Road Death Due To Long Hours Culture

Colleges that have employees who drive for work should ensure they do not have a long hours culture after a firm was found liable for a road accident in which one of its workers was paralysed.

Michael Eyres was left paralysed by an accident that occurred when he momentarily fell asleep at the wheel. His employers have been found liable for the incident after judges at the Court of Appeal said the company had a long hours culture.

Eyres broke his back in the accident and will not be able to walk for the rest of his life. The ruling means he can now sue his employers, Atkinsons Kitchens and Bedrooms, and could be in line to receive over £1m damages. In the meantime the court awarded an interim £400,000 payment. The final award will be reduced by 33% as he was not wearing a seatbelt, and because he knew he was at risk of falling asleep.

At the time of the accident Eyers had worked a 19-hour day and driven hundreds of miles; he was, said one judge, “in that predicament because his employers had put him there.” (Eyres v Atkinsons Kitchens and Bedrooms Ltd 2007 EWCA Civ 365)

Advice On Cyber-Bullying

There has been a number of reports in the media recently of what we refer to as “cyber-bullying”. This is where a mobile phone, e-mail or website is used as a tool or method to bully the victim. In response to this problem, the Teacher Support Network has produced some useful guidance. Aimed at staff and students who are experiencing this particular form of bullying, you can view the advice on the TSN website.

Disability Commission’s Warning

The Disability Rights Commission (DRC) is putting organisations from across the public sector on notice after publishing the names of more than 60 public authorities which have failed to produce a disability equality scheme, despite a deadline of December last year and subsequent warning letters from the Commission.

Local councils, colleges, universities, health trusts, museums, fire departments and Channel 4 Television are among those to whom the Commission wrote to at the beginning of March, but many have still not provided any evidence that the required scheme is in place.

By law a disability equality scheme must include a statement of how disabled people have been involved in developing the scheme, arrangements for gathering information, details of how information gathered will be used, and an action plan detailing the steps that are going to be taken to meet the general duty to promote equality of opportunity. More information about the duties of colleges and disability equality schemes can be found on the FE pages of the DRC website.

TUPE Guidance Updated

The government recently updated its guidance on the Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE. For college staff, the regulations are relevant usually when one college merges with or transfers its operations to another college.

The 2006 regulations added a number of changes to the original TUPE regulations, including widening their scope to cover cases where services are outsourced or assigned by a client to a new contractor. Of particular interest to ACM members is clarification on the circumstances in which it is unfair to dismiss someone for reasons connected with a transfer.

A copy of the guide (PDF format) can be downloaded from the DTI employment relations website, or it can be requested from ACM by sending an e-mail to the helpline.

HE Applications At Record High

Updated figures just released by UCAS show that yet again the number of people applying to enter Higher Education in 2007 are the highest ever at this point in the application cycle. The figures update those released in February this year and take into account applications which were submitted to UCAS up until 24th March 2007.

They show that between January and March, the numbers of applicants from England rose by 34,000 (from 291,000 to 325,000) and that compared with this point in 2006 applicants from England are up by 6.0%. The figures also show that applications in a number of strategic subjects such as physics, chemistry, biology and foreign languages such as French, German and Japanese have increased significantly.

Occupational Stress Survey

Liverpool John Moores University is conducting a study into occupational stress, investigating the experience of physical symptoms and beliefs regarding health. The study has been funded by the HSE as part of their initiative to investigate the relationship between stress and health.

Participation involves completion of an online questionnaire, which takes approximately 20 minutes and can be accessed from the internet. The online format ensures maximum confidentiality and anonymity, and all data will be covered by the Data Protection Act (1998).

If you would like to participate in the survey, it can be accessed until the end of May using the following link: http://www.survey.ljmu.ac.uk/ljmuocc

Attendance Management

The employment relations service ACAS has produced a new self-help guide to attendance management. Although primarily aimed at HR managers, it also contains guidance for line managers on managing absence and a brief outline of the relevant law. A PDF version of the document can be requested by sending an e-mail to the ACM helpline.

Constructive Dismissal

Constructive (unfair) dismissal has always been one of the most difficult claims to win before an employment tribunal. It occurs when an employee terminates his or her contract of employment in circumstances such that he or she is entitled to do so by reason of the employer’s conduct. More specifically, the employer’s conduct that triggers the resignation must amount to a fundamental breach of an essential term of the contract (such as the implied term of mutual trust and confidence).

In a recent case, the Employment Appeals Tribunal (EAT) has clarified the legal test that a tribunal should adopt when considering claims relating to a breach of mutual trust and confidence. The EAT said that conduct calculated to destroy or seriously damage the trust and confidence between employer and employee does not automatically amount to a breach of the implied term. It will only do so if the employer had no reasonable and proper cause for the conduct. Abbey National plc v Fairbrother EAT (0084/06).

ACM’s employment relations briefing Constructive Dismissal is available on request to members contacting the national helpline.

FE Success Rates Increase Dramatically

Success rates in the Further Education sector increased dramatically in 2005/06, beating a number of Government targets. Figures released last week by the LSC show that the success rate target for FE colleges has been passed two years early, with rates increasing by 2 percentage points to 77 per cent in 2005/06, which exceeds the LSC’s target of achieving a 76 per cent success rate by 2007/08. This means that for every 100 courses started, 77 result in success with a qualification being achieved.

In the past 6 years, success rates in colleges have risen by over 20 per cent and now over three-quarters of students are achieving qualifications. The results show that the sector is responding well to the skills challenges set out by Lord Leitch and the LSC’s agenda for change which aims to raise the reputation of FE by encouraging excellence, economic success and simplification.

There have also been significant improvements made in the number of young people completing Apprenticeships. Success rates for a full Apprenticeship programmes have increased by 13 percentage points over one year from 40 per cent in 2004/05 to 53 per cent for 2005/06. Work Based Learning success rates are now within striking distance of 59 per cent, which is the 2007/08 target.

Success For ACM Solicitors

Martin Bare, a Partner at ACM’s solicitors Morrish & Co, will today become president of the Association of Personal Injury Lawyers (APIL). I’m sure all ACM members will wish him every success in this role.

Members may also be interested to learn that Morrish & Co recently retained it’s Lexcel accreditation. A message on the Morrish & Co website says, “We are one of a handful of law firms to boast both Lexcel & Investor in People standards. Lexcel is the Law Society’s kitemark to demonstrate excellence in provision of legal services, in terms of quality of client care, internal procedures, and law firm management and organisation.”

Smoke-free Guidance Updated

We have updated our guide on smoke-free workplaces. As well as explaining the new smoke-free regulations, the guide includes advice on smoking policies and resources available to smokers who wish to quit. We also have in PDF format examples of the signage required to be displayed in workplaces in order to comply with the law.

Members can request a copy of the guide and/or signs by sending an e-mail to the ACM helpline.

Important Debates For Branch Policy Forum

A call for ACM Council to oppose any local proposals to contract-out teaching departments or the management of learning services, will be made next month at the ACM Branch Policy Forum. This item is just one of a number of important issues being debated when delegates convene on 11 May in Birmingham. Other issues for debate include ESOL, workplace bullying, support for ACM branches, and professional development for managers.

Decisions taken at the Forum will form the basis of future ACM policy. If your branch has not yet appointed a delegate, it is still not too late to secure a place. Please contact our events department for a booking form and return it by 30 April 2007.