May 2017 Newsletter – Education sector

It’s May, named after Maia, the Greek goddess linked to spring and growth.  We think it fitting therefore that this month we were all, including employers, asked to open up our minds during Mental Health Awareness week (from 8 to 14 May) and take a fresh look at mental health.  We’re doing our bit to take part in this Newsletter, by looking at the impact of mental ill-health in the workplace and what employers can do to support staff suffering from the condition.   We also update you on the Government’s Response to the ‘High heels and workplace dress codes‘ report and the latest update on the ongoing saga of holiday pay – although it’s good news for employers this time!

Our case update this month focuses on whether a poor attitude to organisational change can amount to gross misconduct, despite procedural failings; whether TUPE Employee Liability Information needs to include detail as to whether employees’ entitlements are contractual; and the EAT’s decision that it is discriminatory on grounds of disability to make a job applicant with Asperger’s syndrome sit a situational judgment test (multiple choice test) as part of the recruitment process.

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

This month we hosted a special event for our College friends around the theme of Equalities. It is such a wide topic but we managed to squeeze in a review of all the most recent disability discrimination cases (the area of discrimination law where we see the most legal cases), the clash of protected characteristics in the workplace, and gender pay gap ( Luke’s favourite topic).

We were also very lucky to be joined by Clare Peterson who is the Equality and Diversity manager at the University of Gloucestershire (her remit covers both students and staff). She had us all thinking about our unconscious biases during her fascinating slot. Thank you to those who attended and the lovely feedback. We will look to run this course again later in the year as we know it is such a relevant topic for Colleges.

Anne Marie Boyle
Senior Solicitor
email Anne-Marie or call 0117 325 0924

• Mental health at work
• Government reforms: Discrimination and dress codes
• Holiday pay – Three month gaps stop series
• Case update (1):  Unfair dismissal – Poor attitude to change
• Case update (2): TUPE – Employee liability information
• Case update (3): Disability discrimination – reasonable adjustments