Article Category: Education – Insight & Opinion

Changes to the DBS Check: How will they affect your school?

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 »

New Rules Announced for Keeping Children Safe in Education

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 »

Term Time Workers’ Holiday Pay Should Not Be Pro-rata

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 »

How a Flawed Disciplinary Process Can Lead to Constructive Dismissal Claims and Discrimination

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 »

Prohibition Order: The case of Lone v Secretary of State for Education

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: Beware of the pitfalls

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 »

What are the Benefits of a Good Occupational Health Report?

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 »