Amending a governing document
Earlier this month, the latest phase of the Charities Act 2022 was brought into force. This includes further harmonisation of…
Independent schools
Family friendly legislation – Upcoming changes to family leave
As 2024 gets well underway, we take a look at several employment law changes that come into effect this year.…
Heat of the moment resignations
The recent Employment Appeal Tribunal (the “EAT”) decision in the case of Omar v Epping Forest District Citizens Advice has…
Government draft code on ‘fire and re-hire’ updated
The Government published its updated draft Code of Practice on dismissal and re-engagement (colloquially known as ‘fire and re-hire’) on…
Are you ready for the new employment rates and limits?
With April 2024 approaching, it is important that schools ensure they are ready for the annual increases to the employment…
New holiday rules that apply to part-year and irregular hours workers
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Regulations), which were published at the end of last…
Draft transgender guidance for schools – the key points explained
This long awaited and delayed government draft transgender guidance for schools was finally published on 19 December 2023. It’s called…
Gender critical social media posts by school employees
The recent case of Higgs v Farmor’s School considered social media posts by school employees, in this case by Mrs Higgs who…
To stay or leave the Teachers’ Pension Scheme
To stay or leave the Teachers’ Pension Scheme as employer contribution rate rise to 28.6%
Recently, the Government announced a…
Updated guidance on managing sick leave in school
Schools should be aware of the recent guidance issued to help employers in managing sick leave in school, particularly as…
Teacher wins his claim for unfair dismissal
In the recent case of Mr J Hawker v Devonport High School for Girls, Mr Hawker won his claim for…
Ensuring an accessible recruitment process for individuals with disabilities
The recent Employment Appeal Tribunal (EAT) decision in the case of AECOM Ltd v Mallon should serve as a warning…
School not vicariously liable for sexual assault on a pupil
In MXX v A Secondary School (the School), the Court of Appeal has held that the School was not vicariously…
How should schools handle transgender issues in the absence of long-awaited government guidance?
Long-awaited government guidance for single sex schools on transgender issues has been trailed over recent months. This guidance was expected…
Government announced measures to combat the increase in children vaping
Schools have noticed a significant increase in children vaping on school premises.
This has been concern among schools and parents…
DfE publishes updated guidance on action plans for independent schools
We are aware of a recent increase in the number of independent schools failing ISI inspections, with a growing trend…
DfE publishes updated version of Keeping Children Safe in Education
Earlier this month, the DfE published an updated version of Keeping Children Safe In Education (KCSIE) and this will come…
Charity Commission updates its guidance on internal financial controls
The Charity Commission’s guidance note on Internal Financial Controls (CC8) is relevant for all schools that are registered charities. The…
New guidance from ACAS on reasonable adjustments for mental health
ACAS has recently published new guidance on making reasonable adjustments for mental health. The link to the ACAS guidance is here.…
School chaplain’s claim for religious discrimination is rejected
In the recent case of Randall v Trent College Ltd and others ET/2600288/2020, an employment tribunal rejected a school chaplain’s claim for belief or religion…
VAT and fees in advance schemes
A look at Labour’s proposals for VAT and fees in advance schemes, on school fees and what schools can do…
Teacher banned from profession after misgendering pupil
A professional misconduct panel of The Teaching Regulation Agency (TRA) has prohibited a maths teacher, Mr Joshua Sutcliffe, from teaching…
Paul Ridout
About Paul
As a highly experienced solicitor in Moore Barlow’s Guildford office, I possess a wealth of expertise in the…
Deputy headteacher wins unfair dismissal claim
Deputy headteacher wins unfair dismissal claim against school who dismissed him for gross misconduct – Kitchener v The Thinking Schools…
Employment Appeal Tribunal finds term time only worker’s salary breached National Minimum Wage requirements
The Employment Appeal Tribunal recently delivered its decision in the case of Lloyd v Elmhurst School. Ms Lloyd was employed…
Bereavement in schools
There is a new petition to add content on death, dying and bereavement to the national curriculum which has now…
Safeguarding and social media in schools
Many parents looked to schools for help when Andrew Tate’s profile blew up on social media which spread dangerous and…
Upcoming changes to the flexible working rules
The Government recently published its response to its “Making flexible working the default” consultation. The Government launched the consultation in…
Employment rates and limits
Stay updated with the rising employment rates and limits.
As April 2023 approaches, schools should ensure they are ready for…
Update on the Charities Act 2022
The majority of independent schools in England are registered charities, which means that they need to comply with charity law…
Government consultation launched on holiday entitlement for part-year workers
In July 2022, the Supreme Court issued its long-awaited judgment in the case of Harpur Trust v Brazel. Mrs Brazel…
Harpur Trust and holiday pay for part-year workers – what have we learned so far?
Since the issuing of the Supreme Court’s decision in the Harpur Trust v Brazel case on holiday entitlement and pay…
New guidance on preventing hair discrimination in schools
The Equality and Human Rights Commission (EHRC) published guidance in October stating that preventing school pupils from wearing their hair…
Behaviour in schools guidance – what should schools be doing now?
The Department for Education has recently issued updated “Behaviour in schools” guidance. Importantly, this updated guidance now explicitly states that…
What does the Independent Inquiry into Child Sexual Abuse report mean for independent schools?
The Independent Inquiry into Child Sexual Abuse (IICSA) released its long-awaited final report on 20 October 2022. It sets out…
Risks to tax reliefs for independent schools: could charitable foundations be the answer?
At the 2022 Labour Party Conference, Shadow Education Secretary Bridget Phillipson repeated Labour’s plans to “end the tax breaks private…
Grace Miller
About Grace
I am a solicitor in the Schools & Charities team.
I assist clients with matters including formation of…
Cerys Cousins
About Cerys
I joined Moore Barlow as a trainee solicitor in September 2022, and I am currently undertaking my final…
Private or not? How to choose the best school for your children
When it comes to giving your child the best start in life, choosing the best school to suit their individual…
Changes to holiday pay for term time only staff following the Supreme Court’s decision in Harpur Trust v Brazel
Almost three years after the Court of Appeal found in favour of Mrs Brazel in her claim against her employer,…
Are your school’s employment contracts up to date?
When something goes wrong in a school’s relationship with one of its employees, there’s often a need to check that…
New research shows ethnic minorities under-represented in school leadership
New research conducted by the National Foundation for Educational Research (NFER) and education charities Ambition Institute and Teach First has…
Teacher forced to express breastmilk in toilets wins harassment case against school
Ms Mellor was a citizenship teacher at Mirfield Grammar School in West Yorkshire. After her return from maternity leave following…
New guidance on political impartiality in schools – what you need to know
In February 2022, the Department for Education published new guidance on political impartiality in schools which explains the existing legal…
Employee refuses to attend work during lockdown – the tribunal decision
It has been determined that an employee who refused to attend work during the pandemic did not have a reasonable…
EHRC guidance on gender reassignment and single sex spaces – what does this mean for schools?
The Equality and Human Rights Commission has recently published guidance for separate and single-sex service providers, which contains helpful advice…
Keeping Children Safe In Education 2022 – what you need to know
The Department for Education has now published the updated version of Keeping Children Safe In Education, which will come into…
The Charities Act 2022 – what does it mean for schools?
The Charities Bill has now worked its way through parliament and, having been given Royal Assent on 24 February 2022,…
Exploring the proposed changes to Keeping children safe in education (KCSIE)
In January, the Department for Education put forward its proposed amendments for this September’s update to Keeping children safe in…
Teacher loses claim for assault by pupil
The Court of Appeal has recently made its decision in the case of Cunningham v Rochdale Metropolitan Borough Council.
The…
Teacher’s dismissal for “overly affectionate” emails was justified
The events brought to light in a recent claim for unfair dismissal and sex discrimination from the former Assistant Director…
How should schools approach Covid self-isolation rules?
On the 24th of February 2022 and as part of the Government’s living with Covid plan, those who test positive…
Teachers’ Pension Scheme – the latest developments
The Teachers’ Pension Scheme (TPS) continues to stay in the headlines with an ever-increasing number of independent schools exiting and…
How should independent schools respond to the invasion of Ukraine?
Over the past couple of weeks, we have seen the shocking events unfold in Ukraine. The UK has imposed sanctions…
Variation on vaccination – Approaches to sick pay post-pandemic
Joanna Lada-Walicki, an independent schools lawyer, sets out the potential pitfalls facing schools when offering reduced sick pay to unvaccinated employees. …
Thinking twice: mandating Covid vaccines for school staff
Following the news that double Covid-19 vaccinations are to become mandatory for care home workers in England from the 11…
Safeguarding for faith-based organisations
Safeguarding has never been more high profile and a wave of recent reports and inquiries have led to an intense…
Is it a reasonable adjustment to protect pay indefinitely when disability means a teacher can no longer teach?
The Employment Appeal Tribunal (EAT) has held that, where a teacher had disability which meant she could no longer teach,…
Are you ready for your ISI inspection?
Following on from the shocking revelations brought to light by Everyone’s Invited, it came as no surprise that the Independent…
Are you complying with the latest allergies legislation?
1 October 2021 saw “Natasha’s Law” come into effect. “Natasha’s Law” was passed in 2019 following the tragic death of…
Covid-19 vaccination rollout causes disruption at schools
At the start of this term schools were presented with a fresh challenge arising from the Covid 19 pandemic –…
Dismissal of teacher suspected of viewing child images was fair
The Scottish Court of Session has held that it was fair to dismiss a teacher suspected of viewing child images…
Labour’s plan to abolish charitable status: can or should it be done?
We take a closer look at Labour’s pledge to remove charitable status from independent schools to raise money for state…
Everyone’s Invited: Ofsted’s report on its review into sexual harassment and sexual violence
The Everyone’s Invited movement has brought to light the widespread trivialising and normalising of peer on peer sexual harassment and…
Teachers’ Pensions Scheme – the latest developments
As daily school life returns ever closer to normal, a continuing key focus for school governors and senior leadership teams…
Belief that biological sex is immutable is protected under the Equality Act
The Employment Appeal Tribunal has held that a belief that biological sex is immutable is protected as a philosophical belief…
Staff Accommodation – have you updated since the April 2021 change?
On 6 April 2021, HMRC withdrew the “representative occupier” exemption for the tax treatment of staff accommodation. Previously this had…
Teacher Assessed Grades: Preparing for results day and grade appeals
Having completed the process of submitting their Teacher Assessed Grades (TAGs) for the 2021 summer exams, schools are now waiting…
Webinar: Everyone’s Invited: peer-on-peer abuse
The Everyone’s Invited movement is but the latest spotlight to fall on safeguarding in schools.
The list of allegations seems…
Schools – the extended furlough scheme
The furlough scheme is helping a large number of schools to reduce their overheads at a time when their revenue…
Keeping children safe in education – January 2021 update
To reflect the end of the Brexit transition period, the Government has updated Keeping Children Safe in Education. The relevant…
Parent contract – time for an update?
The closure of schools due to Covid-19 has been an unprecedented challenge. In addition to the difficulties associated with remote…
Back to school after lockdown 3 – Q&A
The news that pupils would be returning to school on 8 March threw up lots of questions and concerns from…
Unqualified prep-school teacher succeeds in claims for unfair dismissal and age discrimination and is awarded over £140,000 – Sue Allington v Grange Rose Hill School Limited (the School)
The School, an independent co-ed prep school for children aged 3-13 in Tunbridge Wells, Kent dismissed Sue Allington, aged 60,…
Teachers’ pensions – a continuing issue
The last 12 months have been some of the hardest the independent schools sector has had to face. Attention has…
Teacher-assessed grades this summer
For the second year running, responsibility falls on teachers to award exam grades to their students. After the fiasco of…
Webinar: Independent schools – Strategic planning for the challenges of 2021
After one of the most challenging years in recent memory, strategic planning for the year to come has never been…
Dismissal of teacher with child images on home computer was unfair says Employment Appeal Tribunal
In the recent case of K v L UKEATS/0014/18/JW the Claimant was a teacher charged by the police with possession…
New Corporate Insolvency and Governance Act 2020: an extension of support and relaxing of rules for schools
Schools have not been isolated from the financial and social effect of the pandemic. In many cases, they are seeing…
Centre Assessed Grades: it’s not too soon to start thinking about next summer’s exams
One of the many additional challenges presented to schools as a result of the Covid-19 pandemic was the requirement for…
The Government’s crackdown on furlough fraud
When schools were forced to close in March, due to the Covid-19 pandemic, many schools chose to make use of…
Difficult decisions in difficult times: how should schools approach managing redundancies?
The last seven months have been some of the hardest ever faced by the independent schools sector. Whilst the Government’s Job…
The Job Support Scheme – how does it work and can schools benefit from it?
The Government has been under increasing pressure to extend the Coronavirus Job Retention Scheme which will cease providing support to…
Teachers’ pensions: returning to the fray
Whilst most of the attention recently has understandably been on the COVID-19 crisis, the past few months have seen a…
Updated COVID-19 toolkit for independent schools
In March we produced our toolkit to help independent schools manage the unprecedented challenges posed by the Covid-19 pandemic. As…
Keeping children safe in education – new changes for September
The Government has just released the updated version of Keeping Children Safe in Education (KCSIE), which will come into force…
Helen Harvie
About Helen
I am a charity law specialist and I act as both trustee and advisor to a wide range…
Olivia Stanton
About Olivia
I am an associate solicitor in the independent schools and charities team and I specialise in employment and…
Adam McRae-Taylor
About Adam
I specialise in employment and education law and advise on issues such as unfair dismissal, discrimination cases, safeguarding,…
Esther Millard
About Esther
I specialise in handling professional negligence claims on behalf of both businesses and individuals. I have particular and…
Gordon Reid
About Gordon
I lead the charities team. I work with charities and independent schools of all shapes and sizes, advising…
George Shepherd
About George
I am an associate solicitor in the schools and charities team, specialising in governance and transactional work for…
Joanna Lada-Walicki
About Joanna
I head the firm’s independent schools and charities practice and I specialise in education and employment law. I…
Ben Collingwood
About Ben
I specialise in advising independent schools and other charities on wide ranging areas of education law, with particular…
Immigration for schools update: sponsored students affected by Coronavirus
The Home Office has released updated guidance to deal with individuals affected by travel restrictions associated with coronavirus (COVID-19).
Tier…
Coronavirus (COVID-19) toolkit for independent schools
In these unprecedented times, independent schools are under unprecedented financial pressure. Schools are closed; parents are asking about refunds; staff…
UK announces new immigration system
The new Points-Based Immigration System will award points for an appropriate job offer, English language skills, and a salary threshold.…
The Independent Inquiry into Child Sexual Abuse (IICSA) – An update
Conclusion of Phase 1 of the residential schools investigation
The Independent Inquiry into Child Sexual Abuse (IICSA) was set up…
New guidance on confidentiality clauses in settlement agreements from the Equality and Human Rights Commission
The Equality and Human Rights Commission has this month issued guidance on the use of confidentiality clauses in settlement agreements.…
Improper behaviour can lead to section 111A negotiations being admissible in Court
In the case of Harrison v Aryman Limited, the Employment Appeal Tribunal (“the EAT”) has recently decided that a pre-termination negotiation…
Vegetarianism is not a Protected Characteristic
The Employment Tribunal (“the ET”) has recently handed down judgment in the case of Conisbee v Crossley that vegetarianism is not a…
Preventing Charity fraud – new Charity Commission guidance
The Charity Commission has recently issues important new guidance on preventing charity fraud which should be incorporated by all schools…
Immigration update – How Brexit will affect schools sponsoring international students
In this article we look at the recent developments affecting schools sponsoring international students, and discuss some of the anticipated…
Teachers’ Pension Scheme (TPS) Update – recent developments
The past few months have seen a number of developments regarding the on-going impact of increases in employer contributions to…
No pro-rating of holiday pay for term-time only teachers on permanent contracts
The recent case of Harpur Trust v Brazel witnessed the Court of Appeal attempting to clarify the complex issue of holiday pay…
SEN exclusions – the Tribunal’s power to revoke discriminatory exclusions
Last year we reported on the case of C and C –v- Governing Body of a School and Others which changed the…
Does suspension breach the implied term of trust and confidence?
In London Borough of Lambeth v Agoreyo the Court of Appeal recently considered the circumstances in which an employee may be…
Department for Education publishes draft Relationships and Sex Education statutory guidance
The Government has recently conducted a consultation on Relationships and Sex Education in schools in England and produced new draft…
Fee fraud – what can schools do?
“Invoice fraud”, “mandate fraud”, “transfer fraud”: this particular scam has acquired many names over the years and now fraudsters are known to…
Can a direct discrimination claim be based on the employer’s religion or belief?
In Gan Menachem Hendon Limited v De Groen the Employment Appeal Tribunal (EAT) considered whether an employee could bring a claim for…
What counts as ‘long term’ in determining if an employee has a disability?
The Employment Appeal Tribunal (EAT) has recently considered the meaning of “long term” and “substantial” when assessing whether a person is disabled for the…
GDPR and safeguarding in schools: what you need to know
The General Data Protection Regulation (“GDPR”), which came into force on the 25 May, needs no introduction. You probably know…
National minimum wage – don’t panic!
John Lewis has suffered very public criticism in relation to alleged payment of some of its seasonal workers below National…
Salary sacrifice school fees – last chance saloon!
Hitherto, independent schools have been able to offer staff the opportunity to save some of the cost of the school…
