18/11/21
The ICO has announced that it has fined HIV Scotland £10,000 for failing to implement an appropriate level of organisational and technical security to its internal email systems. The breach of data protection law involved an email sent to 105 recipients; the contents of such emails included…
11/11/21
On 10 November 2021, the Supreme Court delivered its long-awaited judgment in the case of Lloyd v Google. The judgment will be welcomed by our clients and data controllers as it brings clarification to the rapid rise in claims being made for compensation following a data breach. However, whilst the…
07/09/21
Following concerns across the Education sector, on Friday 20 August, the Government announced that schools will receive up to 300,000 CO2 monitors to assess air flow and in particular, stale air around school buildings, backed by a £25 million Government investment. This appears to have been…
24/08/21
Section 123 of the Equality Act 2010 deals with the relevant time limits for discrimination claims under the Equality Act. This essentially gives a three month time frame within which relevant claims must be raised with the important caveat that conduct extending over a period is to be treated as done…
28/07/21
As readers will know, Ofsted was asked by the UK government to carry out a rapid review of sexual abuse handling in schools and colleges following mounting concerns about student and staff welfare, highlighted by large-scale disclosures on the 'Everyone's Invited' website. Ofsted…
01/07/21
The rules around international travel and restrictions are constantly changing, with returning to the UK from some countries currently at the time of writing this article, legally requiring a 10 day quarantine upon return to the UK. In the education sector, maintaining continuity of education for…
22/06/21
Teacher Assessed Grades and Requests for Information The ICO has recently published guidance for schools regarding what information they should publish proactively in order to comply with the Freedom of Information Act 2000 (FOIA) - ICO's blog on its information rights work | ICO. Public…
18/06/21
Disputes over school uniform policies and the enforcement of them are common, controversial and usually gain unwanted publicity. It is therefore important for a school to know what legal considerations it must take into account when formulating their uniform policies and also how best to resolve a…
18/06/21
Mr D Rodgers v Leeds Laser Cutting Ltd: 1803829/2020 Mr Rodgers brought a claim against his ex-employer for automatically unfair dismissal having been dismissed after refusing to attend the workplace over Covid concerns. The claimant did not have two years' continuous service at the…
18/06/21
The ICO has recently published guidance for schools regarding what information they should publish proactively in order to comply with the Freedom of Information Act 2000 (FOIA) - ICO's blog on its information rights work | ICO . Public authorities (such as maintained schools and academies)…
18/05/21
Our education team regularly run free, Q&A sessions via Zoom which gives attendees the opportunity to ask any questions that may be relevant to them at the time. Please see below a summary of some of the questions that we have been asked most recently and our responses. How long should a phased…
18/05/21
The House of Commons Library has just published a briefing paper on sexual harassment in education in England (link : https://commonslibrary.parliament.uk/research-briefings/cbp-8117/ ) It seeks to supplement existing statutory guidance ('Keeping Children Safe in Education Jan 2021')…
14/05/21
Unconscious bias has become a buzz word over recent months in HR, but what does it actually mean? And what is its impact on the education sector? It's such a soft concept that it is difficult to ascertain its application and the necessity and means to minimise and prevent its impact. The…
14/05/21
Risk management has never been so important, and to thrive, educational establishments need to be prepared to embrace the challenge of identifying areas of risk, and then working to creatively manage them. Any establishment prepared to identify and mitigate risk will create a healthy culture that…
14/04/21
Ofsted is to review how schools in England have dealt historically with sexual harassment and assault amongst pupils. This follows a pledge from the Education Secretary Gavin Williamson to take 'appropriate action' after thousands of accounts of sexual abuse from pupils were shared on the…
08/04/21
The difference between SATs and MATs is vast, from their structure to their functionality. They are different legal beings. The Government is pushing towards MATs and if you are a SAT you will be expected to have a strong case for staying that way. These are some of the key factors you should consider…
23/03/21
We consider the employment law and liability aspects of CEV employees wanting to return to the workplace. As the vaccine roll out continues to progress at speed and lockdown restrictions gradually ease, employers are likely to be contemplating and planning for the return to work for their employees…
26/02/21
How do the changes to the off-payroll working rules (IR35) due to be introduced in April affect schools? IR35 applies when a worker or self-employed contractor provides their services through their own limited company. The rules make sure that contractors, who would have been an employee if they…
25/02/21
On 4 February 2021, the Employment Appeal Tribunal (EAT) handed down judgment in the case of Allay v Gehlen. The case not only addresses the issue of discrimination and workplace harassment but also highlights the importance of providing appropriate training to staff. We feel this case has relevance in…
25/02/21
Earlier today, the Supreme Court handed down its long-anticipated judgment in relation to the action brought against Uber by drivers claiming to be workers as opposed to self-employed contractors. The judgment provides the answer to whether 'gig economy' workers can be classed as 'workers…
15/02/21
The Treasury has recently announced that long proposed cap on Public Sector Exit Payments (the Cap) which came into force on 4th November 2020 has been withdrawn effective from 12th February 2021 due to "unforeseen circumstances". Therefore any exit payments made after 12th February 2021…
10/02/21
National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…
28/01/21
December was a busy month for those involved in data protection compliance. Therefore, we've set out a short summary of the most relevant updates for our education clients. Brexit As you will no doubt have heard, the UK and the EU reached a trade and cooperation agreement on Christmas Eve…
28/01/21
As many will be aware, on 17 December 2020, the Government confirmed that all secondary schools and colleges in England will be required to partake in mass testing staff and students (known as 'lateral flow' testing), with effect from 4 January 2021. With the Christmas break looming, it left…
12/01/21
Last week, the education secretary Gavin Williamson stated that schools in England must continue to provide children with high-quality teaching despite the recent lockdown and school closures. The bulk of this education provision will need to be delivered by a mixture of remote teaching and in-person…
07/01/21
After the Christmas break period with schools reopening in January, unions including NEU and UNISON advised teachers not to attend the workplace and issued letters for their members to use when approaching their employers about this. In response to this advice, we advised our clients about the issues…
