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Education Update

Education briefings are sent monthly during term.

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May 2025

  • Do schools and colleges have to provide single-sex toilets for their students?
  • Revised guidance for schools and colleges is on the way following the Supreme Court ruling on biological sex
  • Do you need to inform someone on maternity leave about job vacancies and opportunities to be promoted? 
  • School exclusions: Court of Appeal downplays the public sector equality duty in the decision-making process
  • May 2025: news in brief

April 2025

  • How do you protect your staff from parental aggression and abuse? 
  • Teacher who said being LGBTQ+ was a sin and transgender people were “just confused” fails to overturn finding that she was guilty of unacceptable professional conduct
  • Free speech warning to HE and FE sector: get the law right or prepare to pay a substantial fine
  • Without ‘no touching’ policy it was unfair to dismiss Ofsted inspector for brushing rain off pupil
  • Get ready: race and disability reporting is coming
  • April 2025: news in brief

March 2025

  • Conflict of belief in the workplace: five practical tips from Higgs v Farmor’s School
  • Belief discrimination: did a school unlawfully dismiss an ‘activist’ supply teacher for expressing his protected beliefs during a training session?
  • The Children’s Wellbeing and School’s Bill: a guide for schools and colleges
  • Teacher dismissed for ‘safeguarding’ concerns: lesson to learn from school who made mistakes at every stage
  • March 2025: news in brief

February 2025

  • Personal liability for discrimination: two teachers’ misguided attempts to deal with colleague’s absence land them in hot water
  • From classroom to spa: headteacher given green light to stay in profession despite school-time retreat
  • Free speech law is back on the cards for HE… minus some of its teeth
  • Do schools and colleges have the funding they need to support SEND pupils?
  • February 2025: news in brief

January 2025

  • Employment law change 2025: guide for schools and colleges
  • Disability discrimination or fair dismissal? Autistic teacher dismissed for sending abusive emails to colleagues
  • How long do you have to wait until you can dismiss an employee on long-term sick leave?
  • Teacher wellbeing at a five-year low
  • New inquiry set up to look at reforming statutory shared parental leave
  • January 2025: news in brief

November 2024

  • At a glance: what’s in the Employment Bill?

  • Flying flags and ticking boxes: is your EDI strategy doing more harm than good

  • Do organisations that provide services to schools and colleges need to have a written 'no touching' policy about children?

  • New wellbeing survey paints a troubling picture of teacher stress

  • November 2024: the news in brief

October 2024

  • What’s changed? EHRC guidance on preventing sexual harassment at work

  • The price of discrimination: school ordered to pay £850,000 to an autistic teacher who it viewed as a ‘persistent complainer’

  • Does an employee have to exhaust the grievance procedure before they can claim constructive dismissal?

  • Increase in fines for taking children out of school during term-time

  • October 2024: the news in brief

September 2024

  • Christian teacher who deliberately misgendered pupil loses appeal against order banning him from teaching

  • Keeping Children Safe in Education guidance: what’s changed?

  • Labour’s trade union reforms: top five issues for schools and colleges

  • Positive action v positive discrimination: how to avoid crossing the (thin blue) line

  • VAT on Private School Fees – Reviewing Investment Plans

  • What the scrapping of one-word Ofsted judgements means for schools

  • September 2024: news in brief

August 2024

  • EHRC will investigate sexual harassment committed by pupils and other third parties

  • Are pensions for teachers about to change?

  • GDPR and facial recognition in schools and colleges: six steps to avoid being caught out

  • Buckle up: employment changes are coming thick and fast

  • Breaking: new duty to protect free speech put on the back burner

  • Headteacher who breached data protection laws fails to overturn finding that she brought profession into disrepute

  • August 2024: news in brief 

July 2024

  • Which proposed employment and education law changes will survive the general election?

  • New duty to protect free speech in higher education: implications for colleges

  • Education sector: what changes will a Labour government bring?

  • New duty to prevent sexual harassment will put the spotlight on schools and colleges

  • July 2024: news in brief

June 2024

  • New RSHE guidance: what it means for sex education lessons in schools
  • Do you need to re-think your diversity & inclusion strategy? Independent review concludes employers are wasting thousands on ineffective training
  • Workplace investigations demystified: 10 lessons from the tribunals
  • Navigating excellence: insights from the ISBA Annual Conference
  • June 2024: news in brief

May 2024

  • Banning religious rituals in schools and colleges: lessons from the High Court
  • Cass review: implications for schools and colleges (irwinmitchell.com)
  • Do you have to excuse poor behaviour from an employee with a mental health problem?
  • New flexible working laws: your questions answered
  • Responsible AI in Recruitment: government issues new guidance for employers (irwinmitchell.com)
  • May 2024: news in brief

April 2024

  • Gender-critical teacher loses employment tribunal claims
  • How far do you have to adjust your promotion procedure to accommodate a disabled applicant?
  • Changes to the Immigration Rules coming into force in April 2024
  • How can employers better support autistic employees in the workplace?
  • Discrimination: increases to injury to feelings awards 2024
  • What's changed? Government updates its guidance on holiday pay
  • April 2024: news in brief

March 2024

  • Is flexible working the key to boosting performance and teacher well-being?
  • How schools and colleges should deal with freedom of information requests
  • Does your school or college know how to comply with the new holiday pay rules?
  • What do the new Biodiversity Net Gain requirements mean for schools and colleges?
  • Anti-Zionist beliefs are protected under the Equality Act 2010
  • March 2024: news in brief

February 2024

  • The top employment law cases schools and colleges need to look out for in 2024
  • Minimum service levels for education: government sets out its proposals
  • Will claimants have to pay to bring an employment tribunal claim?
  • Pensions Law: what’s on the horizon for 2024?
  • Building a culture of volunteering: lessons learned and future aspirations
  • February 2024: news in brief

January 2024

  • Teacher wellbeing at a five-year low
  • Employment law changes 2024: guide for schools and colleges
  • McCloud – in a nutshell
  • Equal Pay Day 2023: five tips for employers on closing your organisation’s gender pay gap
  • Laddish culture costs Lidl £50,000 after female employee wins sexual harassment case
  • Should employees be able to express their lawful views at work? Acas gets into murky waters
  • Listen now: swearing in the workplace
  • January 2024: news in brief

December 2023

  • How to prepare for the new rules on holiday and holiday pay
  • Strikes: what will minimum service levels look like in the education sector?
  • Legal pointers for schools: navigating copyright and contractual challenges in sharing teaching materials with parents
  • The rapid evolution of Gen-AI raises cybersecurity concerns
  • Equality Act 2010: five new amendments HR need to know about
  • Employment training day
  • December 2023: news in brief

November 2023

  • How should schools and colleges investigate allegations of sexual assault against its staff?
  • When is an organisation legally responsible for sexual assaults (and other types of criminal activity or negligence) committed by work placement students?
  • Workers get a new right to request predictable working hours
  • Menopause: what the latest CIPD survey shows
  • Listen now: relationships in the workplace
  • November 2023: news in brief

October 2023

  • RAAC – what are the implications for schools?
  • Apprenticeship contracts: six expensive traps for the unwary
  • Managing the strain: pension costs for further education colleges
  • Breaking: Supreme Court demolishes technical legal arguments which employers have relied on to limit holiday pay liabilities
  • Listen now: everything you need to know about performance management
  • October 2023: news in brief

September 2023

  • Was it fair to dismiss a teacher for making one inappropriate comment to a pupil?
  • The Government’s Air Quality Grant Scheme is open and can (and has) been used to improve air quality around schools
  • Direct Line ordered to pay menopausal employee £65,000 after failing to adjust its performance management processes
  • HR professional asked to do the laundry following maternity leave awarded £18,000 for injury to her feelings
  • Listen now: maternity discrimination in the workplace
  • September 2023: news in brief

August 2023

  • Breaking news: employers can’t engage agency staff to cover striking workers
  • High Court gives school permission to challenge ‘inadequate’ Ofsted rating via judicial review
  • Government waters down proposed new duty to prevent sexual harassment
  • Government abandons legislation that would have protected teachers from third party harassment
  • New BSI standard for schools and colleges wanting to support menstruating and menopausal staff
  • Fixed recoverable costs in commercial litigation: a blessing or a curse?
  • Listen now: the latest on the Worker Protection Bill changes
  • August 2023: news in brief

July 2023

  • Free speech, protected beliefs and discrimination: EAT lays out the ‘ground rules’ that apply in the workplace
  • Beyond #MeToo: the reputational risks of turning a blind eye to sexual relationships between (some) colleagues
  • Mental health and reasonable adjustments: what does the new Acas guidance recommend?
  • Another warning to schools and colleges: recognise that gender critical beliefs are protected under the Equality Act or prepare to be sued
  • Holiday pay: can you pay less than a 'week's pay' on termination?
  • Training: holiday pay
  • Listen now: cyber security and the education sector
  • July 2023: news in brief

June 2023

  • New guidance for schools and colleges wanting to report on their ethnic pay gaps
  • What rights do trans people have in the workplace?
  • Unlocking the power of diversity and inclusion: how schools and colleges can attract and retain teachers
  • Five crucial reasons why the education sector should prioritise cybersecurity
  • Training: data subject access requests
  • June 2023: news in brief 

May 2023

  • Third party harassment: new law on the cards for schools and colleges
  • Term-time worker entitled to National Minimum Wage for 52 weeks
  • Do you ask staff to waive latent personal injury claims in your settlement agreements?
  • Discrimination: increases to injury to feelings awards 2023
  • Don’t get caught out: not all settlement negotiations are protected by the without prejudice rule
  • Employee who handed in her keys and said “I’m done” did not resign
  • Listen now: problematic new starters and probation periods
  • May 2023: news in brief

April 2023

  • “Every day’s a school day in data protection” – GDPR for the education sector: what to expect in 2023
  • Tempted to give the names of striking employees to parents, clients or customers? Read this first
  • What the education sector needs to know about the new energy efficiency regulations
  • Budget 2023: four employment-related changes
  • ONS reclassification: a college’s guide to special payments
  • April rate increases employers need to know about
  • Podcast: main risks for schools and colleges when writing a job advert
  • April 2023: news in brief

March 2023

  • How likely are you to get the right candidate if your job advert requires someone prepared to ‘live and breathe’ the job?
  • Do you have to pay staff if you can’t operate your business due to energy blackouts?
  • EHCPs – guidance on securing the best possible outcome
  • What other employers can learn from McDonald’s legal commitment to eliminate sexual harassment from its restaurants
  • School reference highlighting ‘safeguarding concerns’ defamed two teachers
  • Podcast: hidden disabilities in the workplace
  • March 2023: news in brief

February 2023

  • National Apprenticeship Week 2023
  • Strikes (Minimum Service Levels) Bill: implications for the education sector
  • Why’s ‘loud quitting’ a risky strategy?
  • New plans will allow employers to pro-rate holiday for term-time and casual workers
  • Employment law changes 2023: guide for HR and line managers
  • Government rejects key proposals from ‘menopause and the workplace’ report
  • Industrial disputes: understanding the basics
  • Podcast: conducting workplace investigations
  • February 2023: news in brief

January 2023

  • DfE guidance and funding for energy efficiency measures in schools and colleges
  • Protecting the rights of young people who have been accused of sexual abuse or harassment at college
  • What are the employment law implications of the ONS reclassification of colleges?
  • Employment law changes 2023: guide for schools and colleges
  • Myth-busting Brazel: tips for the education sector
  • Podcast: the right to request flexible working from day one
  • January 2023: news in brief

December 2022

  • Can you refuse to employ someone because they have visible tattoos?
  • Recruitment: should the role of a ‘period dignity officer’ go to a woman?
  • Proposed new teacher misconduct rules fill existing loopholes and extend to the FE sector
  • World cup 2022: eight workplace issues HR need to be aware of
  • Employment Talk: the HR issues affecting you podcast
  • December 2022: news in brief

November 2022

  • Pregnant women and new parents to get added protection against being made redundant
  • Can employers insist that staff use other people's preferred pronouns?
  • Acas publishes new guidance on staff suspensions
  • Do you need to introduce an IVF policy?
  • Strikes: government set to introduce minimum transport service levels to ensure people can get to work and children to school
  • Listen now: What is quiet quitting and what does it mean for your business?
  • November 2022: news in brief

October 2022

  • Our holiday pay webinar: more questions answered
  • Brace yourself: new Bill may fundamentally change employment law by the end of 2023
  • Forget the ‘great resignation’: quiet quitting is in vogue (and it’s bad news for employers)
  • Keeping children safe in education: (some) clarity over extent of online checks
  • Right to Work checks have changed from 1 October 2022
  • October 2022: news in brief

September 2022

  • Breastfeeding: what are an employer's legal responsibilities?
  • CEO who lied about his qualifications and experience forced to repay some of his earnings
  • What can employers learn from the latest case on gender critical discrimination?
  • Cost of living crisis: union calls on government to increase National Minimum Wage to £15.00 per hour
  • Designer refused promotion awarded £85,000 for age discrimination
  • September 2022: news in brief

August 2022

  • Holiday entitlement and pay of term-time workers: top 10 questions answered
  • Can staff express gender critical beliefs if they upset or conflict with the views of their colleagues?
  • 80% work for 100% pay: what you need to know about the four-day working week
  • New report calls for menopause to be added to the list of protected characteristics under the Equality Act
  • Employment legislation update
  • August 2022: news in brief

July 2022

  • Government set to introduce new legislation to allow temporary agency staff to cover striking workers
  • Keeping children safe in education: how to conduct social media checks (and remain within the law)
  • Long COVID and disability: what HR need to know
  • Unions starting to ask schools and colleges to sign joint protocol on management of long-COVID
  • The bald truth: can making a derogatory remark about a man’s lack of hair amount to harassment related to sex?
  • How to upskill line managers on employment law
  • July 2022: news in brief

June 2022

  • Employee nicknamed "half-dead Dave" awarded £13,000 for injury to his feelings
  • How much can you deduct from the salary of a teacher who is on strike?
  • Do you need to introduce a period policy?
  • Queen's speech 2022: what are the implications for employment law?
  • June 2022: news in brief

May 2022

  • Five free resources to help your organisation support perimenopausal and menopausal staff
  • Redundancy: employer using 'focus' as part of selection criteria discriminated against mother of four
  • EAT decides that employee who took voluntary redundancy could claim unfair dismissal
  • Shift patterns, childcare and indirect sex discrimination claims
  • Government rejects compulsory ethnic pay gap reporting
  • May 2022: news in brief

April 2022

  • New guidance on self-isolation and reducing the spread of COVID-19: implications for the education sector
  • Tackling the menopause taboo in the workplace
  • Gender pay gap bot exposes gap between reality and rhetoric
  • Computer says no: unpicking the employment risks of AI
  • April 2022: news in brief

March 2022

  • End of COVID-19 rules: implications for schools and colleges
  • Do you need to change your payslips to reference the increase in NI?
  • What's the best way to deal with a serial complainer?
  • Court of Appeal makes it harder for employers to defeat holiday pay claims
  • Are you liable for practical jokes that go wrong?
  • March 2022: news in brief

February 2022

  • The end of Plan B: what does living with COVID-19 mean for employers?
  • COVID-19: employee who was sacked after raising health and safety concerns was protected under whistleblowing legislation
  • Can you reduce contractual sick pay for unvaccinated members of staff?
  • Boss harassed sales assistant by asking if she was menopausal
  • Ten most important employment law cases of 2021
  • February 2022: news in brief

January 2022

  • Employment law changes 2022: guide for schools and colleges
  • New COVID-19 self-isolation rules
  • Statutory sick pay – new rules in force
  • Fear of COVID-19 not protected under UK discrimination law
  • Employee unfairly dismissed for raising safety concerns on the day of the first lockdown
  • January 2022: news in brief

December 2021

  • Update: term-time working and holiday
  • FAQ: are teachers and support staff entitled to an extra bank holiday next year?
  • Knowledge and disability: what should you do if you find out someone is disabled after you've dismissed them?
  • Supreme Court applies brakes to compensation claims for data breaches
  • Eight tips to help schools and colleges retain and attract staff
  • December 2021: news in brief

November 2021

  • Supreme Court considers whether employers can lawfully make direct offers to staff when collective bargaining fails
  • Damning report reveals over 40% of women experience sexual harassment at work
  • Government explains how new right to take carer's leave will work
  • 'Fowl' investigation costs employer over £5k
  • Are menopausal symptoms a disability in law?
  • November 2021: News in brief

October 2021

  • Significant increase in the number of women bringing claims linked to the menopause
  • Government starts consultation on making flexible working the default position
  • Do you have to give an employee the opportunity to appeal against their dismissal if they are made redundant?
  • Labour Party announce plans to improve employment protection for workers (if it gets into power)
  • Is the government going to compel large employers to report on their ethnic pay gaps?
  • October 2021: News in brief

September 2021

  • Do you have to maintain the pay rate of a disabled employee who has moved to a lower paid job?
  • Self-isolation, COVID-19 vaccinations and GDPR: employers’ questions answered
  • Flexible working policies: indirect discrimination and the childcare disparity
  • Government's vision to transform disabled peoples' working lives: will anything change?
  • Employer who failed to consider furlough as an alternative to redundancy unfairly dismissed employee
  • September 2021: News in brief

August 2021

  • FAQs about self isolation and COVID safety requirements
  • Teacher fairly dismissed after child porn found on his home computer
  • Employers guide to the NHS test and trace app
  • COVID-19: employee who refused to return to work to protect his vulnerable father was unfairly dismissed
  • New duty on employers to prevent sexual harassment in the workplace
  • 2021 exams appeals process: key things to know
  • August 2021: News in brief

July 2021

  • Employee who asked to be furloughed because of fears about COVID-19 wasn’t unfairly dismissed
  • Sending a pregnant woman home during COVID-19 lockdown wasn’t maternity discrimination
  • A belief that men and women can’t change their biological sex is protected under the Equality Act 2010
  • Twelve things to consider before you implement an agile/hybrid working policy
  • July 21: News in brief

June 2021

  • Why you should treat menopause as a workplace issue
  • Everyone’s Invited: what’s the best way for schools and colleges to respond to allegations against their staff?
  • EU settlement scheme: what options do your staff have if they miss the deadline?
  • Queen’s Speech: the implications for employment law (or not)
  • June 2021: News in brief

May 2021

  • Holidays abroad – school and college questions answered
  • Employee who refused to work from home because he believed his workplace posed as ‘serious and imminent’ danger loses unfair dismissal claim
  • Right to work checks – COVID-19 flexibility due to end on Sunday 16 May
  • Another tribunal finds that menopausal symptoms amount to a disability
  • May 2021: News in brief

April 2021

  • Supreme Court rules that workers providing sleep in shifts aren’t entitled to the National Minimum Wage
  • Employment Appeals Tribunal starts to diffuse the holiday pay time bomb
  • Six ways your organisation can support trans employees
  • Is your institution having problems with your IT supplier?
  • April 2021: News in brief

March 2021

  • Seven things for schools and colleges to consider before 8 March
  • The shielding programme has been expanded – does it impact on your school or college?
  • How often do you train your staff on equality and discrimination?
  • Treasury scraps £95,000 cap on public sector exit payments
  • March 2021: News in brief

February 2021

  • No vaccine, no job? Can schools and colleges insist their staff take the COVID-19 vaccine?
  • Long COVID – implications for schools and colleges
  • Is the government planning to amend the Working Time Regulations?
  • Furlough: new rules for calculating the pay of variable hours workers
  • February 2021: News in brief – Schools
  • February 2021: News in brief – Colleges

January 2021

  • Key employment cases that will affect the education sector in 2021
  • Employment law changes 2021: guide for schools and colleges
  • Are schools and colleges safe places to work?
  • Update on establishing lateral flow tests in schools and colleges
  • January 2021:News in brief – Schools
  • January 2021: News in brief – Colleges

December 2020

  • Impact of regional tiers on schools and colleges – your questions answered
  • DBS filtering rules have changed – what you need to know
  • Are you planning to furlough staff under the extended scheme?
  • Bullying: should you excuse the behaviour of someone who says they didn’t mean to upset colleagues?
  • December 2020: News in brief – Schools
  • December 2020: News in brief – Colleges

November 2020

  • Furlough scheme extended as England gets ready to go into another national lockdown
  • Will the £95,000 cap on public sector exit payments impact your school?
  • Why did an employment tribunal order an ex-employee to pay £432,000 towards his employer’s costs?
  • Employee privacy in the spotlight
  • November 2020: News in brief – Schools
  • November 2020: News in brief – Colleges

October 2020

  • Can you fairly dismiss a teacher suspected of downloading illegal images of children?
  • Self-isolation – advice for schools and colleges dealing with outbreaks
  • Right to work checks after Brexit – don’t ask about settled status yet
  • Job Support Scheme – the details
  • October 2020: News in brief – Schools
  • October 2020: News in brief – Colleges

September 2020

  • Face masks in schools and colleges – the new rules
  • Updated FAQ’s about making furloughed staff redundant
  • Overclaimed furlough grants? If you don’t own up HMRC could name and shame you
  • Whistleblowing: why are claims increasing and what’s the best way to respond?
  • September 2020: News in brief – Schools
  • September 2020: News in brief – Colleges

August 2020

  • Holiday and quarantine: Your questions answered
  • FAQs: When can shielding employees return to work?
  • What are the employment implications of the Summer Statement?
  • Are antibody tests the key to reassuring staff that it's safe to return to work?
  • August 2020: News in brief – Schools
  • August 2020: News in brief – Colleges

June 2020

  • Do you need to include BAME and obese workers in your return to work risk assessments?
  • How will the new flexible furlough scheme work?
  • Supreme Court to examine term-time holiday entitlement
  • June 2020: News in brief – Schools
  • June 2020: News in brief – Colleges

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