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Yesterday, in a decision which has significant implications for academies, the ECJ gave their decision on whether terms and condition of employees working under a 'collective agreement' should automatically change as amendments to the collective agreement are negotiated, or whether the terms should 'freeze' on transfer. They decided the latter.
The case of Alemo-Herron and Ors v Parkwood Leisure Ltd involved an employee of a local authority who had been transferred to a private company. He argued that he should automatically be entitled to the pay rise that he would have been awarded, if his employment hadn't been transferred.
The court found that to impose contractual changes on employers who are not a party to the negotiations would limit the "very essence of its freedom to conduct a business".
This ruling means that academies will not automatically be bound by pay rises agreed by local authorities for their non teaching staff.
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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