Leader magazineASCL - Association of School and College Leaders

Employment law

Husbands and wives

In something of a landmark case the employment appeal tribunal (EAT) ruled that it was not discriminatory for Hampshire Police to have a policy that prevented partners from working together where one would be supervising the other.

It said that the policy was justified given the problems that might arise, particularly in the perception of other officers (of favouritism etc).

Husband and wives quite often work in the same school or college so the decision may be relevant. This decision does not give complete control over working relationships between partners but it does imply that employers can act proportionately with good cause.

Cheating on CVs

Schools and colleges are reminded that they are expected to double check qualifications of staff. In a recent case, a teacher was issued with a prohibition order by the GTC for twice falsely claiming on a CV to be a mathematics graduate. She pursued the matter in court but the judge dismissed her application to set aside the prohibition. It is a reminder that not even teachers are honest all the time and schools and colleges need to be alert for such infractions.

Annual leave deferred

Contrary to earlier announcements, while minimum annual leave rises to 24 days in October 2007, the proposed increase to 28 days will be deferred to 1 April 2009, though payment in lieu of holiday will still be possible up to that point. This is a transitional measure to allow for recruiting and training staff to meet the new requirement.

Appointing staff in Wales

The regulations on the appointment of staff in Wales may catch out English teachers moving to Wales, who require a CRB check on moving. This does not apply to staff moving within Wales.

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