Guidance

Finding key inspection documents

The revised Ofsted website means that the directions for getting to the 'key documents' for inspection has changed. These include:

• Guidance for Inspectors: using the evaluation schedule

• Guidance on the evidence form

• Guidance for Inspectors of Schools: conducting an inspection

To locate these documents go to the Ofsted website, select the 'Forms and Guidance' tab (top of the home page); scroll down to the centre of the page to 'Education and Skills' and click on 'Schools'. Scroll down to the centre of the page and click on 'Guidance for Inspectors of Schools'. Key documents are then listed.

New award values

The annual revaluation of tribunal awards has taken place. The 'cap' is now £60,000 and the figure for a maximum week's pay is £310.

Punishment to fit the crime

If two staff members have committed the same infraction, can employers impose two different disciplinary decisions, if the mitigating circumstances are different? The employment appeal tribunal believes so.

Different circumstances may lead to a different result as long as the decision is within the band of reasonable responses. In a recent judgement, the tribunal deplored any attempt to limit the flexibility of the employer by a 'tariff' approach to discipline.

For schools and colleges, this means that if circumstances are different overall in two cases, the school/college may come to a decision on one which differs from another even though the actual incident may be the same.

It is not sufficient for a member of staff to say, "He did that and you didn't sack him." If previous conduct, or the circumstances in which the fault was committed are different, then she or he can be treated differently. Common sense? Yes, but welcome all the same.

Family friendly working

The government has provided a definition of a 'carer' for the purpose of the flexible working provisions, which gives carers the right to flexible working hours. A carer will be someone who is:

• married to, a partner of, or in a civil partnership with the person needing care

• a near relative of the person

• someone living at the same address

A 'near relative' is defined as a:

• parent

• parent-in-law

• adult child/'child of the family'

• adopted adult child

• sibling

• uncle

• aunt

• grandparent

• step relative

The government is consulting further on how to deal with the issue of a fluctuating need for care.