The document provides an overview and summary of key employment law updates for 2018 affecting the education sector in the UK. It discusses the tribunal fees refund scheme, Brexit and its potential impacts, taxation changes, implementation of the GDPR, updates on sexual harassment law, changes to safeguarding guidance, pay increases under the STPCD, executive pay transparency under the Academies Financial Handbook, and notable case law on issues like vicarious liability, personal service companies, disability discrimination, and shared parental leave. Resources for further information are provided.

1. HR for Education 2018

2. Browne Jacobson
Helen Badger, Partner
Employment law update 2018

3. Overview
— tribunal fees and refund scheme
— Brexit
— taxation changes
— GDPR
— sexual harassment
— education specific updates
— case law update

4. Tribunal fees and
refund scheme

5. Tribunal fees and refund scheme
— tribunal fees ruled unlawful from the outset by Supreme Court
— refund scheme now open
— Government will repay £27 million in fees
— just over £10m of refunds have been paid so far
— fee re-introduction?

6. What next for employers?
— opening of floodgates?
— reimbursement of fees paid by employers
— Tribunals buckling
— 165% increase in new claims
— 130% increase in outstanding claims
— 54 new judges on the way
— risk of previous claims being re-opened

7. Brexit

8. Brexit
— current position is unchanged
— no substantial changes to UK employment law likely – even if
no deal
— main concern for employers is changes to immigration policies
and effect on workforce
— “nothing is agreed until everything is agreed”
— significant reduction in EU nationals taking up jobs in UK
likely

10. Brexit – Settled Status Applications
— digital, streamlined and user friendly
— 3 step process
— £65 (£32.50 for u16s) or free for those with permanent
residency or indefinite leave to remain
— minimal supporting documentary evidence needed
— confirmation of success online not by post

11. Brexit – what can employers do?
— audit
— communicate
— review recruitment and training strategies
— apply for Tier 2 sponsorship licence?
— update right to work checks

12. Taxation changes

13. Taxation changes
From 6 April 2018:
— ALL PILONS are taxable and subject to class 1 NICs
From 6 April 2019:
— Termination payments above £30,000 now subject to employer NICs
rather than just income tax

14. GDPR

15. A brief look at GDPR
— came into force on 25 May 2018
— significant enhancements to protection
— examples of changes:
— tougher sanctions
— higher bar for lawful processing
— one month to comply with SARs not 40 days

16. Sexual Harassment

17. Sexual harassment – How prevalent is it?
0 5 10 15 20 25 30 35 40
Displays of pornography
Sexual comments about women/another woman
Unwated messages of sexual nature
Unwelcome sexual advances
Sexual assault
Unwanted touching
Unwelcome sexual jokes
Sexual comments about body and/or clothing
Serious sexual assault/rape
%

18. The Law
Section 26(2) – Sexual harassment
A engages in unwanted conduct of a sexual nature
which has the purpose or effect of either violating
B’s dignity or creating an intimidating, hostile,
degrading, humiliating or offensive environment for
B

19. The Law
Section 26(3) – Less favourable treatment for
rejecting or submitting to harassment
Sexual harassment + less favourable treatment due
to B’s rejection or submission to the conduct = s26(3)
claim

20. The Law
Are employers liable for the harassment of their employees?
General rule is YES, but subject to some exceptions:
— in the ‘course of employment’?
— ‘Reasonable steps’ defence
— liability for third-party harassment?

21. What can employers do?
— comprehensive anti-harassment policy
— follow a stringent investigation procedure
— regular compulsory training for all staff
— policy should be re-iterated before harassment ‘hot-spots’

22. Updates affecting
the Education sector

23. Changes to Keeping Children Safe in
Education
From September 2018…
— MATs do not need to have a separate Single Central Record for each
school – can keep master SCR at headquarters
— changes to Volunteer Risk Assessments – muddying the waters?
— further clarity on S128 checks in academies, free schools and
independent schools

24. Changes to Keeping Children Safe in
Education
From September 2018…
— safeguarding learning and development for staff – update on topics
to be covered in induction training
— designated Safeguarding Lead in Proprietor-led Schools must be a
‘suitable person’

25. STPCD 2018
From 1 September 2018
— a 3.5% uplift has been applied to the statutory minima and maxima
of the main pay range and of the unqualified teachers pay range;
— a 2% uplift to the statutory minima and maxima of the upper pay
range, the leading practitioner pay range and all allowances across
all pay ranges;
— a 1.5% uplift to the leadership pay ranges (including headteacher
groups)

26. Academies Financial Handbook 2018 –
Executive Pay
— executive pay decisions must follow robust evidence-based process
— pay must reflect roles and responsibilities
— individuals cannot be involved in decisions about own pay
— pay approach must be transparent, proportionate and justifiable
— must comply with gender pay gap reporting requirements
— payroll arrangements must meet tax obligations and comply with
Treasury guidance

27. Case law updates

28. Vicarious liability
— Various Claimants v Wm Morrisons Supermarket PLC [Dec 2017]
Employers can be
vicariously liable for
employee breaches

29. Personal service companies
— Sprint Electric Ltd v Buyer’s Dream Ltd and another [Aug 2018]
Use of personal service
company will not prevent
tribunals from finding an
employer-employee
relationship

30. Disability discrimination
— City of York Council v Grosset [May 2018]
Dismissal for misconduct may
amount to discrimination
arising from disability even if
employer is not aware of causal
link between disability and
conduct

31. Shared parental leave
Paying enhanced maternity pay to
a female employee but not a male
employee taking shared parental
leave did not amount to direct sex
discrimination.
Capita Customer Management Ltd (CCM) v Ali [April 2018]

32. Shared parental leave
Hextall v Cheif Constable of Leicester Police [May 2018]
Enhancing maternity pay but
not shared parental pay may
give rise to indirect
discrimination

33. Online resources
www.brownejacobson.com/education

34. Thank you
Helen Badger
Partner
t: +44(0)121 237 4554
e: helen.badger@brownejacobson.com