Constance is an Associate in the Schools HR team, specialising in advising on all manner of HR and employment law in the education sector, including schools and multi-academy trusts (MATs).

Constance’s general advisory work includes advising on day-to-day issues such as disciplinaries, grievances, sickness absence, contracts of employment, redundancies and restructures, as well as Equality Act 2010 claims on all protected grounds, and Employment Rights Act 1996 claims such as whistleblowing, unlawful deductions from wages and unfair and constructive dismissal. Constance also advises on drafting contracts of employment, the application of TUPE and the regulatory framework including regularly being instructed to prepare letters of assurance to the DfE, and has experience of drafting policies and procedures.

Constance’s contentious work includes representing school clients in defending employment tribunal claims including complex claims of unlawful discrimination and whistleblowing, and multi-day trials.

Constance is a skilled negotiator and recognises the benefits of an early resolution to workplace disputes. She can spot the key issues when negotiating COT3 and settlement agreements and uses creative and commercial solutions to resolve matters.

Constance has a keen interest in matters involving PR and reputational risks for schools and MATs.

Constance values investing in the client relationship and understanding the driving factors behind decisions. Constance strives to deliver pragmatic and commercial advice in order to achieve the best outcome for clients and she makes herself available to respond to client demands. Constance delivers ad-hoc legal advice over the telephone as part of the dedicated Schools HR helpdesk.

Constance has a keen interest in young people and the future of education. Constance has a track record of mentoring aspiring solicitors to secure training contracts and takes initiative in developing young talent through work experience and involving young people in the political process. She also sits on the Alumni Council of her old school.

Constance regularly delivers training to our clients and most recently co-delivered webinars on restructuring and redundancy processes and managing sickness absence. Constance has demonstrated a talent for finding new opportunities through business development and being proactive in improving internal practices and know-how.

Prior to qualification, Constance completed her training contract at Winckworth Sherwood completing seats in a range of departments, from Employment to Parliamentary. Constance achieved a first-class degree in Politics & Parliamentary studies at the University of Leeds. A real highlight during this time was her placement year spent working for a Congressman in Washington D.C. during the 2016 general election, and for an MP in Westminster during the 2017 general election. Constance is a qualified yoga instructor and delivers weekly classes at her local studio.

Recent Experience

Constance’s recent experience includes:

Non-Contentious

• Advising on a range of restructure and redundancy processes from inception to implementation, including (i) a contentious whole school restructure and redundancy exercise which involved advising on strategy to de-escalate a union dispute, related Equality Act 2010 implications, and the communications strategy with stakeholders following a social media campaign about the restructure, and (ii) a Trust-wide restructure and redundancy exercise involving the provision of teaching assistants.
• Drafting a new suite of HR policies for a newly formed MAT, and advising clients on existing HR policies and drafting letters of assurance to the sector’s regulator, the Department for Education, in relation to the same.
• Advising on contracts of employment, including CEO and consultant contracts, withdrawals of offers of employment, and references.
• Advising on Burgundy Book, Green Book and STPCD implications in relation to a variety of matters including notice pay and sick pay entitlements.
• Advising on the employment provisions within commercial contracts, including the outsourcing of services for Trust-wide catering and cleaning contracts.
• Advising on all matters relating to managing sickness absence, including creating a client absence management toolkit, advising clients before absence review meetings, providing specialist training for HR professionals on ensuring their policy is applied consistently.
• Advising on tricky grievance and disciplinary investigations.
• Advising on changes to holiday pay for TTO workers following the Harpur Trust litigation and updated government guidance.
• Advising on agency worker rights, the implications of The Agency Workers Regulations 2010, and on fixed-term worker rights and the implications of Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
• Advising on TUPE related issues, including a school closure within a Trust, and the insourcing of teaching assistants from a local authority.
• Advising on safeguarding obligations, and DBS checks and safer recruitment.
• Advising on LGPS and TPS including in relation to ill health retirement and redundancy.

Contentious

• Defending all manner of employment tribunal claims, including claims for unfair dismissal, religion and belief, marriage, disability, sex and race discrimination, victimisation, sexual harassment, whistleblowing detriment, failure to make reasonable adjustments, unlawful deduction of wages, breach of contract.
• Negotiating and drafting contentious COT3 and settlement agreements, including advising on signing up a third party to an agreement to ensure compliance with confidentiality and regulatory provisions.
• Settling potential employment tribunal claims during the Acas early conciliation period including for race discrimination and constructive unfair dismissal.
• Assisting in a complex employment tribunal claim spanning several years and involving a school plus five individually named governors as respondents, eventually resulting in the claim against all governors being dismissed and in excess of 100 separate allegations of discrimination thrown out by the tribunal.
• Acting for a school in the defence of employment tribunal claims brought by several employees following a breakdown in relationships between several colleagues within a department.