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Female workers in schools can compare themselves to local authority grounds men, refuse workers and leisure attendants when bringing an equal pay claim, following a landmark decision by the Supreme Court.
The case turned on whether the workers could be held to be ‘in the same employment’, despite being employed on different terms and conditions at different establishments. The court found that the correct test was whether the comparators would still be employed on broadly similar terms if they worked in schools, and that there was sufficient evidence to succeed on that basis.
As a result, over 250 female classroom assistants, support for learning assistants and nursery nurses could be entitled to backdated bonuses; “an estimated £12 million in lost pay” according to UNISON, which represented the female workers. The judgment will undoubtedly have a significant impact on the near 50,000 equal pay claims which are currently outstanding.
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.
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