Forbes Solicitors
Education eNews February 2017

Industrial Action - a legal update

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 will change substantially with the introduction of the Trade Union Act 2016. The Act is expected to come into force in May 2017, and is set to increase restrictions on strike action, particularly strike action in areas deemed "Important Public Services" (IPS).

  Ruth Rule-Mullen

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Questions we have been asked this month

Q. Is there any extra protection afforded to NQTs in terms of dismissal?

A. NQTs are employees as qualified staff are. Therefore in terms of ability to dismiss this will depend first on length of service (i.e has the employee accrued less than 2 years continuous service) and secondly whether there are any Equality Act issues which may present the risk of a claim. Although, another consideration which will need to be borne in mind is whether there are any obligations to third parties, namely training providers and schemes such as TeachFirst or Schools Direct.


Land Assets

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 run to many acres, and the land is often situated in areas ripe for development, so represent a potentially valuable asset. The school might not want to see it developed, but equally will want to safeguard the value of the asset or preserve its options as regards future use of the land.

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Save the Date - Wednesday 17th May 2017

The next Lancashire Education Forum will be held at Samlesbury Hall, 8.00am - 10.30am on the 17th May.



The Academies Show

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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice