This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Julian Hoskins reports on how the NHS White Paper, published this month, impacts on workforce matters and highlights the legal requirements that are likely to be engaged as the proposals are implemented.
Alec Bennett reviews the Court of Appeals conclusion regarding collective agreement transfers under TUPE.
With the gloomy economic outlook and fears of a ‘double dip’ recession, redundancy is a topic which is currently taking centre stage, and there have also been several recent case law developments in this area. As a result, the employment team has been particularly busy dealing with redundancy issues, so
Sarah Michael sets out the answers to some redundancy queries which might arise as a result of the recent Tribunal decisions.
The Government’s recent announcement relating to the Building Schools for the Future capital programme will impact on current schemes and may be just one of similar statements yet to come reviewing funding for capital projects. In addition, authorities will themselves, in the light of the immense financial pressures they are facing, be actively reviewing commitments in the pipeline.
In this article, we discuss the impact of requirements or decisions to suspend, rescope or terminate any such projects and actions authorities should consider taking.
This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in local government work, which have been published in the two weeks up to 16 July 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
In this month's digest we highlight the following developments of interest:
- Contract management: National Audit Office Report on the performance of hospital PFI projects
- Professional negligence: Overvaluation not negligent despite errors
- Construction Projects: Recovering costs and losses from professional advisers
- Time limit for making claim for loss and expense held to be a condition precedent.
- Entire agreement clause did not prevent rectification
- Why you should question offers which seem too good to be true
- Withdrawal of Part 36 offer
- 74 hours delay in delivering Decision made adjudicator's Decision unenforceable
- The importance of complying with contractual notice provisions
Do you employ construction contractors? Are you facing claims for more money from construction contractors on your building projects? Are your professional advisers responsible for your losses?
The National Audit Office has published a report on the performance of the maintenance and support services under PFI contracts and how they are managed by NHS Trusts.
Whilst the report is on hospital PFI contracts, it contains some findings and recommendations which will be of relevance to PFI contracts in most sectors. In this article we summarise the report and comment on issues which arise.
Ed Duckworth looks at two recent cases of shoulder dystocia and the possible causes of the majority of obstetric brachial plexus injuries.