Breakfast Briefing for School Leaders | holiday pay changes and HSE's asbestos inspections
Created specifically for education leaders by those who support them on a daily basis, this free webinar will provide a helpful update on the key issues impacting the sector right now, answer common queries currently being asked by schools, and help you to manage staff and maintain safety and compliance.
Thursday, 22nd September at 9:30am
Join our Education Breakfast Briefing this Autumn to discover why education leaders may need to rethink their holiday pay and entitlement calculations, as well as the potential legal risks of not updating your practices.
Plus, get a timely reminder of your legal liabilities surrounding asbestos, ahead of the HSE’s targeted inspection campaign starting this September.
Holiday entitlement and pay – important changes for schools following Harpur Trust v Brazel
Following a long-running case involving a visiting music teacher, the Supreme Court has now confirmed that all part-year permanent workers – namely those who are employed throughout the year, but don’t work every week, such as those on zero hours, ad-hoc or term-time contracts – are entitled to 5.6 weeks’ paid annual leave in each leave year, and this leave cannot be pro-rated according to the number of hours worked.
This means the commonly used 12.07% method is no longer permitted and schools must update their methods immediately to ensure they are compliant.
In the first part of this one-hour session, we’ll be helping you get to grips with this complex case to help you avoid costly holiday pay claims. We’ll be covering:
- The background to the recent Harpur Trust v Brazelcase and a breakdown of the Supreme Court’s decision
- The types of workers impacted, including Green Book term-time-only / part-year worker provisions
- The common queries we’re receiving from schools – answered by our experts
Managing risks from asbestos – HSE inspecting schools from September
Under the Control of Asbestos Regulations 2012, schools have a duty to prevent or reduce exposure to asbestos.
DfE data suggests more than eight in 10 schools have the asbestos-containing material on their sites. Inhaling asbestos fibres can cause a number of serious diseases, including cancer and asbestosis and research has shown that exposure to asbestos is more dangerous the younger a person is.
The Health and Safety Executive (HSE) has recently announced that it will be carrying out a programme of inspections in England, Scotland and Wales from September 2022 onwards to assess how primary and secondary schools are managing asbestos risk. Schools may be asked to provide certain documentation, including their asbestos register and management plan.
In the second half of session, we’ll be taking a closer look at:
- Schools’ legal liabilities in regard to asbestos
- What, in our experience, is often missing from schools’ asbestos management
- Asbestos-related prosecutions and Fee for Intervention enforcement visits within education, to help you avoid similar pitfalls.
All attendees will be sent free related resources, including a copy of our Holiday Pay 101 Guide for Education produced by our Employment Law education experts, following the session.
Support calculating holiday entitlement and pay
Due to the complex and evolving nature of this area of employment law, we strongly recommend that you seek professional support to ensure you’re implementing the decision correctly and compliantly.
WorkNest’s Employment Law and HR specialists can:
• Provide pragmatic advice on how to ensure that all categories of workers at your education facility are receiving their correct holiday entitlement and pay to reduce your risk of claims
• Advise on how to deal with underpayments, including drafting all employee correspondence on your behalf so you can be sure it’s watertight.
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