Archived Legal Articles from 2018

Together we are Forbes

Education

December

Questions we have been asked this month

19/12/18

Use of school facilities for breakfast clubs and other after school activities - what are the school's responsibilities when hosting these activities? The responsibilities that a school may have when its facilities are being used for breakfast clubs and other after school activities will…

Managing the performance of employees with disabilities

19/12/18

Where there are issues with an employee's performance, employers should always consider whether a disability could be affecting their behaviour or ability to perform. A disability is defined under the Equality Act 2010 (Act) as 'a physical or mental impairment which has a substantial and…

HSE Urges Schools to Review Traffic Arrangements after the Death of a Pupil

17/12/18

Bridgend County Borough Council has been fined after a boy ran into the path of a school bus and was killed. In 2014, the boy had finished school and was crossing the road to board his bus home when the collision with a minibus took place. The HSE found that the layby created before the school…

Schools are you prepared for winter?

17/12/18

Following a week of snow and plummeting temperatures it is the ideal time to consider whether your organisation is prepared for all the winter season might have to offer. Here is a quick checklist to ensure that you have appropriate systems in place and taken the necessary steps to protect staff, pupils…

Back to top

November

Increasing Trend of HSE interventions within Education Establishments

20/11/18

The HSE reported following the introduction of the new Sentencing Guidelines in February 2016, that in the following year to end March 2017 there had been a 80% increase of fines from the previous year - an increase of fines of £69.9m from £38.8m. Admittedly, the increase in fines is…

Age Verification for School Online Services

20/11/18

It is a factor of modern life that more and more aspects of education are moving onto digital platforms. From school websites to mobile applications, cloud services to distance learning, more and more personal data is being processed online, and in the case of schools this would involve the personal…

Back to top

October

Questions we have been asked this month

19/10/18

Q. What would happen if, during a restructuring process, a teacher opted to move to part-time working? Would his/her salary be safeguarded at the original level or at a pro-rata level? A: 36.1 of the states that "Whether the teacher was a full-time teacher or a teacher in regular…

Capita SIMS data breach affecting pupil data

19/10/18

In July 2018, the ICO formally acknowledged a data breach involving the Capita SIMS system. The data breach affected a number of schools who use their services. The report to the ICO was made pursuant to the GPDR, which came into force on 25 May 2018, which confirms that controllers have an obligation…

Keeping Children Safe in Education

19/10/18

An updated version of Keeping Children Safe in Education came into force on 3 September 2018. Annex H on pages 104-111 of Keeping Children Safe in Education sets out the changes in full and is a helpful starting point for school leaders and governors. In accordance to Part 1, all staff working in…

Back to top

September

Back to top

June

Stress caused by a disability leads to discrimination finding

19/06/18

In city of York Council -V- Grosset The Court of Appeal upheld a claim for stress arising out of a disability amounting to discrimination in the workplace. Mr Grosset, an English teacher, who had cystic fibrosis was suffering an increased workload. In conjunction with this, his Department had…

Questions we have been asked this month

19/06/18

Q: Do we have to open up applications for a full time position to staff on fixed term contracts? A: Yes, a fixed-term employee has the right not to be treated less favourable than a comparable permanent employee with regards the terms of their contract or any other detriment. Regulation 3(2)(c…

Back to top

April

Unexpectedly high Gender Pay Gap reported in schools

04/04/18

With the 4 April 2018 deadline for submitting gender pay gap information looming, of 181 primary and secondary schools who have now reported on their pay figures only 11 pay women more than men. And of the 100 companies with the biggest pay gap across England, Wales and Scotland that have reported on…

Back to top

March

Questions we have been asked this month

23/03/18

Q. Is it possible to employ agency teachers to cover teaching staff who are going on strike? A. It is not lawful to supply agency workers to perform the duties normally performed by an employee who is taking part in a strike. Regulation 7 of the Conduct of Employment Agencies and Employment…

Back to top

February

Head teachers call for fairer salary framework

28/02/18

Head teachers in England have called for a fairer framework addressing the pay levels of all school staff to prevent "fat cat" pay gaps. This follows the revelation earlier this month that the Chief Executive of the Harris Foundation, Sir Dan Moynihan, had become the first in the state sector…

Questions we have been asked this month

16/02/18

Q. Can a fixed term contract (FTC) be brought to an end before its expiry? Does a fixed term worker have the same rights? A. It is commonly mistaken that a Fixed Term Worker does not share the same rights as a permanent employee. Under the Fixed Term Employees (Prevention of Less Favourable…

Suspension of Employees in Schools

16/02/18

In a recent Court of Appeal case ( Simon Agreyo v London Borough of Lambeth (Appeal)) the court concluded that suspension should not be a ' knee-jerk' reaction and that alternative options that would be reasonable should be taken into consideration. This case has followed on from similar case…

Back to top

Archive