W:
www.universitybusiness.co.uk | T: @UB_UK
date. The idea is that there will be a pot of leave and it is up to the parents how to use it. Parents will need to decide if Shared Parental Leave is the best option for them. Employers can expect to start receiving
notices of eligibility and the intention to take Shared Parental Leave from qualifying employees from January 2015. The greatest challenge for employers
will be the need to be more fl exible than ever in workforce planning but there may be real benefi ts for staff and universities. The ability for a mother to be able to share parental leave with her partner to give her fl exibility around say completion of a research project is just one example of how this can be of mutual benefi t.
Fitness for work The Fitness for Work Service is being introduced on a phased basis from late 2014. It includes a state-funded assessment by occupational health professionals for employees who are off sick for four weeks or more, and expert advice and assistance to facilitate return to work. It's too early to assess the impact of
the scheme but it will be welcomed by employers, if it makes a signifi cant contribution to helping employees back to the workplace.
“Gender equality, and particularly the advancement of women, continues to be a challenge for the higher education sector”
of this extended right in the higher education sector. Certainly, the way universities respond to, and encourage, fl exible working is an important part of the total reward package and will increasingly be an important element in recruitment and retention of academic and professional services staff .
Shared parental leave On 1 December 2014 a new right of Shared Parental Leave came into force although the options to use the new Shared Parental Leave rights will only apply to parents who meet the eligibility criteria where the baby is due to be born on or after 5 April 2015, or for children who are placed for adoption on or after that date. This will enable mothers, fathers,
partners and adopters to choose how to share time off work after their child is born or placed. So for example, this could mean that the mother or adopter shares some of the leave with her partner, perhaps returning to work for part of the time and then resuming leave at a later
Gender equality Gender equality, and particularly the advancement of women, continues to be a challenge for the higher education sector. Higher education institutions are
subject to the public sector equality duty which, in the context of gender, includes the requirement for higher education institutions not only to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Equality Act 2010 but
ABOUT BETTINA
Bettina Rigg is an employment lawyer and Head of Higher Education at leading education law fi rm Veale Wasbrough Vizards. Bettina can be contacted on
020 7665 0960 or at
brigg@vwv.co.uk.
also to advance equality of opportunity between women and men. One of the ways in which the higher
education sector has responded has been through the take up of the Equality Challenge Unit Athena Swan Charter in relation to women in the science-related (STEM) subjects. However, it is clear that there are gender inequalities and imbalance in the arts, humanities and social sciences, in particular the under- representation of women in senior roles. From a legal perspective, this exposes institutions to the risk of discrimination and equal pay claims as well as action for failure to comply with the Public Sector Equality Duty with all the damage to brand and reputation that results whether or not claims are successful. The introduction in 2014 of the trial
rounds of a gender equality charter mark is intended to help institutions address the problem. The Equality Challenge Unit has recently announced the award results for the trial rounds with the fi rst award submissions welcomed in 2015.
Horizon scanning Given the forthcoming general election, we are in a period of uncertainty about what employment law changes may come our way in 2015. There is talk of ending the use of exclusive zero hours contracts, introducing a British Bill of Rights to replace the Human Rights Act and wholesale reform of the employment tribunal system. All would have implications for the higher education sector. We also expect to see an even greater
focus on employee wellbeing both during the day-to-day employment relationship and where there are disciplinary proceedings, especially given the recent confi rmation by the Court of Appeal that an employer could be found to have breached its duty of care towards an employee if it unreasonably commences disciplinary proceedings. However, probably the most
signifi cant issue for 2015 will be the ongoing discussions and consultations about proposed changes to the
Universities Superannuation Scheme. Without doubt, the higher education sector is entering choppy waters as it grapples with how to address the substantial defi cit in the USS, and how to mitigate the risk that contribution rates will become unaff ordable for both employees and employers. UB
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