HR conference for school leadersEmployment law update

Employment law update

Heather Mitchell, Associate, Browne Jacobson LLP11 October 2016

Overview

• Education White Paper• Trade Union Bill• Case Law Update• What to expect

Staffing implications of the White Paper

Educational Excellence Everywhere

Educational Excellence Everywhere

White paper - Training and recruitment

• NCTL to be reformed, including new job advert website• QTS to be replaced• New standard for Teachers’ Professional Development• College of Teaching to be created• National Teaching Service to be created

White paper – Teacher retention

• Push to making the professions more flexible – part time working?

• Commitment to address workload concerns

White paper – Developing and supporting leaders

• New national qualifications for leaders (through reformed NCLT)

• Relation support to be offered through the new NTS• Improvement period to be introduced to encourage

successful leaders to move to challenging schools

White paper – Push for diversity

• Focus on leadership• Support and funding aimed at addressing areas of

underrepresentation• Support for increased in flexible working routes,

including headship

Trade Union Act 2016

Trade Union Act 2016

Trade Union Act

Strikes only permitted where 50%+ of workforce have voted AND education (and health, fire & transport) require support of 40% of those entitled to take part in strike ballot & majority of those who vote

Voting requirements

New criteria applies to votes:

• in separate work place ballots• aggregated ballots (national strike)

Impact for Multi Academy trusts

Historical ballots

Ballots will only be valid for 6 months:

• a 3 month extension can be agreed• thereafter there would need to be a new ballot

Picketing

• a supervisor must be appointed by the union• letter of approval must be given to the supervisor• this letter must be provided to employer

representative if requested

Case law update

Redundancies – need for collective consultation?• Duty to consult collectively arises when 20+

dismissals proposed at ‘one establishment’

• Woolworths case – is each store ‘one establishment’?

• Impact for Multi Academy Trusts.

USDAW and another v WW Realisation 1 Ltd (in liquidation), Ethel Austin Ltd and another (C-80/14)

Age discrimination in capability dismissals• UPS3 teacher alleges that she was ‘managed out’

because she was too expensive

• Scope for successful age discrimination claims?

Bethnal Green and Shoreditch Education Trust v Dippenaar EAT 2015

What to expect

Tax treatment of consultantsFrom April 2017

• Burden for correct tax to be paid shifts from ‘off payroll worker’ to the public body engaging service

Taxation on settlement agreementsFrom April 2018

• The distinction between contractual and non-contractual PILONS will be removed

• All payments that an employee receives, or would have received, during their notice period will be taxable

• Employer NICs will be payable on payments above £30,000.

Consultation on grandparent leave

Should grandparents be able to share parental leave?

• Consultation was due to be launched May 2016

Employment Tribunal judgements online

Any questions?

Further information www.brownejacobson.com/education

Contact us

Heather Mitchell0207 871 8511Heather.mitchell@brownejacobson.comwww.brownejacobson.com/education

Please noteThe information contained in these notes is based on the position at March 2016 . It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so.

© Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership.