employment law update - hr and employment conference for school leaders 2016
TRANSCRIPT
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 [email protected]/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.