Articles

SEND provision beyond 24 September 2020 - a brewing storm?
Caroline Stone examines the forthcoming changes to the SEND Regulations 2014.

Legislating in the time of Corona
Caroline Stone examines the Administrative Court’s recent decision in R (Amber Shaw (a child, by her mother and litigation friend Deanne Shaw) and ABC (a child, by his mother and litigation friend XYZ) in which two disabled children with EHC plans challenged decisions made by the Secretary of State for Education regarding SEND provision during the height of the pandemic.

Council wins Judicial Review challenge to academy order
Katherine Anderson reviews Somerset County Council v Secretary of State for Education [2020] EWHC 1675 (Admin).

“Low arousal” environments examined by the Upper Tribunal
Emma Waldron reviews JI and SP v Hertfordshire County Council (SEN), in which the Upper Tribunal examined whether sufficient reasons had been given by the First Tier Tribunal for rejecting expert evidence and for finding that a school could provide a “low arousal environment”.

Disability Discrimination in the Employment Tribunal: lessons for education lawyers
Sarah Bowen and Naomi Webber consider two recent appellate decisions (Khorochilova v Euro Rep Limited UKEAT/0266/19/DA and Robinson v DWP [2020] EWCA Civ 859) in respect of the provisions of the Equality Act 2010 (EqA) in relation to the protected characteristic of disability. Whilst the facts of the cases relate to the employment sector, the same definition of disability applies in the context of education. Accordingly, their principles are directly relevant and applicable to disability discrimination claims in education.

3PB's specialist commercial law barrister Neil Fawcett reviews The Financial Conduct Authority v Arch Insurance
(UK) Ltd. and ors [2020] EWHC 2448 (Comm) (“the Test Case”) and outlines what this means for other businesses with business interruption insurance.

Deferral of Capital Claims in Times of Economic Uncertainty
As the pandemic inflicts significant damage on our society and economic activity, causing significant difficulties in valuing assets, Michael George examines the temptation of deferring capital claims.

The power of the Construction Industry and Training Board to impose levies under the Industrial Training Act 1982

3PB Commercial Barrister Marc Brittain and Pupil Barrister Mariya Peykova consider the conditions under which employers in the construction industry should have to pay a levy for the purpose of meeting the expenses of an industrial training board.

3PB Commercial Barrister Marc Brittain and Pupil Barrister Mariya Peykova consider the conditions under which employers in the construction industry should have to pay a levy for the purpose of meeting the expenses of an industrial training board.

Can a dismissal without any procedure be fair?
Daniel Brown reviews Gallacher v Abellio Scotrail Limited, a relatively rare case in which the employer decided, prior to dismissal, that a procedure would serve no useful purpose and the ET agreed.

Is an employee who works shifts at two franchises who trade under the same name employed by both?
Sarah Clarke analyses Aftala Norfolk Ltd T/A Papa John’s Pizza et al v Read, in which we are reminded that when it comes to the question as to who the correct employer is, the employment relationship needs to be critically analysed.

Foster carers were employees of the Council
In Glasgow City Council v Johnstone, the employment status of foster carers is called into question. Grace Nicholls provides an analysis.