On 27 March 2012, the Health and Social Care Bill received Royal Assent and became the Health and Social Care Act 2012. The provisions are being brought into force by commencement orders and the reforms mean that all Foundation Trusts (“FTs”) and Aspirant Trusts will need to revisit their Constitutions and to begin making preparations to revise these to ensure that they are consistent with the Act. We appreciate that you’ve already had to make amendments, but such changes won’t be enough for this year, you will need to do substantially more.
Olwen Dutton, Local Government Partner has been named Partner of the year 2013 by the Birmingham Law Society.
At the award ceremony on Thursday 14 March, the judges indicated that they were impressed with the way that she had developed her career, moving from a prominent local government position, to become a leading private practice lawyer dealing with local authority issues.
Welcome to the February 2013 edition of Employment Eye our monthly newsletter with information on the latest employment law developments and how they should be implemented.
This month’s news round-up is brought to you by Alastair Currie and includes the latest news on: TUPE (whether it is ‘static’ or ‘dynamic’); whistleblowing; changes to unfair dismissal as a result of the recent BNP case on politically motivated dismissals; details of new guidance following the recent Eweida case on religious discrimination; and details of new developments on collective redundancy, family friendly rights and settlement agreements.
In a follow-up to our recent alert on the report of the Mid Staffordshire NHS Foundation Trust Inquiry, Julian Hoskins discusses the practical impact of the report on workforce issues, in a Q&A with Carlton Sadler - the Bevan Brittan Senior Associate who led the team advising one of the core participants in the Inquiry, the Care Quality Commission.
In
Lockwood v Department of Work and Pensions, the Employment Appeal Tribunal has confirmed that an enhanced redundancy payment for older workers did not amount to direct age discrimination, when objectively justified by a strong social policy objective. In this case, the strong social policy objective was the provision of a 'financial cushion' for older workers that reflected the extra difficulties they experienced after losing their jobs. George Pennington explains more.
Things rarely stand still in the housing market and 2013 is no different. Our quarterly publication of Housing Landscape aims to help professionals in housing to understand key issues and to keep up with all changes in the market. Our spring edition of Housing Landscape is now available and ready for download.
ECO represents a significant opportunity for local authorities and registered providers on the one hand and for energy companies and third party contractors and service companies on the other. The big six energy companies are seeking to work directly with those public authorities who have housing stock to see what ECO can be applied to that stock.
There are, however, a number of factors for local authorities and registered providers to consider carefully before taking the first offer made by an obligated energy supplier.
Governance was a central theme of Robert Francis QC’s report on the failings at Stafford Hospital. While Foundation Trust boards and various regulators bore the brunt of the criticisms, the report also has implications for Foundation Trust governors.
At the end of January, HM Treasury and IUK jointly published the "Infrastructure Procurement Routemap - a guide to improving delivery capabilities".
Aimed "primarily at the sponsor and client organisations that develop major projects and programmes, long term capital investment plans and publicly procured mega-projects", it is already being adopted by the likes of Crossrail, Network Rail and London Underground. The Routemap sets out a four-stage process to be followed before commencing the procurement of any major infrastructure project or programme.
All local authorities with housing responsibilities must prepare a report under the Home Energy Conservation Act 1995 by 31 March 2013, setting out “the local energy conservation measures that a local authority – or groups of authorities – consider practical, cost effective, and likely to significantly improve the energy efficiency of residential accommodation in its area”. Time is running out to finalise the reports ahead of publishing them on the relevant local authority’s website and sending a copy to the Secretary of State.
The EU Commission formally approved the UK Government's support of its Green Deal initiative on 5 February 2013 and found that this support is in line with EU rules on state aid and will ultimately assist competition.
Ever since the Government indicated that it was committed to improving energy efficiency and reducing fuel poverty through the Green Deal initiative, sections of the media and other commentators have lined up to highlight aspects of the Green Deal which they do not believe will work or deliver the expected benefits. So who is right? Is Green Deal the real deal? Is it even the right deal?
Heavy snow is forecast around the country over the weekend with up to 30 cm expected on higher ground. While this may bring delight to children whose schools are closed, if you are an employer under a building contract, you may be wary of contractors seeking to blame delay on the current weather and claiming the extra cost of those delays under the terms of the relevant building contract.
The Chancellor’s Autumn Statement 2012 addresses the Government's review of PFI and we welcome the Government’s support for infrastructure projects as a means to reinvigorate our public services and infrastructure while creating jobs and driving economic recovery in the UK. In this article we examine a number of questions which naturally arise from the PF2 proposals.
We are holding a PF2 workshop on 17 January 2013 which will discuss these issues in greater detail.
In this alert, we focus on the related quality governance themes of organisational culture and the structures for quality governance and learning to enable organisations to consider these and possible future developments in advance of the Inquiry’s report.
The Report of the Laidlaw Inquiry dated 6 December 2012 sets out lessons learnt for the DfT from the collapsed InterCity West Coast Competition. In our previous alert Procurement - evaluation processes off the rails, which followed the cancellation of the competition, we set out our view on why procurement processes can go wrong and basic principles on how to get it right. Unsurprisingly (to us) the Laidlaw Report mirrors our own experience of what public bodies need to consider when procuring complex contracts.
Robert Francis QC’s report into the Mid Staffordshire NHS Foundation Trust Public Inquiry ('the Inquiry') is due to be issued to the Secretary of State in January 2013. The features of good governance which will emerge from the Inquiry are likely to provide valuable learning beyond the NHS and across the entire health and social care sector.
Housing associations have been working hard for some time to prepare for the likely impact of the Welfare Benefit reforms, to be introduced from April 2013 onwards, on their businesses and on their customers. In Part 1 of this update, we look at rent arrears possession cases, as these will need to be looked at more closely in view of the potential adverse financial impact on cash flow for housing associations. In Part 2 of this update, which will follow next month, we will look at recovering possession due to under-occupation.
The Local Government Secretary, Eric Pickles, announced yesterday (22 November 2012) that 90 projects from over 85 councils have been selected to share in funding from the over-subscribed £250 million Weekly Collection Support Scheme (Scheme). Are you one of the lucky ones? If so, you will need to consider how best to apply any cash awarded from the Scheme from a procurement, legal and VfM perspective.
As part of the Infrastructure Costs Review programme, the Government has been working with Ofwat and the water industry to understand the impact and causes of the highly cyclical investment profiles in the water sector. HM Treasury published a report on these findings in July 2012.
If you are a public sector body or a supplier to the public sector you are likely to be very familiar with the current EU procurement rules which play a major part in the tendering of public contracts. But are you aware that the EU is in the final stages of negotiations on a new Public Sector Procurement Directive which will radically change the procurement rules which you have probably spent a number of years getting to grips with?
The announcement by the Government last Friday (19 October 2012) of the Green Deal cashback scheme, where both registered providers (as landlords) and tenants can claim cash back on energy saving improvements, once again brings to the fore the range of possibilities presented by the Green Deal and Energy Company Obligation (ECO).
This alert considers the key issues that registered providers should take into account before engaging with the Government’s flagship policy to reduce carbon emissions throughout the country.
The Growth and Infrastructure Bill, issued on 18th October, implements a number of the measures announced by the Government in September as part of its major planning and housing package. The Government says the Bill will help the country compete on the global stage by cutting red tape which, it claims, is delaying new infrastructure and job creation, and discouraging business investment.
This article will look in greater detail at the first three measures that are intended to assist with bringing developments forward and that are giving rise to industry comment.
Birmingham City Council (BCC) will appoint its preferred bidder in early October 2012 to deliver the Green Deal initiative in their area in a ground breaking procurement that could benefit up to 40 other local authorities, registered providers and other public sector stakeholders. As BCC's procurement continues towards contract signature, how ready are you to take advantage of the opportunities presented by Green Deal and the Energy Companies Obligation (ECO)?
This alert considers the key issues that any contracting authority would need to consider.
The UK’s infrastructure requires substantial investment to maintain and improve its present condition. Roads have suffered particularly badly from under-investment since the late 1990’s under successive Conservative and Labour Governments.
The delivery of waste services continues to challenge all local authorities as they strive to save money and yet deliver a quality service with continuous improvements in recycling performance.
This note contains a Top 10 list of “Hot Waste Topics” which your local authority may well be considering at the moment or at some point in the near future.
The second Commencement Order for the Health and Social Care Act 2012 has now been published, bringing a number of key provisions into force on 1 October 2012. Foundation Trusts and Aspirant Trusts will need to amend their constitutional and governance arrangements to reflect the changes summarised in this article.
Reports published this week suggest that G4S, the private security firm tasked with keeping the London 2012 Olympics safe and secure, may be unable to supply all the guards it was contracted to deliver for the games. Just 15 days before the opening ceremony, Theresa May has asked the British armed forces to provide a further 3,500 troops to fill the feared shortfall.
The Green Deal took a significant step forward from theory to reality yesterday when Climate Change Minister Greg Barker signed a Memorandum of Understanding (MOU) with 22 provider organisations.
On 18 January 2012 the consultation phase for the Governments flagship energy efficiency programme “Green Deal” closed, with secondary legislation expected to follow later in the year. Described as the biggest upgrade of UK housing since World War 2, the programme will offer energy efficiency improvements to homeowners with the aim of significantly reducing energy consumption and subsequent CO2 emissions. At the heart of the proposal is the “Green Deal plan” which means the cost of any improvements must be met through reduced energy bills with no upfront charge to consumers.
The Communities Secretary has announced a new £250m fund to help councils retain or return to weekly refuse collections. The funding could also be used for innovations in services, such as reward schemes. This Alert will help local authorities to start planning now in preparation for any bid to help run this key council service in their local community.
The Department of Health issued guidance (published on 4 August 2011) on the ownership of the PCT estate, largely to address the consequences of the TCS transfers but not specifically limited to that. The purpose of this article is to bring to your attention some important operational issues that you should be considering as part of implementing that guidance.
This article considers the case of Alstom Transport v Eurostar International Ltd & Siemens plc [2011] EWHC 1828 (Ch) that was decided on 13 July 2011, in which the court for the first time considered the availability of the new ‘ineffectiveness’ remedy under Regulation 45J of the Utilities Contracts Regulations 2006.
Financial pressures are causing authorities across the country to review the way they procure and deliver repairs and maintenance works to their housing stock. This article focuses on the consultation regime that will apply when an authority intends to enter into a Qualifying Long Term Agreement for discharging its repair and maintenance obligations.
There is mounting pressure on local authorities to reduce public expenditure over the next few years forcing radical re-consideration in the delivery of public services. As a public service at the heart of most communities, the issue of cost cutting and possible closures to libraries is an emotive one and as we are seeing played out in the press, causing public outcry.
We have put together a document on guiding you through the review through our knowledge of working on the Ed Vaizey's Future Library initiative as well as some practical tips on how to mitigate risk and deal with a legal challenge. To receive a copy, please click here.
The much-heralded White Paper on local growth has at last arrived. As most of its proposals have been drip-fed into the media over the past few months, it holds few surprises but it does provide some information on how the plans are to be put in place. Many questions, though, remain unanswered.
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
The High Court decision in Shell Egypt West Manzala GMBH and anor v Dana Gas Egypt Ltd (formerly Centurion Petroleum Corporation) is a reminder that parties to a contract should be careful when deciding the grounds on which to terminate a contract and when drafting termination notices.
The Bribery Act ("the Act") has received Royal Assent, and is likely to come into force in October this year. The Act consolidates previous bribery laws, and creates a new criminal offence which will be of concern to many: "Failure of commercial organisations to prevent bribery".
We have written a short article on the new offence, the defence of having "adequate procedures" in place, and guidance on adequate procedures.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been published in the past three months.
In this month's digest we highlight the following developments of interest:
- Contract formation: Letters of intent, "subject to contract" and waiver by conduct
- Drafting "pay when paid" clauses which are effective upon upstream insolvency
- Drafting exclusion clauses to exclude liability for statutory interest
- Settling construction disputes - some points to consider
- The Equality Bill: Impact on the construction sector
- HSE crackdown on dangerous construction sites
- New HSE Guidance: "Provision of welfare facilities during construction work"
The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS"). This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.
In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.
The Court of Appeal has handed down a judgment, agreeing with a decision in the Technology and Construction Court, which serves as a reminder that, to be effective, exclusion clauses need to be carefully and very clearly drafted, and that contracts should be reviewed following changes in legislation.
There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.
This article highlights the proposed change in the law in respect of “reasonable adjustments”, and draws attention to proposals in relation to procurement by public authorities.
In this month's digest we highlight recent developments of interest, including commercial issues (in particular an article on the relevance of the "BSKYB" judgment for the construction and engineering sector) and some recent case law.
In this fifth article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider the significant efficiency savings to be made through contract review. Whilst some efficiency savings take time to deliver and can require major restructuring of services or new procurements, others can produce much quicker results.
Lord Justice Jackson has now published his much anticipated final report on civil litigation costs.
In an attempt to improve access to justice and control costs, the report proposes changes in a number of key areas. We set out details of the proposals which will particularly impact on disputes involving parties within the public sector.
Public authorities are continually reviewing the way in which they deliver services and the scale and scope of such services. Seeking continually to improve the quality and effectiveness of services is an ongoing and expected function of all bodies delivering services and support to the public. But the current intense financial pressures are driving authorities to look much more fundamentally at the way in which they configure and deliver their services.
There are a number of important legal issues that need to be borne in mind when such reviews are undertaken and this Alert seeks to highlight these and offer some signposts for assistance.
The long awaited regulations implementing the new EC Remedies Directive have now been published – the Public Contracts (Amendment) Regulations 2009 SI 2009 No. 2992. Here are our top 10 questions and answers on the impact of these new procurement rules.
Peter Keith-Lucas considers the implications for local authorities of the Administrative Court's decision in Veolia ES Nottinghamshire Ltd v Nottinghamshire CC that local electors and other interested parties are entitled to inspect and make copies of contract documents that are related to the council’s accounts to be audited, and that that right overrides any express confidentiality obligations in the contract.
This update is relevant to anyone interested in recent developments in the dispute resolution field.
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.
This update provides brief details of recent case law, legislation and other practice and procedural developments relevant to those within the commercial dispute resolution field.
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.
This update provides brief details of recent case law, legislation and other practice and procedural developments relevant to those within the commercial dispute resolution field.
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.
The Northern Ireland High Court has set aside a contract award for Part B services and granted an injunction to restrain its implementation, even though such contracts are exempt from the standstill period obligation. The judge held that a standstill period is required for some Part B services contracts in exceptional circumstances under the general principles of EC law.
Welcome to the Bevan Brittan Commercial Dispute Resolution Update for April 2009
Emily Heard and Laura Brealey set out how public procurement challenges can be made and offer practical guidance on how to go about them.
With kind permission from The Commercial Litigation Journal to reproduce.
Welcome to the Bevan Brittan Commercial Dispute Resolution Update for April 2009
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.
Welcome to the Bevan Brittan Commercial Dispute Resolution Update for April 2009
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.
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.
Legal intelligence for professionals in housing
This Update the last of the year 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.
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.
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.
Legal intelligence for professionals in housing
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.