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 workplace. Mr Grosset, an English teacher, who had cystic fibrosis was suffering an increased workload. In conjunction with this, his Department had suffered a dip in learning outcomes following the move to the Progress 8 Attainment Standard. As a result, the new Head Teacher imposed more stringent performance measures on him - it is worthy of note that the Head Teacher did not know of Mr Grosset's medical condition.

As a result of his condition, Mr Grosset had to undergo a strenuous course of daily exercise. The effects of the cystic fibrosis was exacerbated in times of stress. Whilst he was under such stress, Mr Grosset, without seeking parental consent, showed a group of students an 18 rated film. The students in question were aged between 15 and 16.

Questions we have been asked this month

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) of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) specifically provides that this right applies in relation to the opportunity to secure any permanent position in the establishment.

Unexpectedly high Gender Pay Gap reported in schools

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 their figures to date, 40 are primary and secondary schools, with 10 of those having a median pay gap of 50% or higher.

Employers with more than 250 staff are required to publish data for their median average hourly pay for men and women, with the median hourly rate for men and women used to define the gender pay gap. This gives an insight into how many women get into senior and well paid positions.

DPO Support Package

Forbes’ Commercial and Employment teams working together, offer a practical and competitive package to provide specialist support to your Data Protection Officer and your organisation.

For one fixed price which can be paid monthly; quarterly or annually; you will receive dedicated support and training giving you assurance that you and your DPO are meeting with compliance requirements and support is on hand whenever it is needed.

Our packages are flexiable and can be tailored to meet your individual needs. For further information and to discuss how our DPO Support Package could benefit you and your organisation please don’t hesitate to contact us via email DPOsupport@forbessolicitors.co.uk or phone Ruth Rule-Mullen on 01772 220195 or Daniel Milnes 01254 222313.

Forbes Solicitors understands the need for cost effective, quality Employment & HR advice and support, which is where Primary Schools HR Solution comes in.

For a one off fee Primary Schools HR Solution gives you the assurance and flexibility that unlimited HR and Employment support is always only a phone call or email away. Having Primary Schools HR Solution in place enables you to deal with issues from the outset in a professional manner to achieve the best outcome.

For £950 plus VAT (per annum) Primary Schools HR Solution gives you peace of mind for Employment and HR advice. For more information please click here.

To discuss on how Primary Schools HR Solution could benefit your school and for further information please don’t hesitate to contact the Education team on 01772 220224 or email PrimarySolution@forbessolicitors.co.uk.

From all of the Education team at Forbes we hope you've had a successful end of term and wish you an enjoyable summer break.

Save the Date

Our next Lancashire Education Forums at Brockholes Nature Reserve on the following datres, further details will be sent out nearer the time.

Thursday 15th November
Thursday 7th February
Wednesday 22nd May