This development builds on the successful model of many FE colleges who already provide higher education courses alongside A-Level, NVQ and other post-GCSE education. Last year, the government’s White Paper on higher education called for increased variety and competition amongst higher education providers. This year, the large number of FE colleges who were successful in their bids for additional funding is a significant move in that direction.

Demand for university education has dropped this year, but there will still be many more applicants than available places. The continuing pressure on the government to provide lower-cost degrees suggests that FE colleges will play an increasingly important role in the higher education sector in the coming years.

Dave Drew
0115 976 6226
ddrew@brownejacobson.com

The purpose of new league tables, due out next week, is to incentivise schools to raise standards and teaching for all pupils, instead of encouraging them to jump through hoops to avoid intervention. The revised tables will show more accurate and detailed statistics of grades, offering a comparison between the schools that take on high achievers and those that started at a lower base. They will carefully monitor the improvements made in each school.

It is hoped that this will further the government’s agenda to close the attainment gap between different backgrounds. This is coupled with the extra Pupil Premium funding to support poorer children. The theory is that in return schools should deliver the same level of achievement for all children, regardless of background.

Laura Richards
0115 976 6249
lrichards@brownejacobson.com

There is evidence of big differences in approach to the use of social media amongst schools- some ban teachers using the sites altogether, some allow restricted usage and others have barely considered the issue. And it needs to be looked at not only from a ‘friending’ point of view, but also to consider issues like appropriate privacy settings and profile pictures which, regardless of friending, can be accessed by pupils, parents and colleagues alike.

I hate to press for even more guidance in our sector, but this is an area where it seems schools need help.

Posted by Dai Durbridge, who specialises in safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

• The qualifying period for unfair dismissal is expected to be increased from one to two years in April
• Pensions auto-enrolment for larger employers begins in October
• Consultations are to be progressed on the introduction of the following:
  • ‘protected conversations’ between employers and employees about employment issues
  • a standard text for compromise agreements
  • allowing smaller employers to execute ‘no fault’ dismissals on payment of a prescribed sum
  • early compulsory conciliation of all claims
  • introduction of fees to bring a tribunal claim

The government is keen to reduce the amount of red tape in employment law to support business and boost the economy. This will be welcomed by employers. However care must be taken to ensure that the changes improve the effectiveness of the current framework, and do not simply add to employers’ administrative burden.

Posted by Hayley Prescott, who specialises in employment law, both contentious and non-contentious, including tribunal claims, unfair dismissal, redundancy, policies and procedures, compromise agreements, contractual issues and general advisory work.

Hayley Prescott
0115 976 6116
hprescott@brownejacobson.com

• Unfair dismissal qualifying period will increase to two years.
• It will be compulsory for all claims to be lodged with ACAS prior to the Tribunal so that a conciliated resolution can be attempted.
• Employment judges will have discretion to impose financial penalties on employers who breach employee’s rights.

There will also be a fundamental review of the employment tribunal rules of procedure led by the President of the Employment Appeal Tribunal.

In his speech announcing these plans, Vince Cable was clear that the reforms were intended to stop employment law being a barrier to employers growing their business. Tribunals should be a last resort for resolving workplace problems. Whether the proposals will have the desired effect remains to be seen.

Posted by Heather Bragg, who specialises in contentious and non-contentious employment matters including; contractual issues, unfair dismissal, redundancy and all areas of discrimination.

Heather Bragg
0115 976 6553
hbragg@brownejacobson.com

The changes are designed to streamline the inspection process. If implemented there will be fewer judgments but an increase in lesson observations. There will also be a greater emphasis on the elements that have the biggest impact on improving standards and increasing the job prospects of students.

Those judged good will be re-inspected within six years with those judged outstanding no longer being routinely inspected.

The proposals marry neatly with the inspection guidance and framework for schools, making it easier to compare and contrast educational providers. Ultimately, this assists both parents and students alike to make more informed decisions about post-16 education providers.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

This consultation process is seeking views on how best to implement the governments latest proposals, including; proposals to develop the shape of the sector, provide greater freedom and flexibilities, implement FE loans to encourage shared responsibility, simplify the funding system and review and improve literacy and numeracy provision for adults.

Business Secretary Vince Cable, said “With better informed, more empowered learners and providers freed from petty bureaucracy, post-school adult learning will take its rightful place at the heart of our communities.” The consultation closes on Friday 21 October so whether this noble statement becomes reality once feedback has been collated remains to be seen.

Posted by Richard Cox, who specialises in corporate transactions and advises colleges on numerous matters including joint ventures and partnerships, college mergers and funding disputes.

Richard Cox
0115 976 6135
rcox@brownejacobson.com

Tighter restrictions for student visa applicants already mean tougher English language requirements and students at public sector FE colleges are now limited to 10 hours of work per week during term time. Students at privately funded FE colleges or language schools are not permitted to work at any time during their studies.

Further changes due to take effect from April 2012 include:

• courses offering work placements will have to have a study:work ratio of 66:33 (except at HE institutions)
• Tier 1 Post Study Work Route will be closed (but switching to Tier 2 will be allowed in certain circumstances)

The concern for the education sector is that the tighter restrictions could mean that less international students apply to study in the UK.

Posted by Dawn Lobley, who specialises in employment law, acting for clients on matters including unfair dismissal, redundancy, restructure, TUPE, contractual issues and discrimination, plus immigration and data protection.

Dawn Lobley
0115 976 6185
dlobley@brownejacobson.com

The outcome of this dispute is unclear as both sides have begun to gain significant support from other parties. The UCU gained a considerable boost when the Worker’s Education Association also began boycotting the IfL, and the IfL in turn was strengthened by comments from skills minister John Haynes who stated that he had no power to stop the IfL setting their own membership fee.

At a time of vast public sector cuts it is odd that the IfL have put up so much resistance to the UCU’s comments, and the looming crisis begs the question: are we on the verge of seeing huge educational deregulation?

Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Whilst restructuring can allow colleges to continue, mergers will inevitably mean that more further educational provision is delivered by fewer and bigger colleges. Providers will argue that the future of further education lies with larger, streamlined colleges which provide economies of scale.  However, learners may not be convinced of the benefits of bigger colleges and could feel short-changed if their ability to choose from a range of learning providers is dramatically reduced.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com