‘A Practical Guide to Advising Schools on Employment Law – Second Edition’ by Jonathan Holden & James Barron


Paperback: 978-1-916698-22-2
Published: December 2023
Read a FREE chapter online now

Purchase from ourselves by adding to cart below, or purchase with optional Prime delivery from Amazon, here.


Advising educational establishments on their rights and responsibilities as an Employer is an increasingly complex and specialist area; particularly with the drive towards academisation, multi-academy trusts and the ever-increasing legislative burden of safeguarding and governance.

Based on both authors’ extensive experience in this area, this text provides a practical approach to advising on employment issues for Schools of whatever variety, whether they be maintained, academies or independent. Aimed at all those advising clients in this sector, whilst also being a useful text for those primary advising employees in the sector as well, the text focuses on key issues unique to the sector; including:

  • Who is the Employer?
  • An examination of the different types of educational institutions and the intricacies unique to each.
  • Disciplinary and misconduct issues – including safeguarding issues and the role of the barring authorities.
  • Performance management including sickness absence; performance related pay and the statutory appraisal framework.
  • Holiday Pay in the post Harpur Trust v Brazel world.
  • TUPE in the Education Sector.
  • Trade Union relations and Industrial Action.
  • Pensions – an examination of key areas practitioners should be aware of in dealing with the Local Government Pension Scheme and Teachers’ Pension Scheme, with particular reference to restructuring.


Jonathan Holden is a Partner, National Head of Employment and Head of Education for Forbes Solicitors. He has specialised in Employment Law throughout his career. Jonathan has extensive experience in advising public sector institutions; and is a nationally recognised expert in advising on employment law issues within the education sector.

He is an experienced Tribunal advocate, and regularly appears in Employment Tribunals throughout the country. He is experienced in dealing with pension loss issues, and appeared in one of the leading cases in this area in the Employment Appeals Tribunal. Jonathan is one of few experts nationally on LGPS and Teacher’s Pension issues; and has dealt with a Court of Appeal case that dealt with gross misconduct in the Education sector. He commonly deals with complicated discrimination and whistle-blowing cases. In addition, he is experienced in dealing with both the non-contentious and contentious implications of the Transfer of Undertakings (Protection of Employment) Regulations and advises clients on these issues both internally, and at Tribunal if necessary.

In addition, Jonathan presents seminars to clients on all aspects of Employment Law and provides bespoke in-house training to meet client demand. He also regularly comments on Employment issues to local media and radio as well writing for and on the education sector; and has recently been retained by a national training provider to train lawyers on employment law issues within the education sector.

James Barron is a Senior Associate within the Public Sector Employment Team within Forbes Solicitors.  He has specialised in Employment Law and has advised all manner of different education settings throughout the entire period of his career.

He is an experience Tribunal advocate, regularly appearing in Employment Tribunals for Education settings.  James regularly deals with complex discrimination, whistleblowing and dismissals that involve a serious safeguarding element and has advised schools on multiple dismissals which have resulted in referrals being made to the TRA and individuals being banned from teaching.

James is a regular presenter on Employment issues particularly in the Education sector and is a Trustee within a Single Academy Trust.


Chapter One – Who Is the Employer?
Chapter Two – Terms and Conditions
Chapter Three – Safeguarding & Disqualification by Association
Chapter Four – Misconduct and Discipline
Chapter Five – Performance Management
Chapter Six – Academies & TUPE
Chapter Seven – Trade Union Relations and Industrial Action
Chapter Eight – Useful Sources of Information