Agoreyo v London Borough of Lambeth (High Court) The High Court has confirmed that, even in cases involving serious employee misconduct, suspension should not be a ‘knee-jerk’, default reaction on the part of employers. Decisions to suspend that are not carefully considered, explained and properly documented can constitute a breach of the implied term of… Read more »
LEARN MOREEmployers have been found to be in breach of the implied term of trust and confidence through “knee-jerk” suspensions. Cases of constructive dismissal have also been built from suspending an employee unnecessarily. Suspension should always be a last resort, and you should always consider whether any, less onerous, alternatives are possible (such as the individual… Read more »
LEARN MOREWhilst there is some misconception in this regard, the Employment Appeal Tribunal (EAT) has confirmed that, where the employee’s contract does not prevent this, the employee is permitted to take sick leave and claim statutory sick pay for a job which they have been declared medically unfit to carry out, while working in a different job which… Read more »
LEARN MOREHow to support staff to apply for settlement status One million EU Citizens and their families have now been granted status to remain in the UK. Many more EU Citizens still need to apply for the EU Settlement Scheme. If you have employees within your School who are yet to apply for status you can… Read more »
LEARN MORETeachers have a right to appeal against the decision on pay progression. The Schools Appraisal and or Pay Policy should set out the right of appeal and the process in which to follow. Schools must ensure they follow the policy when dealing with an appeal in order to minimise risks such as constructive dismissal, breach… Read more »
LEARN MORETeacher (cost of living) Pay Increases September 2019 At the end of the Summer term this year the Government announced that it proposed to accept the recommendations of the School Teachers’ Review Body of a 2.75% uplift to the minima and maxima of all teacher pay ranges and allowances. A consultation is taking place which ends on… Read more »
LEARN MOREGuidance 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 »
LEARN MOREIn 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 »
LEARN MOREIn 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 »
LEARN MOREOccupational 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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