July 2018 Newsletter – Education sector

It’s July and if you’ve still got energy after all the hot weather, then we’ve got more HR/employment news for you. We can’t promise to match the drama of the World Cup, Wimbledon or best of all the Tour de France, but we can update you on the latest guidance from the solicitors’ regulatory body on using non-disclosure agreements or clauses and ACAS guidance on overtime and suspension.

In our case update we bring news on the latest EAT decisions.  These include when to include compulsory and voluntary overtime in your holiday pay calculations, the importance of offering an appeal when dismissing for lack of evidence of right to work and, finally, the importance of being proportionate when taking disciplinary action for absence connected to an employee’s disability.

What we’ve been doing in the Education sector recently…

Summer is well and truly upon us and here at Menzies Towers we usually experience a flurry of activity at this time  of year as our College clients endeavour to sort out their HR issues before the start of the summer holidays: this year has been no exception.  One particular task that is time-consuming but extremely worth-while is an update of employment law contracts. Many of our college clients, particularly those who have been involved in mergers will often turn their minds to producing shiny new contracts for the newly merged College. This makes a lot of sense: trying to create a new ‘culture’ is difficult if staff are working alongside each other on different terms and conditions. In our experience, Unions are more pragmatic about this exercise than you would imagine: particularly  so where terms and conditions are being aligned ‘upwards’.  It is a great opportunity to sweep away some less modern terms and to make your contracts truly fit for purpose. We have lots of experience in both drafting appropriate contacts and also advising on the consultation process of introducing them. If it’s something that’s on your ever growing ‘to do’ list, give us a call and we are happy to guide you through it.

Anne Marie Boyle
Partner
email Anne-Marie or call 0117 325 0924

• Settlement Agreements: Non-disclosure clauses
• New Guidance
  • ACAS Guidance: Overtime and Suspensions
  • Home Office guidance – right to work checks
  • Apprenticeships for Schools
• Case update (1): Holiday pay and voluntary overtime
• Case update (2): Unfair dismissal – Right to work and to appeal
• Case update (3): Disability discrimination – be careful with disciplinary action