Article Category: Education – Insight & Opinion

Disclosure and Barring Service (DBS) changes implemented on 1st August 2019 saw the introduction of a withdrawals policy. This policy means that DBS will no longer amend enhanced DBS check applications — made after 1st August 2019 — where missing or incorrect information has been identified in particular fields (detailed below). The applications in question… Read more »

Schools will be familiar with the DfE’s ‘Keeping Children Safe in Education’ and ‘Working Together to Safeguard Children’ documents. A recent update which will be published on 2nd September 2019 has further strengthened the requirements for schools and academies, and will bring about a new Keeping Children Safe in Education 2019 document. The document is… Read more »

The Court of Appeal has confirmed that term time workers’ holiday pay should not be on a pro-rata basis, but should instead be calculated using their average earnings over the preceding 12-week period. Lord Justice Nicholas Underhill stated that the working time regulations did not require leave for workers to be reduced to a pro-rata… Read more »

It has been well publicised of late how important it is for employers to undertake a fair, reasonable and impartial investigation process. The recent case of the Governing Body of Tywyn Primary School v Aplin emphasises this, bringing to light constructive dismissal and possible discrimination during their disciplinary investigation process. What happened? An openly-gay headteacher,… Read more »

Mr Lone was dismissed for gross misconduct from his position following a complaint made by a female colleague. The colleague complained of unwanted messages and emails sent by the Claimant. Following the dismissal, a professional conduct panel for the Teaching Regulation Agency (TRA) recommended to the Secretary of State that a prohibition order be put… Read more »

Disciplinary investigations are the foundation of any disciplinary proceedings. The investigation needs to be both fair and reasonable, impartial and the accused must have the opportunity to comment on relevant documents and evidence. The recent case of Mr M Whittaker v Governing Body of Sutton Oak Church of England Primary emphasised the importance of these,… Read more »

Our requirements for a particular role have changed and we need someone with different qualifications. Can I redeploy the employee in that role to another site or make them redundant if they refuse?  This is potentially a redundancy situation; the employer’s need for a particular skill set has changed and the need for the kind… Read more »

Sickness absence can be extremely expensive, potentially disruptive and can have a significant impact on the productivity and welfare of colleagues due to increased workloads. A good Occupational Health (“OH”) specialist can be the key for the effective absence management to the benefit of the employer and, often the employee. What should you expect from… Read more »

You may have read my previous blog on the case London Borough of Lambeth v Agoreyo which considers whether a teacher could claim constructive unfair dismissal as a result of suspension. The case has been heard for a second time, in the Court of Appeal, and the ruling is one that teachers and employers need… Read more »

Following the cases of Mezey and Gogay, we are all aware that suspension from duty of a qualified professional, such as a teacher, is not considered to be a neutral act. It shouldn’t be used as a ‘knee jerk’ reaction and could ultimately lead to unfair dismissal claims. Does the suspension of a teacher breach… Read more »