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Further Education & Higher Education eNews | November 2022

The University of Dundee v Chakraboty - the importance of understanding legal privilege

The recent Scottish case of The University of Dundee v Chakraboty highlights the importance of understanding the rules of legal advice privilege, specifically how and when it applies. In this case, despite what the University believed, the first draft of a grievance investigation report was not legally privileged and had to be disclosed. This left the University exposed, as communications that they thought were private were to be revealed to the aggrieved employee in the context of an employment tribunal claim.

New SAR guidance for employers published by the ICO

On 24 May 2023 the Information Commissioner's Office (ICO) published new guidance for employers and businesses relating to responding to Subject Access Requests (SARs). This guidance has been released in the wake of recent enforcement action issued by the ICO to two local authorities, for failure to respond to SARs in a timely manner. Find out more about this here, take a look at our recent article, discussing the factors leading to this decision and the lessons that can be learned.

Criminal exploitation and financial hardship- the impact of the ongoing cost-of-living crisis on college students

The All-Party Parliamentary Group (APPG) for Students has recently sought to highlight the impact of the cost-of-living crisis on students in further education (FE), in particular the unique difficulties that college students face (as opposed to say, for example, their higher education (HE) counterparts). The report, published July 2023, emphasises the immediate and long-term consequences that threaten FE students and the knock-on impact this is having on their ability to complete studies. Below is a summary of the report’s main findings.

Understanding the UCU Marking Boycott: A Disruption in Academic Assessment

The University and College Union (UCU) marking boycott has emerged as a significant topic of contention within the academic community. The marking boycott is a form of industrial action employed by the union as a means to negotiate to improve working conditions and pay structures for university staff. The boycott began in April 2023 and is understood to be affecting around 150 HE institutions.

DfE Launches Consultation on Data Sharing Advice for Safeguarding Young People

Earlier this month, the Department for Education (Dfe), announced that it was seeking views on the revision to its guidance “Information Sharing Advice for Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers”.

This non-statutory guidance provides information sharing advice to organisations that work with children and young people in sectors including education. The Information Sharing Advice was last updated in July 2018 following the introduction of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. More recently, the government has committed to revising the Information Sharing Advice to address concerns that there are legal impediments to sharing information.

Asbestos in schools webinar

Recent press reports have highlighted that a number of education establishment buildings still contain asbestos, putting staff and students at risk of contracting asbestos related conditions.

Join Nicola Dawn, a partner in our Manchester office and occupational disease specialist for this webinar in which she will discuss the potential risks in relation to asbestos, the insurance position and what can be done to manage the risk.

Date: Wednesday 12th July

Time: 9:30am - 10:30am

Location: Online via Zoom

Book Here

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