Irwin Mitchell | IM Educate Briefing | January 2021: News in brief

We round-up the latest news affecting colleges.

Teacher COVID-19 rates up to 333% above average

According to TES, the NASUWT has published data indicating that teacher COVID-19 rates are up to 333% above the national average.

Sats tests, GCSEs and A levels cancelled

Education Secretary Gavin Williamson told Parliament on Wednesday 6 January that Sats tests, GCSEs and A levels won’t go ahead this academic year because of the ongoing disruption to children’s education caused by the pandemic.

Instead, results will be based on school assessments. A further detailed consultation with Ofqual will begin on Monday 11 January, and is expected to last two weeks.

HMRC asked to publish a list of all employers claiming furlough grants

To help combat fraud the Public Accounts Committee has asked HMRC to publish a list of names of employers claiming under the Coronavirus Job Retention Scheme by the end of January 2021.

Find out what information will be published here.

Home Office updates its ‘right to work’ guidance

The Home Office has updated its employer guidance about right to work checks. The new version provides:

An update on right to work checks for EEA and Swiss nationals from Friday 1 January to Wednesday 30 June 2021 – referred to as a ‘grace period’
An overview of the new routes under the 'new points based system'
The temporary adjusted right to work checking process that’s been permitted during coronavirus.

In relation to the grace period, the guidance confirms that EEA nationals can choose to evidence their right to work via online confirmation of their status under the EU settlement scheme, or under the new points-based system. They can also continue to use their national ID or passport alone until Wednesday 30 June 2021.

Employers can’t insist that they use the online service, or discriminate against those who wish to use their passport or national identity card.

Information Commissioner’s Office guidance on using algorithms in hiring processes

The Information Commissioner’s Office (ICO) has set out six points of consideration for organisations that want to use algorithms in their hiring processes.

This is because, from the outset, training data fed into AI systems is influenced by human bias, and the rapid advancement of big data and machine learning algorithms is making it harder to spot patterns of bias. The ICO says that building fairness into an algorithm is difficult and will require consideration of both data protection and equalities law.

Guidance on gender pay gap reporting

The Government Equalities Office has published new guidance documents to help employers meet their gender pay gap reporting requirements.

The Office for National Statistics has also published its latest report on gender pay gap statistics for 2020. Between April 2019 and April 2020, the gap for full-time employees fell by 2.4%, and 1.9% for all employees. These statistics include Thursday 22 April 2020, when around 8.8 million employees were furloughed.

Update on public sector exit payments

The Ministry of Housing, Communities and Local Government has issued a guide on how it will deal with applications for relaxation of the restrictions imposed under the new rules about public sector exit payments.

In response, the Local Government Association (LGA has published a statement to the Local Government Pension Scheme administering authorities. It’s raised concerns on the clarity and interpretation of the guidance. LGA’s concerns include:

The information listed for record keeping and the information required by regulations is different, despite what’s implied in the guidance. This confusion could lead to the disclosure of personal data
Whether 'TUPE-like' movements on local government reorganisation are covered by mandatory waivers
Administrating authorities being asked to give a figure they should not/can’t calculate.

Read our explanation of how the £95k cap on public sector exit payments will impact on colleges.

Gender recognition reform

The House of Commons Library has published a briefing paper on the UK government’s consultation on the Gender Recognition Act 2004 (GRA 2004), which considered whether the process for transgender people to gain legal recognition in their acquired gender needed to change.

The briefing paper [PDF] sets out the government’s response to the consultation. It notes that there’s no intention to ‘change the criteria in the GRA for legal gender recognition, meaning that a system based on self-identification is not being introduced.’ It also details the inquiries which have been launched and the debates scheduled on the subject of the GRA 2004 and wider issues concerning transgender equality and current legislation.

The briefing paper also deals briefly with the Scottish Government’s consultation on the same issues.

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January 2021: News in brief – Colleges

Teacher COVID-19 rates up to 333% above average

Sats tests, GCSEs and A levels cancelled

HMRC asked to publish a list of all employers claiming furlough grants

Home Office updates its ‘right to work’ guidance

Information Commissioner’s Office guidance on using algorithms in hiring processes

Guidance on gender pay gap reporting

Update on public sector exit payments

Gender recognition reform

Read more – January 2020

For general enquiries

About Irwin Mitchell

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January 2021: News in brief – Colleges

Teacher COVID-19 rates up to 333% above average

Sats tests, GCSEs and A levels cancelled

HMRC asked to publish a list of all employers claiming furlough grants

Home Office updates its ‘right to work’ guidance

Information Commissioner’s Office guidance on using algorithms in hiring processes

Guidance on gender pay gap reporting

Update on public sector exit payments

Gender recognition reform

Read more – January 2020

For general enquiries

About Irwin Mitchell

Contact Us

Get a call back