Personnel

Harpur Trust v Brazel – plot twist as government consultation begins to address anomalies arising from the judgment

Posted on January 25th, 2023

Schools and academies are aware of the widely published judgment of Harpur Trust v Brazel. Last year the supreme court reached its final decision to address the correct legal interpretation of how holiday entitlement must be calculated for permanent part-year and irregular hours workers. Schools and academies typically use several atypical worker contracts due to […]

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Personnel

Statutory minimum wage rates and statutory benefits

Posted on January 23rd, 2023

Statutory minimum wage rates The government has accepted in full the recommendations of the Low Pay Commission and announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) to apply from 1 April 2023.   Rate from April 2022 Rate from April 2023 Annual increase Annual increase National living wage (over 22) £9.50 […]

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Personnel

New Health and Safety Executive (HSE) talking toolkit

Posted on January 4th, 2023

The HSE has issued helpful guidance to assist employers support workers with long-term health conditions and disabilities. It includes questions to help employers have conversations with workers, focusing on the following seven principles: Create a supportive and enabling workplace. Take an inclusive approach to workplace health. Understand the work barriers that impact on workers. Make […]

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Personnel

Teacher awarded over £460,000 in racial discrimination and unfair dismissal case

Posted on December 20th, 2022

In Mrs C Burton-York v Diocese of Westminster Academy Trust, the employment tribunal (ET) considered whether Mrs Burton-York, a black Afro-Caribbean teacher, had been racially discriminated against, as well as unfairly dismissed. Mrs Burton-York started working as a teacher of geography at Douay Martyrs School in 2004. In April 2012, the school joined the Diocese of […]

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Management

NFER data dashboard – teacher recruitment and retention

Posted on December 13th, 2022

Recent figures show that the government has missed its target for recruitment of secondary school teachers this year – 41% below target. Also, for the first time, the recruitment of trainee primary teachers is 7% below target. It is against this background of trainee teacher shortage that a data dashboard has been created by NFER […]

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Personnel

Making flexible working the default

Posted on December 12th, 2022

In 2003 legislation was introduced giving employed parents and certain carers the right to request flexible working after 26 weeks continuous service. This right was extended to all employees in 2014, again for those with 26 weeks of continuous service. In 2019, as part of the manifesto, the Conservative Party outlined a commitment to ‘encourage flexible working […]

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Personnel

Music peris and assessing employment status

Posted on December 2nd, 2022

In Mr Alex Kitchener v Cranleigh School, the employment tribunal (ET) considered whether Mr Kitchener, a music peri, was an employee within the definition of s230 of the Employment Rights Act 1996. Mr Kitchener is a music teacher who started working at Cranleigh School, a co-educational independent day and boarding school in Surrey. On 24 […]

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Personnel

When should a document be disclosed during an investigation?

Posted on November 24th, 2022

In University of Dundee v Mr Prasun Chakraborty, the employment appeal tribunal (EAT) considered whether an earlier version of a grievance investigation report was disclosable during tribunal proceedings. Mr Chakraborty started employment with the university on 28 January 2013 as a post-doctoral research assistant. Grievance raised On 10 November 2021, he sent an email to representatives of the university […]

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Personnel

Can settlement agreements settle ‘future’ unknown claims?

Posted on November 22nd, 2022

No – according to the Scottish employment appeal tribunal (EAT) in the recent case of Bathgate v Technip UK Ltd. Mr Bathgate was a seafarer who worked aboard a ship called Deep Blue as a chief officer until June 2016. From June 2016, and until his voluntary redundancy in January 2017, he worked in a variety of onshore […]

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Personnel

When should consultation take place in a redundancy situation?

Posted on November 14th, 2022

In Mrs S Mogane v Bradford Teaching Hospitals NHS Foundation Trust, the employment appeal tribunal (EAT) considered whether the employment tribunal (ET) had overlooked aspects of the consultation process in its deliberations. Background Mrs Mogane, a band 6 nurse, along with another band 6 nurse, had been employed by the trust on fixed term contracts. […]

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