News

In order to succeed in a constructive dismissal case, (a form of unfair dismissal, where the employee resigns), an employee must prove:- The employer committed a fundamental breach of an express or implied term of the contract of employment. The employee resigned as a result of the breach. The employee did not delay too long … Read more

In the case of Smith v Pimlico Plumbers, the EAT has upheld an employment tribunal decision that a worker has no right to carry over payment for annual leave where the worker was previously permitted to take leave that was unpaid. Although an earlier case had established that a worker is entitled to carry over … Read more

Summary Under current employment law, there are three categories of individuals providing their services in the job market: Employee. Worker. Self-employed independent contractor. There are statutory definitions for the first two categories, although these are not comprehensive and the current position has been substantially defined through case law. An individual who is neither an employee … Read more

The DfE have published the latest advice on the use of face coverings in schools and further education. Secondary Schools guidance Where pupils and students in year 7 and above are educated, the DfE recommend that face coverings should be worn by staff, pupils and students when moving around the premises, outside of classrooms, such … Read more

We are currently working with a number of schools that are looking to achieve significant savings on the cost of insurance by moving to the Government’s Risk Protection Arrangement. What is the Risk Protection Arrangement (RPA)? The RPA is not an insurance scheme but is a mechanism through which the cost of risks will be … Read more

Summary Happy New Year! On 3 January the PM told Andrew Marr that was “no doubt in my mind that schools are safe” and that the risk to children was “very, very low” and the benefit of education was “so huge”, but did not rule out further closures. The NEU have advised their members not … Read more

Good afternoon, All our best wishes for a very Merry Christmas and a Happy New Year. We look forward to catching up with you in the New Year. From all of us at, Cook Lawyers

New self-isolation requirements announced today New filtering rules for DBS certificates Keeping children safe in education: proposed revisions 2021 1. Covid-19 new announcement today – Self-isolation cut to 10 days from Monday 14th December Self-isolation for contacts of people with confirmed coronavirus will be shortened from 14 to 10 days across the UK from Monday … Read more

There is a common misconception that a current or former employee is entitled to a ‘good’ reference or, more accurately, that an employer cannot make any negative comments about an employee.  This is simply wrong. In the education sector a useful starting point is the School Staffing (England) Regulations 2009 (SI 2009/2680) which states that … Read more

Summary The PM gave a statement at the coronavirus press conference on 26 November 2020.  The full statement is here. In addition, the Health Secretary, Matt Hancock, made a statement to the House of Commons and announced which regions would be in each tier. The full guidance on the different tiers is here – Local … Read more