Forbes Solicitors
Education eNews  January 2019

Government publishes proposed changes to employment law in its "Good Work Plan"


Questions we have been asked this month


Education Forums

Knowsley - 6th Feb

Lancashire - 7th Feb

Head teacher fined for breach of DPA

A former head teacher has been fined for unlawfully obtaining children's personal data from previous schools where he worked.

According to the ICO, the head teacher had obtained the information from two primary schools where he had previously been employed, and uploaded it to his then current school's server. As he had no lawful reason to process the personal data, he was in breach of data protection legislation.

A representative from the ICO, Mike Shaw, commented "Children and their parents or guardians have the right to expect that their personal data is treated with respect and that their legal right to privacy is adhered to. A head teacher holds a position of standing in the community and with that position comes the added responsibility to carry out their role beyond reproach".


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Government publishes proposed changes to employment law in its "Good Work Plan"

The main proposed changes affecting employers are:

  • All working people will be entitled to a written statement of rights from the first day of their employment setting out the terms of their work; including holiday entitlements for example.
  • The break in service for the calculation of the qualifying period for continuous service will be extended from one week to four weeks.
  • The pay reference period for calculating holiday pay will be extended to 52 weeks to take account of seasonal variation in workers' pay.
  • A right to request a more predictable and stable contract for all workers will be introduced. This proposed change resulted from the recommendation that such a right should exist for all agency workers who have been placed with the same hirer for 12 months.
  • The legislation allowing agency workers to opt out of equal pay entitlements will be repealed.
  • A new scheme will be introduced 'naming and shaming' employers who do not pay Employment Tribunal awards within a reasonable time.
  • A new obligation on Employment Tribunals will be introduced requiring them to consider the use of aggravated breach penalties and cost orders where employers are guilty of repeated breaches of the law. And Tribunals will be permitted to award uplifts in compensation if employers are found responsible for repeated breaches.



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Questions we have been asked this month

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 depend on the arrangements that it has in place for these activities.

If the school is providing these activities then it would need to ensure that its staff are recruited in accordance with applicable guidance and legislation such as Keeping Children Safe in Education. Further, that staff are trained in relation to health & safety, food safety and safeguarding. The school would also need to ensure that it has insurance in place such as public liability insurance should anyone suffer any accident or sustain injury, whilst on its premises. The school is likely to have insurance in place but it may need to consider whether additional cover is needed, as hosting such activities may not be covered by an existing policy.


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Education Forums

The forums, which are free to attend, are aimed at Head Teachers, School Business Managers, Finance & HR Officers, Senior Leadership Teams and Governors who want to keep up to date with relevant changes and developments in the education sector.

To book on either Education Forum please click the relevant link below -

The Knowsley Education Forum, The Village Hotel, Liverpool - 6th February.

The Lancashire Education Forum, Brockholes, Preston - 7th February.



Handling investigations in a school setting - How to ensure your investigation process is fit for Employment Tribunal

8.00am - 11.30am, Thursday 31 January
Hays, 4th Floor, City Tower, Piccadilly Plaza, Manchester, M1 4BT

Forbes Solicitors' Education Team in association with Hays, are delighted to invite you to attend our interactive session on handling investigations based in a school setting.

For further information or to book a place please click here


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