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Guidance on KCSIE September 2019

Guidance on Single Central Record content and clarity on Section 128 checks has been long sought after by Education professionals. It’s reassuring to see this is now part of the content in the updated KCSIE guidance for September 2019. We strongly advise all Schools review their Single Central Record against the checklist to ensure compliance…. Read more »

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Phased Return to Work

In some circumstances a phased return to work following a period of sickness absence may benefit the employee and provide a route to return to work that is manageable. Often offering a phased return in these circumstances will result in the employee fulfilling their contractual hours sooner which is more cost effective for the employer…. Read more »

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Case Law: A discriminatory decision to dismiss is very likely also to be unfair dismissal

In O’Brien v Bolton St Catherine’s Academy, the Court of Appeal considered whether a dismissal could be fair if it has been found to be discriminatory. Mrs O’Brien was a teacher and head of department. She was assaulted by a pupil and developed a stress-related illness which led to 12 months of sickness absence. During this… Read more »

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Occupational Health Referrals

Occupational Health referrals are often required when dealing with sickness absence or performance management to support both the School and the employee with a medical opinion on health related issues. In order to maximise the benefit of the report, it is important that  the right questions are asked as part of the referral to enable… Read more »

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Fixed Term Contracts

Many schools are appointing employees on Fixed Term contracts without being aware of their legal rights. This can be a complex area as individual circumstances will impact the rights and entitlements of the employee. Please see below a generic overview of the rights of a fixed term employee, however, please note individual contracts and employees… Read more »

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Safer Recruitment

Following the introduction of GDPR regulations in 2018, requesting self-disclosure of criminal records prior to receipt of an appointee’s DBS check, is no longer recommended. This includes: Using a tick box on an application form Asking applicants to complete a self disclosure form Asking applicants about their criminal record during interviews We recommend you review… Read more »

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Employment Law Update – January 2019

The Right to a Pay Advice Slip –  Two important changes to the Employment Rights Act 1996, affecting pay slip information, will come into force on 6 April: Employers must include the total number of hours worked where the pay varies according the hours worked, for example under variable hours or zero hours contracts. Payslips must… Read more »

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Update on the National Living Wage Foundation and Support Staff Pay

The UK Living Wage as prescribed by the charitable Living Wage Foundation has been revised and all employers who have made the commitment to pay this rate will need to ensure that pay arrangements fall in line with the new rate of £9.00 (outside of Greater London) by 1st May 2019. Schools who currently pay… Read more »

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Teachers’ Pay Grant and Pension Changes

Teachers’ Pay Grant The government has revealed how it will dish out extra cash to fund teacher pay rises this year, with schools set to be paid the grant later this autumn, new documents show. It was announced in July that teachers would get a rise of up to 3.5 per cent this year, after… Read more »

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Is the time limit for bringing an Employment Tribunal claim going to be extended?

Currently, Employment Tribunal claims for unfair dismissal and discrimination claims must be brought within 3 months of the employment relationship ending or of the act of discrimination occurring. Redundancy pay and Equal Pay claims have a 6-month time limit. The Law Commission is now consulting on a range of proposals to the Employment Tribunal system… Read more »

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