Legal Article
08/12/17
Q. There has been some confusion that has arisen as to the exact salary of a part-time worker. The contract does not state the salary but only refers to it being pro-rated to the full time equivalent. How can we ensure certainty in the future? A. Whilst it is common practice to state that a…
Legal Article
08/12/17
The immediate answer in everybody's mind would be yes - especially in schools where the burden for employment checks is especially high. S15 of the Immigration, Asylum and Nationality Act 2006 makes it unlawful for an employer to employ and adult who is subject to immigration control. However,…
Legal Article
21/11/17
Q. In 2015 member of staff in discussing workload with another more junior member of staff has purportedly authorised an increase in hours for the junior staff member equating to 7 hours per week. The junior staff member had not realised until now and has since raised a grievance regarding the…
Legal Article
21/11/17
Metropolitan Police v Denby UKEAT/0314/16/RN [2017] The Claimant, a male officer, was leader of a group within a local force which was consisted of mainly male officers. There was a clear deficiency in gender diversity within this particular group of officers. Deputy Assistant Commissioner…
Legal Article
16/11/17
The General Data Protection Regulation (GDPR) will come into force in the UK from 25 May 2018 and will apply to all ' controllers ' and ' processors ' of ' personal data' . The education sector holds vast amounts of personal data relating to its employees, students and pupils who…
Forbes News
23/10/17
Five members of staff at leading North West legal firm Forbes Solicitors are celebrating after qualifying as Solicitors. Amy Chadwick, Rebecca McCann, Laura Marsh, Bethany Paliga and Stacey Lakeland are now beginning the next stage of their careers with the firm. Amy, based in the Leeds…
Forbes News
19/10/17
Forbes Solicitors is celebrating after receiving 44 recommendations for its lawyers and services in the 2017 Legal 500 rankings, up from 31 in 2016. The leading North West legal firm is also delighted to reveal that the firm has been recommend for the first time for Education , Clinical Negligence…
Legal Article
03/10/17
Q. Will an NQT teacher accrue continuous service for the purposes of unfair dismissal? A. The answer to this question will depend on where the service was accrued and the governance structure of the school. If the NQT trained at the same school into which they have qualified, then it is likely…
Legal Article
03/10/17
Contracting with third parties can be a minefield if you are unsure where to look. You may find yourself being subject to the onerously one-sided terms of a supplier even before you are aware that a contract has been formed. When contracting with third parties, it is important to agree contract…
Legal Article
27/09/17
The General Data Protection Regulation (GDPR) will come into force in the UK from 25 May 2018 and will apply to all ' controllers ' and ' processors ' of ' personal data' . The education sector holds vast amounts of personal data relating to its employees, students and pupils who…
Legal Article
20/07/17
Q. We have a member of support staff whom has accepted employment elsewhere but has not formally tendered her resignation as of yet. How does this impact on my ability to recruit a replacement? A. Practically speaking it would be advisable to keep an eye on the situation and ask the member of…
Legal Article
20/07/17
In most cases a safeguarding issue necessitating measures to protect a child will be the paramount consideration for most Education providers. However, as an employer you have to balance that consideration with fairness to your employee or risk facing an Employment Tribunal claim. It can be a fine…
Legal Article
20/07/17
The apprenticeship levy ('the levy') is now in force. The levy will affect employers with a salary bill over £3 million per year. The employer is required to pay 0.5% of their total salary bill (in most cases this will be basic pay including any additional allowances) less a £15,000…
Legal Article
23/06/17
Hartley and ors. V King Edward VI College [2017] UKSC 39 On February 1 2017 the Supreme Court allowed an appeal by the Claimants in this case, who sought to challenge the Court of Appeal's ruling that strike pay should be calculated as 1/260. The Claimants were lecturers at the…
Legal Article
08/06/17
For schools and colleges to serve their purpose, personal data of your pupils and students is an important asset. By providing various education and vocational courses you will be processing your pupils' and students' personal data and in some cases sensitive personal data. You are also likely…
Legal Article
24/05/17
Q. We have a member of staff who had a dispute with her line manager before the Easter break and did not return to work or submit a fit note. Can we send a letter stating we will treat her as having resigned from her employment? A. Sending a letter treating an employee as having resigned…
Legal Article
27/04/17
Q. What can be done if a parent and/or member of staff is speaking unfavourably about the School on Social Media? A. The situation is slightly different for a parent as it is for a member of staff. Where a member of staff is speaking unfavourably about the School on Social Media, this could be…
Legal Article
06/04/17
Isle of Wight Council v Platt [2017] UKSC 28 On 6 April 2017 the Supreme Court delivered its judgement, overturning the decision of the High Court which was that Mr Platt had not breached s444(1) of the Education Act 1996, as his daughter's attendance was otherwise regular notwithstanding the…
Legal Article
21/03/17
O'Brien v Bolton St Catherine's Academy [2017] EWCA Civ 145 Mrs O'Brien was Head of ICT at Withins School, Bolton and subsequently St Catherine's Academy, Bolton after the School converted into an Academy. Mrs O'Brien was assaulted at the School by a pupil, which although she…
Legal Article
21/03/17
Q. If a member of our support staff team who is working over the normal retirement age requests to reduce their hours, are we able to discuss retirement? A. Following the abolition of the compulsory retirement age in 2011, it would be discriminatory to make attempts to make them reconsider their…
Legal Article
21/03/17
In light of the Spring Budget delivered earlier this month, education providers of all types should now be aware of the potential implications this announcements might have for them and particularly their consumer facing contracts. Philip Hammond said in his Budget speech: "We will shortly…
Legal Article
27/02/17
Most schools have substantial land assets under their control, for instance the land, buildings and playgrounds where the school is located, but also fields and sports pitches, and sometimes the occasional area of land that serves no real purpose in the day to day activities of the school. This land can…
Legal Article
24/02/17
Q. A member of staff was seen by the police near School premises using a mobile phone whilst driving the school minibus. The member of staff was not spoken to by the police officer, however, the police officer called the office to report the incident. A. This is a conduct issue which will need…
Legal Article
24/02/17
Towards the end of 2016, Britain saw arguably the most notable examples of industrial action since the 1980s. Strike action and disputes over various aspects of employment regularly entered the media limelight; ranging from disputes over pay to job descriptions. The mechanics of industrial action…
