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Welcome to our April edition of Spot on for Schools; our newsletter bringing you up to date with matters that may be crossing your desk or on the horizon.
We have just completed our annual review of the template contracts of employment and staff handbook which we produce in conjunction with the ISBA and the IAPS. These should be available on their reference library. Any feedback is most welcome; we hope you find them useful.
Many of you may have seen the various guidance notes and templates we have produced for the ISBA in relation to the question of TPS membership. It was good to see many of you at the recent ISBA TPS briefing days. There is one more on the 30th April and we will look forward to seeing you there or at the ISBA Annual Conference in Manchester in May.
We are fortunate to be providing a legal update as part of the Conference programme and are delighted to be giving away reusable tea/coffee cups on our stand at Conference to the first 50 visitors. Please do come and say hello! We look forward to seeing you there.
If you have any feedback, please do get in touch.
With best wishes
Kristine |
Kristine Scott | | Partner, Head of Education Team
Direct Dial: +44 (0)1242 246403
Email: kscott@hcrlaw.com | | View profile |
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Updated GDPR Guidance from the Information Commisioner's Office |
The General Data Protection Regulation (GDPR) sets out a number of requirements concerning personal data. Failure to comply with the regulations could lead to substantial fines.
The Information Commissioner’s Office (ICO) have recently updated their GDPR guidance, specifically in relation to Data Protection Impact Assessments (DPIAs). They have also expanded their guidance on contracts, and introduced guidance on the roles of controllers and processors.
Read more |
Court clarifies when planning permission is required for development of school sites |
Development by schools can often be contentious, with it being common for local residents to be strong objectors to planning applications.
Although good communication with the neighbours is always recommended in advance of any development, ensuring the correct planning permissions are in place reduces the scope for objections, and is key to a smooth development process.
Read more |
Age Discrimination in the Workplace: New ACAS Guidance |
Over recent decades there has been a significant increase in the number of older workers, with research indicating that over 50s now make up nearly a third (31%) of the entire UK workforce. It is envisaged that this trend will continue as the state pension age rises. At the same time, there are fewer school leavers entering the employment market.
With this in mind, it is important that schools embrace a multi-generational workplace and take steps to ensure that their culture welcomes and protects individuals, regardless of their age.
Read more |
Review of the Modern Slavery Act 2015 - how this may affect larger independent schools |
An independent review into modern slavery legislation is gathering momentum and it could lead to tougher transparency requirements for larger independent schools.
The Home Office has recently published the independent review’s Second Interim Report which specifically considers the transparency in supply chains requirements of the Modern Slavery Act 2015. This follows on from the First Interim report that focussed on the role of the Anti-Slavery Commissioner.
Read more |
What is “long-term” in the case of an employee’s disability? |
The Equality Act 2010 makes it unlawful to discriminate against employees because of a disability. For the purposes of the Act, a person has a disability if they have a physical or mental impairment, and that impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
What is meant by “long-term” in this context was considered by the Employment Appeal Tribunal (“EAT”) in the recent case of Nissa v Waverly Education Foundation Limited.
Read more |
When is it reasonable to suspend an employee? |
There are circumstances in which it is appropriate and reasonable to suspend an employee pending an investigation. It is, however, important that a suspension is not a “knee jerk” reaction or a routine response to allegations of serious misconduct.
A term of mutual trust and confidence is implied into all employment contracts and an unjustified suspension could risk a breach of that term. The Court of Appeal, in the recent case of London Borough of Lambeth v Agoreyo, gave consideration to the extent to which an employer may suspend without breaching the implied term of trust and confidence.
Read more |
The Future of Church of England Academies - What comes next? |
Church of England Dioceses across the country have played a pivotal role in the academies programme since the early days. With 4,644 Church of England schools, it was inevitable that the decisions made to remain as voluntary aided or voluntary controlled schools or convert to academy status would have a profound impact on the educational landscape. Over 15 years on from the start of the academies programme, the question now to be asked is what comes next for the future of Church of England academies?
Read more |
Harrison Clark Rickerbys Ltd, 5 Deansway, Worcester, WR1 2JG |
Harrison Clark Rickerbys Ltd is authorised and regulated by the SRA |
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