Safeguarding Vulnerable Adults

A new resource for safeguarding vulnerable adults has been published by NIACE. Called Safer Practice, Safer Learning, it sets out the safeguarding responsibilities of further education colleges, adult and community learning providers and providers of workbased training in the learning and skills sector in England.

The document offers guidelines to education and training providers on producing supporting policies and procedures, as well as suggestions for raising awareness of abuse, with strategies to deal with it among staff and learners. Most importantly, this guide recommends creating a ‘safer’ learning environment that promotes well-being and security, essential for all learners and all staff.

To download a pdf version, please follow the link to Safer Practice, Safer Learning.

TUC Welcomes Action On Skills

Welcoming the publication today (Wednesday) of details revealing how the Government intends to respond to the last year’s Leitch report and improve the skill levels of UK workers, TUC General Secretary Brendan Barber said:

“Ministers should be congratulated for drawing up a skills plan that does more than justice to Lord Leitch’s original recommendations and which will do much to tackle the problems that low skills create for both employers and individuals.

‘The UK’s previous focus on skills only ever seemed concerned with what a lack of education and training meant for employers and their productivity. Today’s announcement is a real departure in that it recognises that individuals who improve their skills through workplace learning can look forward to rewarding careers and an enhanced earning potential.

‘The decision to legislate to strengthen the existing right for adults to achieve the equivalent of a school leaving certificate prepares the ground for the introduction of a legal right to training in three years time, should enough employers fail to give their staff access to learning at work.

‘The TUC’s learning arm, unionlearn, will now begin work on a strategy to help unions and union learning reps make the most of these new skills initiatives so that they can reach out to the employees who have yet to experience the benefits of workplace learning.”

To view the government’s proposals on implementing the Leitch Report please download the document World Class Skills.

Union Organising Guide

A new booklet, Guide to Organising has been published by the TUC. It aims to offer unions a framework for planning, implementing and winning organising campaigns based on practical experience, proven best practices and research around organising in the UK and internationally.

The focus of the guide is organising to secure union recognition in greenfield campaigns and ‘in-fill’ campaigns, or campaigning around pay and other issues. While the specifics of every campaign will be different, this guide applies the key principles that form the basis of successful campaigning and organising. This guide is available free of charge and is available for download from www.tuc.org.uk/extras/guidetoorganising.pdf

New Disability Guidance For Post 16 Education

New guidance for the post-16 education sector, aimed at reducing inequalities experienced by disabled students, has just been launched. A Code of Practice for those providing post-16 education has been produced by the Disability Rights Commission (DRC) and follows changes to the law (under the Disability Discrimination Act) last September.

The legal changes mean the sector cannot refuse to provide education to a student simply because they have a disability or long term health condition. For example, if a blind woman is not offered a place on an IT course because the education provider wrongly assumes that blind people cannot use computers then this is likely to be what is legally termed ‘direct discrimination’ and is now unlawful.

The Code of Practice explains how a number of legal changes introduced last September will impact on post-16 providers and gives examples on how these changes can be put into practice to ensure disabled students are treated fairly.

Launching the Post-16 Code, Sir Bert Massie, Chairman of the DRC, said:
“It’s now been clearly established that if we improve educational outcomes in post-16 learning then disabled students have a better chance of getting work. These new duties aim to reduce inequalities and so increase the numbers of disabled people moving into and progressing in the workplace.”

In an analysis of legal casework, the DRC found the most common allegations of disability discrimination were in relation to teaching practice; exams and assessments; learning support; equipment and materials; and outings and trips. The DRC says that negative experiences in these areas and others may lead to disabled people leaving courses, never completing qualifications and ending up disengaged, disempowered and out of work.

‘The Code of Practice (revised) for providers of post-16 education and related services’ can be downloaded from the DRC’s website.

Stress Still Big Problem

Work related stress continues to be a big problem for members. Only this week we referred another serious case to our solicitors.

On a related note, the Health and Safety Executive (HSE) has published a newsletter about its ongoing campaign to tackle stress in the education sector. It covers progress on implementing the management standards for work related stress and looks at activities planned for 2007-2008. A copy of the newsletter can be sent to members on request if they contact the ACM helpline.

Restructuring: Why the Poor Management?

With so many colleges restructuring it isn’t surprising to hear how bad things are going in some workplaces. One of the biggest problems appears to be an over-eagerness to get on with it regardless of whether consultation with the trade unions has been completed. This, quite honestly, is a recipe for trouble. If a college issues more than 20 “at risk of redundancy” notices to staff, then it will have to consult all the recognised trade unions, even if for some unions their members are only affected indirectly. To do otherwise leaves the college open to legal action.

Indeed, consultation is a process written into an Act of Parliament and well established by case law. It must be undertaken with a view to reaching agreement and must be completed before any notice of dismissal is issued. So you can imagine our dismay when we see colleges pay lip service to consultation law and present ACM and other unions with a fait accompli. Worse, some even start recruiting to the proposed new structure while consultation is continuing. This shockingly bad practice leads to arguments, bad feeling and disaffected staff.

Yet as any experienced manager will know, effective management of any change is as essential as the change itself. It’s a process that inlvolves genuine consultation and yes, even compromise. But when it comes to restructuring, some colleges simply aren’t interested.

To help deal with such poor practice, we have updated our own negotiators’ checklist and our guidance booklet for branch officers. We have also produced a model policy that considers the issues relevant to most restructuring situations. Branch officers can download a copy of each from the branches area of the ACM website.

First Aid Newsletter

The Health and Safety Executive has published the first issue of its First Aid Newsletter. The aim is to keep first aiders and others updated on approval and monitoring issues. A copy of the newsletter (in pdf format) can be downloaded from www.hse.gov.uk/firstaid/fawnewsletter0507.pdf.

Slips and Trips E-Bulletin

The Health and Safety Executive (HSE) has produced a new e-bulletin on slips and trips. This is a major issue in public buildings such as colleges, and is one of the priority areas for action identified by FESH, the further education safety and health forum. You can sign up to the e-bulletin at the HSE newsletters and bulletins page.

Slips And Trips Mapping Tool

The Health and Safety Executive (HSE) in partnership with trade unions, has produced a slips and trips mapping tool. Aimed at union safety representatives, it supports the HSE campaign to reduce slips and trips in the workplace.

This particular issue is one of priorities identified by FESH, the further education safety and health forum. Safety representatives can use the mapping tool to involve union members in identifying slips and trips problems and hazards in the workplace, using their knowledge and experience.

ACM can e-mail a copy of the tool (PDF format) to any member who sends a request to the ACM helpline. For more information about the slips and trips campaign, please visit the HSE 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.

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.