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Education

Education lawyers providing quality advice to the education sector.

Education

Our specialist education team is here to support schools and colleges, and because our experience shows that each school is different, we never believe in a one size fits all approach.

Our team of qualified education lawyers has substantial experience in providing legal advice for a wide variety of education sector clients, ranging from independent schools and academy trusts to maintained schools and further education colleges. This ensures that we are able to give you the right advice on all matters concerning education law.

Our education law experts understand the importance to education businesses of being able to continue with their privileged role of educating children. The education lawyers at Thomson Snell & Passmore have been praised by clients for providing a meticulous and professional service, which gives school leadership teams the reassurance they need to do just that. The team invest time in getting to know the culture, brand and strategy of each education establishment. Our education legal team works with you to provide tailored, commercial advice.

Our education sector team is headed up by Nick Hobden.

We have extensive experience of delivering solutions across the education sector including:

  • Corporate & Commercial
  • Real Estate
  • Employment
  • Dispute Resolution
  • Construction

Corporate & Commercial

Advising on:

  • A wide range of commercial contracts including (but not limited to) supply agreements, service level agreements, outsourcing agreements and IT contracts
  • Data protection issues including database rights and management, freedom of information requests, privacy policies and data security
  • Corporate governance issues following conversion to academy status, with a particular focus on directors’ duties and the corporate decision-making process
  • Charity law matters including trustees’ duties, conflicts of interest, incorporating charitable companies and creating subsidiary structures and charity administration/governance and constitutional issues.

Real Estate

Advising on:

  • Reviewing and advising on existing property arrangements
  • Granting both long and short term leases or licences to third parties who require space to provide extra-curricular activities or outside clubs
  • Acquiring land to expand the existing grounds or facilities
  • Disposing of redundant land or buildings by way of straightforward sale or by a more complex arrangement to enhance the sale value; and advising on planning arrangements for new build projects.

Employment

Advising on:

  • Special Educational Needs (SEN) tribunal and court claims for discrimination
  • Drafting bespoke contracts, policies and staff handbooks
  • Reviewing and changing terms and conditions
  • Business transfers and outsourcing (TUPE regulations)
  • Redundancy and restructuring procedures
  • Performance and ill-health absence management
  • Managing disciplinary, grievance and appeals procedures and other internal staffing issues
  • Managing dismissals
  • Carrying out negotiations and preparing settlement agreements
  • Defending Employment Tribunal claims, ranging from unfair dismissal and discrimination to whistle blowing claims.

Dispute Resolution

Where education disputes arise, our lawyers have extensive experience in resolving these and ensuring minimal disruption to day-to-day business. We advise education businesses on:

  • Contract disputes with suppliers and trade partners
  • Regulatory compliance and litigation avoidance
  • Intellectual property matters including brand protection, exploitation, and reputational issues
  • Health & safety and criminal investigations, prosecutions, and inquests
  • Parental complaints
  • Defending breach of contract and negligence claims.

Construction

Advising on:

  • The project documentation necessary for any construction works
  • Major capital investment in new buildings or refurbishment works
  • Arrangements necessary to provide ongoing protection in the event of asset transfers, restructuring, or the creation of new academies
  • Bespoke standard terms for routine/minor works focused on the institution’s specific operational requirements
  • Providing project support to facilitate the construction process and resolve issues that arise during the works.

Where disputes arise, we have extensive experience in construction dispute resolution for our education sector clients.

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