News & insights
Common themes arising from the ESFA’s assurance work
The government has just issued a briefing note that provides an overview of the key findings from the ESFA’s assurance work in the 2021 to 2022 assurance year. We summarise these findings. Academy trust financial statements The deadline for submission of the 2020/21 financial statements was 31 December 2021. By that date, trusts were required to submit […]
Read MoreAcademy required to pay £24,290 in unfair dismissal and disability discrimination claim
In Mr A Chucha v Calthorpe Teaching Academy, the employment tribunal (ET) considered whether a school had unfairly dismissed a teaching assistant for failing to consider properly ill-health retirement before dismissal on the grounds of capability. Mr Chucha also brought a claim of disability discrimination. Background Calthorpe Teaching Academy is a special school for pupils […]
Read MoreGovernment support with employee health and disability
The government has introduced a new online service to provide information and advice to support and manage employees with disabilities or other health conditions. The service is aimed at smaller businesses, which may not have access to internal advisors or occupational advisors, to help them better manage people with disabilities and conditions and to develop […]
Read MoreOverseas checks on staff
The Disclosure and Barring Service (DBS) is the public agency for processing requests for criminal records checks for England, Wales and Northern Ireland. However, the DBS cannot access criminal records held overseas. In addition, since the UK’s exit from the EU, teacher status checks from the EEA are no longer available from the Teacher Services […]
Read MoreWas dismissal a reasonable response in the circumstances?
This was the question the employment tribunal (ET) was asked to consider in the case of Mrs Dumigan v The Mount School Limited. The Mount School is a private school for children aged 3–11. Mrs Dumigan was employed as a piano and singing teacher at the school from October 1997 to December 2021. In this […]
Read MoreNew Acas guidance on suspension
Acas has published new advice for employers on how to consider and handle staff suspensions at work. It includes important wellbeing considerations which employers should make during the whole of the suspension process. The new Acas guidance states that an employer should only suspend someone if it is necessary, for example: While carrying out an […]
Read MoreRight to work checks
During the pandemic, the government introduced adjusted right to work checks for British and Irish nationals so that the rules were relaxed to avoid in person checks and to allow copy documentation. From 1 October 2022, the system for these nationals will revert to one of either: Meeting the employees in person and physically checking appropriate documentation, […]
Read MoreConsultation to introduce controls on public sector severance payments
You may recall that in November 2020, the government introduced legislation to place a statutory cap on public sector exit payments to a maximum of £95,000 for loss of office or employment. The cap had been a long time in the making, with consultation in respect of reforming exit payments beginning as early as 2014. The […]
Read MoreDoes long COVID amount to a disability?
It can do. By way of reminder, the Equality Act 2010 states a person has a disability if they have a ‘physical or mental impairment’ that has a ‘substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’. Employment judges will break down each part of the definition and apply it […]
Read MoreAcademy trust handbook 2022
Since early July, CEFM has been asking the DfE/ESFA to inform us when the latest version of the academy trust handbook (ATH) would be published. For weeks there was no response at all, but in early August we received an email from the DfE saying that academies should continue to use the 2021 version next […]
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