Education, Education, Education…

Average annual fees for independent schools rose 83% between 1992 and 2008. The provision of reduced school fees for staff is seen as a very effective aid to their recruitment and retention. However it does raise a number of complex legal issues.

There is a potential risk of claims of discrimination most notably on grounds of age and sexual orientation. More mature employees could contend that their age meant they were disadvantaged when compared with other younger employees. Similarly a homosexual employee may find it relatively easy to argue that he/ she is less likely than a heterosexual colleague to have children and therefore is proportionately disadvantaged.

It would be a successful defence against such claims to establish that the reduced fees scheme is a proportionate means of recruiting and retaining staff.