Placement employers behaving badly (allegedly)

1. Placement employers behaving badly (allegedly) Legal dimensions to placement problems Alison Shillito Governance Services Manager

2. 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?

3. Higher education landscape GOING UP • student satisfaction overall (NSS) 86% on average • student fees and living costs • student expectations • student complaints • expectation of transparency

4. Legal relationships

5. 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.

6. Employer to student duties

7. Employer duties 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 • 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

8. The extent of the duty? • responsible for the things: • that are within your control • you have said you will do

9. Trouble ahead?

10. Trouble ahead ...

11. Investigating concerns • Is placement providing safe and reasonable learning experience? • can we address deficiencies? • can we reduce/ mitigate detriment?

12. 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.

13. 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

14. 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

15. Further help and guidance