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A head teacher with a 42 year untarnished teaching career was convicted of breaching the Health and Safety at Work Act 1974 (HSWA) after taking students on to the school roof to show them renovation works. One student fell suffering serious, permanent injury. The head teacher was fined £20,000 and ordered to pay costs of £22,708. He must pay both sums within six months or will face up to a year in prison.
In addition to employers’ duties under the HSWA, employees are under a duty to take reasonable care of their own and others health and safety. This case is a stark reminder that one “grave and uncharacteristic judgement” which leads to a breach of health and safety at a school can cause serious repercussions that can attach to the individual employee responsible, and not necessarily the employer.
It is important that all school staff know and understand their legal obligations regarding health and safety to prevent circumstances such as these from occurring again.
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
Partner and Head of Education
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