Placement employers behaving badly (allegedly)

Legal dimensions to placement problems

Alison Shillito

Governance Services Manager

Why "employers behaving badly"?

• "Problem students not problem placements"– but what if student isn't being

treated fairly?– how do you know?

• Process for less clear for problem placements?

Higher education landscape

GOING UP• student satisfaction overall

(NSS) 86% on average• student fees and living costs• student expectations • student complaints • expectation of transparency

Legal relationships

University

StudentEmployer

University duty of care?• University duties:

– contract with students - to provide education and services to a reasonable standard

– in statute - Equality Act 2010; s.3 Health and Safety at Work Act, student data and confidentiality

– in negligence - where our actions or inaction could reasonably be expected to harm the students or the employer.

Employer to student duties

University

StudentEmployer

Employer duties• Equality Act 2010 - fair

recruitment and opportunities protection from harassment, make adjustments for disabled students

• Health and Safety at Work Act 1974 safe working environment for workers or interns

• employment contract – pay and conditions and/or

• placement agreement – to provide the work and learning experience agreed with student and University

Student duties• behave in accordance with

Equality Act, Data Protection Act• to take care of their own safety

and that of others in the workplace

• in contract (whether written or otherwise) to abide by the employer's policies including respecting others, health and safety, confidentiality

• University Student Code of Behaviour

The extent of the duty?

• responsible for the things:– that are within your control– you have said you will do

Trouble ahead?

Trouble ahead ...

UniversityEmployer complaints

Student complaints

Discriminatory statements

Sickness absence

Summary dismissal

Investigating concernsstudent account

employer account

legal compliance

fair process followed

evidence of feedback to student

supervisor's account

University

past experience

University visits

who saw it

what happened, when

• Is placement providing safe and reasonable learning experience?

• can we address deficiencies?

• can we reduce/ mitigate detriment?

Remember ...– follow relevant procedures– get full account of student's perceptions– maintain confidentiality - within limits– pastoral support for student– follow-up concerns with employer– use/advise student on using employer

procedures– mitigate disadvantage to student– document employer response– mediate/address breaches for this student– consider implications for placement of

future students.

Public Interest Disclosure• Whistle blowing

– Clear procedure for relevant courses

– Prepare students before placement

– Review poor feedback or performance in placement audits/reviews

– Support students how to do whistle blow appropriately

In conclusion ...• Employers are not obliged to take

placement students but when they do they accept legal duties

• The University continues to have duties to students (even if they are misbehaving or failing placement)

• Silver lining - there is support and help for staff dealing with problems

Further help and guidance

• Awards Assessment and Regulations• Denise Elliott x 4080

Student Complaints and Appeals

• Governance and Planning Services• Rebecca Pugh, Solicitor, x 3854• Alison Shillito, Governance Services Manager, x 3849

Legal advice

• Professional Issues Teams in HWB and D&SProfessional Suitability