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PRACTICE NOTES
Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation of new academies and free schools apply only in England. As such, this Practice Note applies to England only. Who is the employer? The employer for academies and free schools is a trust (ie trustees) or a proprietor. This is in contrast to maintained schools, where the employee is the local authority or governing body. For details, see Practice Note: Teachers and staff in maintained schools. Volunteer helpers and school governors are not (in that capacity) employed staff, although they may be ‘workers’ for other purposes. For further information on status, see: Status and worker categories—overview. For further information on the different types of school, see: School organisation and regulation—overview and for information on staff in maintained schools, see Practice Note: Teachers and staff in maintained schools. For further information on governing bodies, see Practice Note: School governance. Employment tribunal claims School staff can bring claims in the employment tribunal on the grounds of discrimination, breach
PRACTICE NOTES
This Practice Note explains who the employer of the school’s teaching and non-teaching staff will be: • the local authority (LA) • the school governing body • the trustee or proprietor It also deals with requirements when employing head teachers, teachers and support staff, including in relation to recruitment and appointment, qualifications, pay and conditions, appraisal and capability and conduct and discipline. It summarises the position regarding the appointment of staff in faith schools (ie schools designated with a religious character) and the special protection against religious discrimination for teachers in secular schools. It also covers staff duties and responsibilities for safeguarding children. Who is the employer? The employer will depend upon the status of the school. The employer is: • the LA for: ◦ community schools ◦ voluntary controlled schools ◦ community special schools ◦ maintained nursery schools • the governing body for: ◦ foundation schools ◦ voluntary aided schools ◦ foundation special schools • trustees or a proprietor for: ◦ academies ◦ free schools ◦ independent
NEWS
The European Association of Medical devices Notified Bodies (Team NB's) IVD Software Working Task Force, representing 15 notified bodies, has published version 2 of its position paper on software classification under Regulation (IVDR) (EU) 2017/746 (In Vitro Diagnostic Medical Devices Regulation (IVDR)). The updated document features a simplified decision tree and refined terminology for software classification examples. The position paper aims to provide clarification on the classification of software products under IVDR requirements, offering updated guidance for manufacturers and notified bodies.
PRACTICE NOTES
Delegation is an essential part of managing and developing your team—many of the skills they need to learn cannot be acquired solely by theoretical learning, they need to be able to adapt and apply that knowledge in the 'real world' with your expert guidance, and that is where delegation comes in. This practice note will cover: • considering the task and the person • using a skills matrix • the stages of delegation • building skills by gradual delegation • troubleshooting common delegation scenarios • tracking delegated tasks Considering the task and the person For smaller, day-to-day, delegated tasks you probably will not need to go through all of the stages covered in this Practice Note but, when you are delegating to develop teams, or struggling with a particular issue, it is reassuring to check you have covered all the bases. The first thing to consider when delegating is the complexity of the task and the capabilities of the individual—are the two well matched? Things to consider around the task Things to consider
PRACTICE NOTES
The most effective legal teams are constantly looking to the future, anticipating changes in their organisation and industry and how best to support the business through them. The real difficulty is that we can often get bogged down in the detail of the day-to-day. A team meeting environment is an enormously valuable tool to help us lift up our heads and focus on the bigger picture in a supportive and collaborative environment and to keep a goal focus rather than the Groundhog Day effect of countless similar legal issues crossing our desks daily. This Practice Note provides guidance for in-house lawyers to help them ensure they have the right framework in place for organising team meetings and creating a positive environment at those meetings. The benefits of team meetings If you are facing general resistance from the team to holding regular legal team meetings in the first place, here are some tips to help support you in your messaging and flag their key benefits. Increased trust and transparency in teams If your team mainly communicates via digital channels,
PRECEDENTS
Please complete this questionnaire and return to [insert details of relevant person within your organisation]. What are you hoping to achieve from attendance at a legal team meeting? How would you rate the following meeting objectives from 1(low)–10(high)? Rating 1–10 • efficient—things gets done • positive and fun—so people enjoy themselves
CHECKLISTS
This Checklist provides a practical aide memoire for in-house lawyers of the things to consider when organising and running a team meeting. For further guidance, see Practice Note: Team meetings and Precedents: Legal team meeting agenda and Team meetings feedback questionnaire. Meeting objectives • have you set the primary objectives of this meeting? • are the objectives clear and have been communicated to all participants? Scheduling and venue • is the meeting arranged for a time that is convenient
PRACTICE NOTES
This Practice Note considers the legal issues that may arise in a team move, where two or more partners of the same partnership or members of the same limited liability partnership (LLP) leave that entity and either set up in business on their own account, or join one of the partnership or LLP’s competitors. The Practice Note examines the unlawful conduct that may arise and the nature of the legal duties owed by partners and members, which may arise under the Partnership Act 1890 (PA 1890), the Limited Liability Partnerships Act 2000 and the default provisions of the Limited Liability Partnerships Regulations 2001, SI 2001/1090 (LLPR 2001). The importance of express terms in partnership deeds and LLP agreements is explained. Practical issues are outlined and issues relating to garden leave and post-termination restrictions, which may apply in relation to competition, solicitation or poaching of clients and/or other employees, are explained. Finally, remedies are examined, including springboard relief. Similar issues arise when considering a team move from an employer. For more
PRACTICE NOTES
This Practice Note examines the legal and practical issues for an employer on a team move, where one or more of its employees solicit or poach other employees of the current employer to join a new employer or to set up in business on their own account. Their move may have been orchestrated by the new employer. The team move scenario has given rise to a number of employee competition cases, and the law has developed in response to this phenomenon. From the initial position that there was ‘nothing in the general law to prevent a number of employees in concert deciding to leave their employer and set themselves up in competition with him’ (see Searle v Celltech), team moves are now fraught with legal difficulties for the current employer, the departing employees and their new employer. This Practice Note focuses on the issues affecting the current employer in a team move scenario. For a discussion of the various legal and practical issues for employees when moving to a competitor and for a new employer,
NEWS
The European Association of Medical Devices Notified Bodies (Team-NB) has unanimously adopted a comprehensive position paper during its General Assembly meeting. The guidance document establishes standardised interpretation guidelines for notified bodies to identify significant changes that may affect the performance, suitability, or intended use of companion diagnostic devices under the In Vitro Diagnostic Regulation (IVDR).
NEWS
The European Association of Medical devices Notified Bodies (Team-NB) has adopted a position paper and template agreement governing the transfer of a Medical Device Regulation (MDR) formal application and, where applicable, the appropriate surveillance of legacy devices. The agreement, endorsed by NBCG-Med and aligned with Commission guidance, ensures continuity of regulatory compliance under Article 120 of Regulation (EU) 2017/745 when a manufacturer moves from one notified body to another. It specifies that the MDR application and associated written agreement may be transferred without invalidating transitional provisions, provided deadlines and conditions are met. The scope includes conformity assessment activities under MDR and surveillance obligations for devices certified under Directives 90/385/EEC or 93/42/EEC.
NEWS
The European Association of Medical Devices Notified Bodies (Team-NB) has adopted an updated information guide setting out the notified bodies (NBs) certification process for in vitro diagnostic medical devices under Regulation (EU) 2017/746 (IVDR). It describes the pre-application, application and post-application processes through which manufacturers may apply to NBs for certification. The guide covers existing devices transitioning to the IVDR and new devices. It aims to harmonise procedures, reduce incomplete submissions and enable NBs to process applications more efficiently. It sets out the information manufacturers should provide and explains application reviews, conformity assessments and certification decisions. Assessment requirements vary according to device classification and may include audits, technical documentation reviews, testing and consultations with relevant authorities or expert bodies. The guide also covers surveillance after certification, including annual quality management system audits, unannounced audits, safety reporting, notification of substantial changes and batch verification for class D devices.