16

Data Breaches in the Education Sector The unusual occurrence of data breaches are a thing of the past. 2014 was dubbed "the year of the data breach' (report by Experian) and it seems more and more we are seeing a range of organisations including educational institutions affected by data…

School and Early Years Finance (England) Regulations 2015

17/02/16

On 7 January 2016 the School and Early Years Finance (England) Regulations 2015 came into force. The regulations which are made under Part 2 of the School Standards and Framework Act 1998 were the subject of an earlier consultation that took place from 11 September 2015 to 13 November 2015. The…

Consultation closure for DfE Keeping children safe in education guidance

17/02/16

The Department for Education (DfE) consultation on its plans to change parts one and two of its Keeping children safe in education guidance closes on 16 February 2016. Within the consultation the DfE have proposed draft guidance for input from school and college staff, governing bodies,…

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Video length: 3m 59s

19 Jun 2018

Education

NEWS AND ARTICLES

Stress caused by a disability leads to discrimination finding

The Court of Appeal upheld a claim for stress arising out of a disability amounting to discrimination in the…

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