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 17 May 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
It must be disconcerting for anyone working in the NHS to read of the nation’s adoration of the service, and then see how NHS-bating has become a national sport. Hidden away from the limelight of the Response to the Francis report is a small example of the relentless scrutiny faced by healthcare practitioners in the form of the Court of Appeal judgment in R (Sreedharan) v Coroner for Greater Manchester [2013] EWCA Civ 181. There are a number of important lessons in this case, not least that the scope and intensity of an inquest involving healthcare issues can still be an intimidating arena for Trusts and their staff.
Monitor has issued its latest guidance “Quality Governance:
How does a board know that its organisation is working effectively to improve patient care?”
The Guidance is addressed to boards of NHS provider organisations.
However, it has application across a range of functions, including senior management, internal and clinical audit, and clinical and nursing services.
The Government has published its response to the consultation on reforming the judicial review process that was issued in December 2012. Despite admitting that most respondents opposed the proposals and criticised the consultation process, the Government is pressing ahead with reforms that it considers are necessary to target large numbers of “weak, frivolous and unmeritorious cases”.
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 3 May 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
Many of the initial commissioning contracts put in place for the transfer of PCT provider arms to new providers under the Transforming Community Services initiative will come to an end in less than a year on 31 March 2014. CCGs will need to rapidly address replacement arrangements including how this may advance the transformation of community services and deliver improvements in quality and cost effectiveness. This is particularly the case where procurement will be needed to select the new provider(s).
In this article we address some of the key issues that commissioners will need to consider in putting in place the new arrangements.
This Update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in waste management, which have been published in April 2013.
In this update, we look at some of the legal issues that have started arising since the reforms under the Welfare Reform Act 2012 have started to be implemented, focusing on the introduction of the Bedroom Tax.
Anne Palmer looks at a recent case concerning whether a prospective employer knew about the disability of a job applicant - and also provides some practical tips on the tricky question of handling recruitment and disability issues.
Jaspal Basra reports on April’s employment law developments which impact on HR: new collective redundancy arrangements; the latest on vetting and barring employees following the recent Human Rights challenge to the UK’s arrangements; doctors and social media; TCS and pay protection arrangements; new consultations on whistleblowing and simplification of auto-enrolment; quarterly employment tribunal statistics are in and we set out the new minimum wage rates, effective from October. Finally, we provide an update on where we are with the ‘ping pong’ of the ‘employee-shareholder’ scheme, which has been flying back and forth between the House of Lords and the House of Commons and has finally become law.
Two recent cases from the Employment Appeal Tribunal have upheld the fairness of dismissals where redundancy could, arguably, have simply been the pretext for the dismissal of poorly performing employees. In one case the employer recruited an employee knowing that they would be surplus to requirements and then dismissed the remaining employee; in the second case there was evidence that the employer had concerns about the employee’s capability prior to selection for redundancy. Does this show, where there is a redundancy situation, a trend towards tribunals not looking too closely at other possible reasons for dismissal? Sarah Lamont reports.
Following a recent settlement with Brighton and Hove City Council the Copyright Licensing Authority (CLA) has warned that up to a third of local authorities could be facing costly compliance action. Brighton and Hove had failed to renew their copyright licence believing that their ‘no copying’ policy would make them exempt. However the CLA produced evidence that showed this policy was not working and proved infringement had taken place. The case highlights the need for authorities to be especially cautious because the breach was detected in only a small section of the council.
The National Health Service (Performers Lists) Regulations 2004 were revoked with effect from 1 April 2013. The applicable regulations for England from that date are set out in the National Health Service (Performers Lists) (England) Regulations 2013.
In line with the regulatory changes, NHS England has published guidance in relation to its new policy and procedures relating to the identification, management and support of underperforming performers. This document summarises some of the key elements of that guidance.
This update contains brief details of recent key policy, legislation and case law developments relevant to those involved in procurement work, that have been published in the past three months.
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 19 April 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
The Communities Secretary has issued a consultation that proposes giving him a very broad power to direct local authorities to comply with the Code of Recommended Practice on Local Authority Publicity. This Alert highlights significant issues which should be raised in response to the consultation.
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 article looks at a recent High Court decision that considered an authority’s robust response to public criticism and accusations of corruption, and the circumstances in which a local authority employee can sue and succeed in a defamation claim. The case is a useful reminder that officers of a local authority can sue for libel in connection with statements made about them which relate to the exercise or discharge of their duties as an employee of the authority.
In the 2013 Budget the Chancellor accepted the majority of Lord Heseltine’s recommendations in his review of economic growth “No Stone Unturned” and announced measures that will devolve significant funding to LEPs to enable them to encourage growth in the regions of England. In the “Government’s response to the Heseltine review” the Government has ambitious plans for LEPs over the next two years which will also have a significant effect on the Local Authorities that work with the LEPs.
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 5 April 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
Sarah Michael provides an update on two recent employment law developments affecting the heath sector: the Government has published its ‘key early priorities’ in response to the Mid Staffordshire Inquiry, and NHS Employers has published its amendments to Agenda for Change terms and conditions of employment, incorporating the changes agreed by the NHS Staff Council.
This Update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in March 2013.
Given the amount of legislative change proposed this year and the alterations to the proposed timetable, you might be forgiven for losing track a little. Just in time for Easter, the Government has freshly hatched a batch of new developments on the employment law front: in addition to the annual legislative changes due to come into force in April, this month also saw BIS publish a revised timetable of changes to employment law – and confirm that the new requirement for claimants to pay fees for employment tribunal claims will be in place this Summer. Julian Hoskins provides an update on the new BIS timetable, and other recently announced dates for implementation of employment law reform. It’s going to be a busy year but this will help you stay on track…
This month’s news round-up is brought to you by Sarah Michael and covers: NHS ‘gagging’ clauses; dealing with difficult employees; caste discrimination; fit note guidance; parental leave extension; the new tax-free childcare scheme and consultation on pension protection following a TUPE transfer: and a new case on obesity and disability discrimination.
The Government has issued its initial response to the Francis Report of the Mid-Staffordshire NHS Foundation Trust Public Inquiry. It sets out a five point plan intended to herald an end to failure and a call for excellence. This article gives a summary of what the plan will cover.
It has been settled law for some time that employers may be liable for post-employment victimisation claims. However, as Laurie Child explains, earlier this month, the EAT decided that there is in fact no provision for post-employment victimisation under the Equality Act 2010, thereby leaving a gap in post-employment protection of employees - and leaving the Government open to accusations of having failed to implement EU law correctly.
The Campaign for Real Recycling (CRR) have announced that they do not intend to appeal the decision of Hickinbottom J, handed down on 6 March 2013 (Please read our previous article).
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.
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 22 March 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
Since the publication of the Robert Francis report into the Mid Staffordshire Hospital in February, there has been a lot of discussion about the need for a culture of openness, transparency and candour in healthcare services.
Some of you may remember Total Place, a project that originated in local government but caught the imagination of many in public services. It added up the total cost of supporting the most vulnerable groups in any one area and the outcomes were in many cases quite staggering. Quite simply we give poor value to taxpayers by spending their money on the "stock" - the effect of chaotic lives, troubled families, poor health, inadequate housing - and should spend it on the "flow", intervening early in the causes, be it high reoffending rates, excessive numbers of children in care, or the elderly in and out of hospitals with long term conditions much of which could have been prevented or better managed in a community/domiciliary setting.
This article looks at how you, as health commissioners, can implement some of those changes. It is not theoretical – it is happening already in a range of public services, just much slower in health for fairly obvious reasons arising from the structural changes.
It is said that no news is good news. So interest in the Winterbourne case or the Heslop report is encouraging only because it identifies bad practice. Likewise, if litigation is a measure of the success of a particular state of affairs, the courts’ involvement in care packages for vulnerable patients is a sign that not all is well.
For CCGs, the prospect of taking on the mantle of litigation arising from care arrangement disputes may present a significant challenge. Some of the key issues are set out in this article.
Of the 290 recommendations in the Francis Report into the Mid-Staffs inquiry, many would have an impact on the role of PCTs. With their abolition now looming, this begs the question of what CCGs should do in response to the Inquiry Report as they take on the commissioning mantle.
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.
Much has been said about the need for openness, transparency and candour in healthcare services, since the publication of the Robert Francis report into the Mid Staffordshire Hospital last month. One of the specific issues in this regard, raised by the report, was that individuals were apparently prevented from raising concerns about patient safety because of so-called ‘gagging clauses’ in agreements with the hospital.
Jeremy Hunt has announced today that so-called ‘gagging clauses’ in NHS settlement agreements, which seek to prevent public interest disclosures regarding patient safety and patient care, will be ‘banned’ with immediate effect.
From 1 April 2013, Clinical Commissioning Groups and the NHS Commissioning Board must comply with new NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013 that cover not only the award of new contracts but also the setting up of qualified provider lists and frameworks.
These new regulations have quickly followed the initial regulations after widespread concerns on their potential implications as originally drafted. This article sets out what the new regulations say and what they will mean for commissioners, and highlights some of the areas which still lack clarity and where further guidance may be needed.
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 8 March 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
In a much anticipated ruling for the waste sector, the High Court on Wednesday (6 March 2013) ruled in favour of Defra and the Welsh Government in the judicial review mounted by the Campaign for Real Recycling (CRR). The ruling has been well received by local authorities and many waste management companies, however many recyclers and reprocessors are disappointed with the news.
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 Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in February 2013.
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.
DCLG has written to a limited number of stakeholders seeking their views on draft Amendment Regulations that remove the requirement for a Designated Independent Person (DIP) to investigate allegations of misconduct by senior local government officers in England. The consultation period is short - DCLG has asked for responses by 14 March 2013.
This Alert highlights our principal areas of concern regarding the proposals.
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.
This article covers key tips on how to prepare a statement in order to best assist the Coroner in the context of an Inquest.
Decisions not to attempt resuscitation can generate a great deal of controversy. This article focuses on the competing tensions, guidelines and points of consideration in this complex and challenging area.
This article examines the legislative framework as well as setting out the questions and issues NHS organisations should ask themselves in order to comply with the Equality Act legislation.
The challenge for all is to create real and lasting differences in the health and social care spectrum. This article examines some common themes about achieving change
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 22 February 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
It would be easy for local authorities to dismiss the findings and recommendations of the Mid Staffordshire report as an NHS problem. But the failure to resolve allegations of abuse in local authority children’s homes for more than 30 years, the recent Banstead care death and Robert Francis QC’s direct criticisms of local authority scrutiny of health services demonstrate that this is also very much a local authority problem.
This article looks at the key messages for local authorities.
As 1 April 2013 approaches and CCGs receive their authorisation, it is important for all CCGs to focus on what they need to do now to ensure they are able to be effective from inception. There is already a wealth of advice available from various sources, including the NHS Commissioning Board and the BMA. This article outlines some of the key areas of legal significance.
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.
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 8 February 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
The lessons learned and recommendations set out in the Francis report are clearly intended to have an impact outside Stafford Hospital. Among many problems highlighted the report identifies:
- A lack of openness to criticism
- A lack of consideration for patients
- Defensiveness
In his introduction to the report Robert Francis QC makes the point that the failure at Mid Staffordshire was “primarily caused by a serious failure on the part of a provider Trust Board. It did not listen sufficiently to its patients and staff or ensure the correction of deficiencies brought to the Trust’s attention. Above all, it failed to tackle an insidious negative culture involving a tolerance of poor standards and a disengagement from managerial and leadership responsibilities.”
The buck stops with the Board, and some of the wide-ranging recommendations set out in the report will have a direct impact on Board composition, conduct and performance.
The Francis report makes challenging reading for commissioners. It is clear that although the successive reforms to the NHS may have amounted to mitigating circumstances, the commissioners, and indeed other interested parties, failed to take adequate steps to prevent the problems at Mid Staffordshire, or to uncover and prevent them from continuing. The report recognises that the system is on the cusp of change but “the experience of Stafford shows an urgent need to rebalance and refocus commissioning into an exercise designed to procure desired standards of service for patients as well as to identify the nature of the service to be provided”.
As Mr Francis QC points out in the report, much has been said about whistleblowing during the Inquiry, and much has been written about it since the Inquiry concluded. It is clear from the report that, while Mid Staffordshire had in place a whistleblowing policy and procedure, it faced serious difficulties in the implementation of that policy.
Robert Francis QC's report today heralds the conclusion of possibly the largest ever public inquiry into the regulation of healthcare in this country. The report is extensive, running to 1782 pages and making 290 recommendations.The findings and recommendations in the report are of fundamental significance not only for the NHS but also beyond.
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.
In March 2002, Dacorum Borough Council granted a joint introductory tenancy to Mr and Mrs Sims which, in March 2003, became a secure tenancy. After alleged domestic violence Mrs Sims left the property with her children. In June 2010 Mrs Sims served a notice to quit on the Council.
With the final report on the Mid Staffordshire Trust due out on 6 February, it is increasingly important for commissioners to understand the implications generally of this type of issue for them and how their role can assist in early detection and dealing with problems which can arise.
This update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in January 2013.
Welcome to the January 2013 edition of Employment Eye our monthly newsletter with information on the latest employment law developments and how they should be implemented.
Diets, detox and developments in employment law have been on the agenda for many this January. It seems unlikely that the government’s ‘one-in two-out’ approach to legislation (effective from this month) will allow any let up this year especially, given the volume of reforms already on the agenda. So, in 2013, the pace of change will be fast, but Julian Hoskins’ tracker of the key changes chalked up for this year will help keep you up to speed.
The European Court of Human Rights has handed down its long awaited decision in four joined cases on religious discrimination in the workplace. The Court reached two opposite conclusions on similar facts relating to the right to wear religious symbols at work; and has also looked at balancing competing rights to religious freedom and equality of sexual orientation. Sarah Michael explains more.
One problem we never have at BB Towers is finding content for our monthly update, and this month is no exception. The Government has been busy publishing details of a major reforms to the TUPE Regulations; the Public Sector Equality Duty is set to change and new guidance is published; the latest employment tribunal statistics are out; and the Court of Appeal has handed down an important decision on discrimination compensation. We also have details of our series of client seminars on ‘lessons learned’ from the Mid Staffordshire Public Inquiry by Robert Francis QC, which is due to report on 6 February 2013.
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?
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 25 January 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
On 24 January 2014 the Government announced a package of measures that include the much talked about changes to the permitted development regime to allow the conversion of offices to residential. The changes are due to come into force in Spring 2013. This article sets out details of the changes, the possible exemptions, and the actions that may need to be taken by local authorities and landowners/funders who may benefit from these changes.
On 23 January 2013 the NHS announced the establishment of a new £50m capital fund in the 2013-14 financial year for the improvement of energy efficiency across the NHS in order to contribute towards the NHS Carbon Reduction Strategy for England (CRS). In this alert we set out some details of the proposals together with a summary of our experience of other related energy efficiency and energy generation issues.
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.
This update contains brief details of recent key policy, legislation and case law developments relevant to those involved in procurement work, that have been published in the past three months.
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 four weeks up to 11 January 2013. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
Whistleblowing was a key theme that emerged during evidence presented to the Inquiry; and the circumstances and environment in which staff can effectively raise concerns without fear of reprisals or criticism (whether real or imagined) is of central importance not only throughout the NHS, but for all healthcare providers.
This update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in December 2012.
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.
Welcome to our December 2012 edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:
- The law of unintended consequences: TUPE service provision changes
- If I've told you once, I've told you twice....a misconduct update
- Employment news round-up, December 2012
This month, the plums in our Christmas employment news pudding are: ‘law in a cold climate’ (dealing with severe weather related absence); next year’s statutory payment rates and limits; DH guidance on staff transfers; and an update on the review of the Public Sector Equality Duties. And Stop Press - Government announces reduced collective redundancy consultation period. Sarah Maddock reports.
John Moore reports on two recent decisions which provide useful, practical points on dealing with misconduct dismissals.
Robert Francis QC’s report into the Mid Staffordshire Inquiry is due to be issued to the Secretary of State in January 2013.
Whilst the Inquiry’s detailed findings and recommendations are awaited, an examination of the evidence identifies a range of themes to which the sector should have regard in anticipation of the final report and beyond. In this alert, we focus on the theme of the effectiveness of provider boards.
What happens if an outsourced contract expires and is brought back in-house to be run as a skeleton service, pending a new contractor being appointed to take over the outsourced contract? Would this amount to a ‘service provision change’ under TUPE, despite the fact that the client had never intended to run the service itself? Sarah Lamont considers this question in the light of a recent decision from the Employment Appeal Tribunal.
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 14 December 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
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.
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.
This update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in November 2012.
The Court of Appeal has recently handed down a significant judgment in the case of Charles Terence Estates Ltd (CTE) v Cornwall Council [2012] EWCA Civ 1439, which shows a further tightening of the scope for public authorities to seek to rely on their own failings in trying to avoid liabilities that they might otherwise be taken to have agreed.
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 30 November 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Welcome to our November edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:
- Political opinion as reason to dismiss
- A mineshaft and a legal minefield: the TUPE ‘one-off event’ exemption
- Employment news round-up, November 2012
In relation to an employee who was dismissed because he was elected a local councilor for the BNP, the European Court of Human Rights has decided that the UK Government has broken the European Convention on Human Rights, because there of the lack of protection under UK law for employees dismissed on the grounds of their political beliefs or affiliation. This case is important for both private and public sector employers; but has a more immediate impact on public sector employers, because of the potential for public sector employees to bring claims under the Human Rights Act. Anne Palmer reports.
The Employment Appeal Tribunal has, this month, provided the first precedent setting analysis of the exemption from TUPE for ‘single specific events or tasks of short term duration’. In this case, reported by Alec Bennett, the EAT looked at whether a one-year contract between a coach operator and a school, to transport school children, came within the exemption.
Jodie Sinclair and Laurie Child provide this month’s employment news round-up, including: details of the Government’s new ‘flexible parental leave’ proposals; the latest on the future of the ‘Fair Deal’ pension policy; proposed changes to Agenda for Change contracts; streamlining of dismissal procedures for senior Local Authority executives; and a summary of the new requirements for independent contractors to the NHS.
The Local Government Lawyer, together with leading law firm Bevan Brittan, recently conducted a survey looking at current practice and attitudes to procurement in local government. More than 100 procurement lawyers and other professionals took part in the survey and the results make for fascinating reading. The supplement covers these and other findings from the survey and includes articles from Bevan Brittan looking in depth at a number of the key issues raised.
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.
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 November 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
There is much anticipation and expectation for Robert Francis QC’s report into the Mid Staffordshire Inquiry. The latest announcement of delay in the issuing of the report (which is now due in early January) means that it will not live up to its previous billing by the Health Service Journal as “the most important NHS event of 2012”, but it could well make it the headline act of 2013.
On 19 October 2012 HHJ Vosper QC handed down judgment in the case of R (on the application of RB) v (1) Devon County Council and (2) Devon Primary Care Trust. The case highlights the difficulty public bodies face in avoiding legal challenge, but shows that the courts will adopt a pragmatic approach where it is in the interests of good public administration to do so.
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?
This update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in October 2012.
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.
Many will now hopefully have seen the NHS Litigation Authority 10 Years of Maternity Claims Report released on 26th October 2012 and had an opportunity to reflect on the considerable press coverage which followed. Described by David Richmond, RCOG Vice President (Clinical Quality) as "a serious wake-up call to all with responsibilities in providing maternity care" the report analyses maternity claims reported to the NHS LA as at 1 April 2010 (from incidents which occurred between 1 April 2000 and 31 March 2010) and is essential reading for those involved with the delivery of care.
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 2 November 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Our usual review of interesting cases that have caught our attention.
In nomine Patris, et Filii, et Spiritūs Sancti. Musketeers. Bee Gees. Wise men. Whether it is the Trinitarian formula, Dumas’ swashbuckling heroes, the brothers Gibb or gift-bearing Magi from the East, many good things undeniably come in threes. With this in mind, what follows should be read as the third - and final - instalment of my series of articles on the progress of the Jackson reforms, tracing developments from the publication of Sir Rupert’s final report in December 2009 to the cusp of implementation.
The Ministry of Justice has launched a consultation into how the discount rate used to determine the amount of future losses in personal injury claims should be set. The fundamental issue at the heart of the consultation is the extent to which seriously injured Claimants should be regarded as a special class of citizens who require a higher level of financial protection than the rest of society.
Joanna Lloyd, puts a number of questions to the new Chief Executive of the NHS Litigation Authority, Catherine Dixon. Catherine was previously General Counsel and Company Secretary at the NSPCC, working as part of the Executive Team.
The Employment Appeal Tribunal has revisited the definition of ‘establishment’ in the context of collective consultation over redundancies – can a school be a separate ‘establishment’ or is the correct establishment an education department? This particular case concerned a local authority, but the principles set out by the EAT around the approach to be taken in defining establishments, are of general relevance. Victoria McMeel reports.
This ‘Halloween edition’ of our employment news bulletin is all treat and no tricks, as Mike Smith explains October’s key developments, including: new social media guidelines; some practical points on harassment from the Employment Tribunal; the new ‘shares for rights’ proposals and an update on draft legislation on equal pay audits and equalities.
When is the obligation to consult on collective redundancies triggered? When an organisation is considering a proposal that will inevitably lead to redundancies (such as complete closure of a workplace); or only when that decision has been made and consequential redundancies are proposed? It had been a settled position since 2007, that consultation should start when an employer has made a firm (albeit provisional) proposal that will result in redundancies; but this had been thrown into some doubt recently and, this month, the ECJ declined to provide some much needed clarity. Julian Hoskins traces the case law developments and summarises where we are now.
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.
This update contains brief details of recent key developments relevant to those involved in procurement work.
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 19 October 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Much work has been undertaken by CQC, in conjunction with GPs across the country, to simplify and test the application process. The application forms are submitted online and CQC anticipates that they should take providers less than 2 hours to complete. However, although completion of the form itself may be straight forward, the whole process of ensuring providers are properly prepared to make the application, and geared to deal with ongoing monitoring of compliance following the grant of registration, raises important questions for GPs to consider:
Robust record keeping is vital to patient safety, quality of care and the demands of clinical governance. Inadequate medical records mean that some litigation claims cannot be properly defended and need to be settled out of court.
This article by Georgia Ford and Claire Bentley looks at some of the key issues that health professionals need to be familiar with in order to properly fulfil their duties to patients and to protect themselves and their employer.
Claire Bentley and Deborah Jeremiah review the updated guidance developed by the General Medical Council following concerns that high profile cases and a fear of complaints by parents were deterring doctors from raising child protection concerns.
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 local government work, which have been published in the two weeks up to 5 October 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
DfT's cancellation of the West Coast Main Line franchise decision provides a timely reminder to all procuring authorities to conduct compliant and robust tender procedures and to set and evaluate award criteria appropriately.
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.
DECC has opened a consultation on its plans to expand the current non-domestic Renewable Heat Incentive (RHI) scheme, which include a proposal to broaden the eligibility criteria for Energy from Waste (EfW) plants.
George Pennington rounds up this month’s employment law news: the latest statistics from the Employment Tribunals and the EAT; a reminder from the EAT on the importance of correctly identifying the reasons for a misconduct dismissal; social media consultation; and last but not least….this year’s 1 October employment law changes.
If Tony Blair said that his three priorities in government were ‘education, education, education’, you could be forgiven for thinking that the Coalition’s priority is ‘reformation, reformation, reformation’. Alec Bennett provides a ‘heads up’ on where we are with the current slew of proposals, reviews, and consultations.
A recent decision of the EAT potentially leaves employers with little wriggle room in relation to ETO reasons for TUPE related dismissals. As Sarah Lamont explains, a college was held to have automatically unfairly dismissed two teachers for refusing to agree to new terms following a post-TUPE redundancy and harmonisation exercise.
This update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in September 2012.
The Assets of Community Value (England) Regulations 2012 are now in force, with far-ranging implications for all English local authorities except shire county councils. The regulations bring in important detail for local authorities regarding the Community Right to Bid, setting out the processes and the steps which they will need to have in place. They also prescribe the compensation arrangements, for which authorities will need to prepare.
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 21 September 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
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.
From today, 10 September 2012, local authorities must comply with new requirements regarding local authority executive decision making. Those advising councils which operate executive arrangements will need to be aware of these to ensure that their authority observes the new requirements.
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 7 September 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
With effect from 1 September, a new criminal offence of squatting in a residential building comes on to the statute book under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This summary tells you all you need to know about the new offence, which has implications for all who own or manage residential and commercial property.
This update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in August 2012.
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 24 August 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
The Department of Health has published its guidance relating to the treatment of PCT- owned PFI property which confirms that providers may ask for these assets to be transferred.
If you have agreed to take on a community PFI, or are considering doing so, how should you approach the acquisition?
Monitor has published a consultation on the proposed NHS provider licence which all NHS services providers will be required to hold, save for any applicable exemptions. The exemptions are currently subject to a separate consultation process (published 15 August 2012) for which responses are required by 22 October 2012. The new licensing regime will be Monitor’s key mechanism for regulating both NHS and private providers of NHS services.
DECC has recently issued new guidance to help local authorities in England improve the energy efficiency of their residential housing. The guidance, issued under the Home Energy Conservation Act 1995 (HECA), requires local authorities to publish a report on their plans to achieve improved energy efficiency by 31 March 2013.
The recent announcement by Field Fisher Waterhouse (The Lawyer 6 August 2012) of their intention to move away from a formal focus on the public sector is the latest sign to date that many law firms are struggling with the challenge of working in this area. Unprecedented budget cuts and the need for efficiency savings have seen major initiatives requiring legal input disappear, along with significant, Cabinet Office led, downward pressure on fees paid to all consultants including lawyers.
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 10 August 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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 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.
There has been yet another chapter in the thorny issue of whether or not a sick worker’s failure to request holiday affects their right to carry over holiday. Following a further appeal in the case of
NHS Leeds v Larner [2012] EWCA Civ 1034 to the Court of Appeal, Alastair Currie reviews the decision and the impact this could have on holiday rights for sick workers.
Jane Wallenstein looks at some of the big employment stories of July 2012, including the announced decision to charge fees in the Employment Tribunal and Employment Appeal Tribunal; the most recent statistics in employment litigation; an update on the position regarding maternity leave and surrogacy and, finally, a recent case which has further clarified the difference between the definitions of worker and employee.
This update contains brief details of key developments in the past three months relevant to those involved in procurement work.
This question was considered recently by the EAT in the case of
Packman t/a Packman Lucas Associates v Fauchon UKEAT/0017/12, as Victoria McNeel explains in this article.
This update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in July 2012.
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 27 July 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
The Chancellor has announced that the Government will guarantee infrastructure scheme which have stalled because of financing problems. However, given the tight eligibility criteria and with no promise of new money, it is not clear how many projects will actually be able to benefit from this new scheme.
Monitor and the NHS Commissioning Board Authority are working together on a choice and competition project with a view to launching a formal interactive Choice and Competition Framework document by the end of this year. Their laudable intention is to support commissioners in ensuring good practice and promoting and protecting patient choice.
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 13 July 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
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.
Recent guidance to PCTs on preparing for the transfer of property has very much focused on the detailed preparation for the transfer either to NHS Property Services or to providers. It is clear that the intention is that the associated contracts, rights and liabilities will also transfer with the property, and that NHS Property Services will also inherit the PCT’s rights under Grant Agreements.
The unfolding news story regarding the attempt by Barclays to manipulate the LIBOR could have far reaching consequences for registered providers. Any loans borrowed, between 2005 and 2009 and linked to LIBOR, should be reviewed if the FSA discover that LIBOR was artificially changed by Barclays and a number of other banks under investigation. We now await the outcome of the FSA’s investigations into the other banks on the LIBOR panel.
The unfolding news story regarding the attempt by Barclays to manipulate the LIBOR could have far reaching consequences for local authorities. Any substantial deposits held, and/or transactions carried out, between 2005 and 2009 and linked to LIBOR, should be reviewed if the FSA discover that LIBOR was artificially changed by Barclays and the nine other banks under investigation. We now await the outcome of the FSA’s investigations into the other banks on the LIBOR panel.
Following the publication of Innovation Health and Wealth in December 2011 the Department of Health agreed to work with the NHS, universities and industry to designate Academic Health Science Networks (AHSN). The first networks are to go live in 2012/13.
The Department of Health has now made the first set of regulations governing the activities of Clinical Commissioning Groups which focus very much on the authorisation process. The National Health Service (Clinical Commissioning Groups) Regulations 2012 cover a number of different points.
Capacity and agreements to settle – Joanne Dunhill (by her litigation friend Paul Tasker) v Shaun Burgin [2012] EWCA Civ 397// Limitation periods - John Charles Roberts v Commissioner of Police of the Metropolis [2012] EWCA Civ 799// Findings of fact – Audrey Burnett v Lynch [2012] EWCA Civ 347// Claimant’s request for adjournment of trial due to solicitor ceasing to act – Bowden v Homerton University Hospital NHS Foundation Trust [2012] EWCA Civ 245
The law relating to consent is of central importance to patients, clinicians and those who act for them because it protects the ethical principle of autonomy, the right of individuals to have the final say about what is or is not done to their bodies. The courts take a dim view of treatment that is provided without a patient’s consent, and the clinician who ignores a patient’s wishes risks, in the very worst circumstances – where consent is not just uninformed but entirely vitiated as unreal – a finding of battery.
In early 2010 a new risk management initiative was introduced by the NHSLA to ensure that organisations are learning from their own claims and that the knowledge gained is shared. The objective was to reduce the number and severity of incidents giving rise to claims in the NHS. The Annual Review covering 2010/11 was published in March 2012.
Hip replacements are currently performed in approximately 70,000 patients a year in the UK and 1,250,000 worldwide. However, in recent months, the news has been full of stories about the fears of faulty ‘toxic’ hip replacements. The concerns surround ‘metal-on-metal’ devices, where the metal mixtures used contain chromium and cobalt.
The NHS Medical Director’s expert group, which has been looking at PIP (Poly Implant Prothèse) breast implants has now published its final report. Led by Professor Sir Bruce Keogh, the group has been collecting and reviewing all available data including estimated rupture rates as well as data on clinical findings when implants are removed.
This update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in June 2012
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 29 June 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Jodie Sinclair looks at the recent decision in the High Court case of (R) Bakhsh v Northumberland Tyne and Wear NHS Foundation Trust, where consideration was given as to whether the European Convention on Human Rights (ECHR) extends liability for public sector employers beyond the ordinary statutory unfair dismissal scheme.
Anne Palmer takes you through some recent developments in the world of employment law, including:
- The case of Christou & Anor v London Borough of Haringey, which looks at the fairness of an employee’s dismissal following a second disciplinary process
- The High Court case of CEF Holdings Ltd and another v Mundey and others regarding the enforceability of restrictive covenants
- An update on the Enterprise and Regulatory Reform Bill following its second reading in the House of Commons this month
- The proposed New Local Government Pension Scheme.
Lara Feghali tackles the complex area of SOSR dismissals, providing some further guidance on this issue by reference to case law, including the recent case of the Governing Body of Tubbenden Primary School v Sylvester.
The announcement that the Secretary of State has commenced the process which is likely to lead to the appointment of a Trust Special Administrator at South London Healthcare NHS Trust makes it clear that the DH’s approach towards NHS Trust deficits is coming to an end.
Under Article 12 of the European Convention of Human Rights, men and women of marriageable age have the right to marry. However, this right is expressed as being subject to "the national laws governing the exercise of this right".
Essentially, the starting point is that everyone has a right to marry in accordance with the limitations of the legal frameworks.
Dealing with complaints effectively throughout the NHS is fundamental to maintaining the confidence of patients in relation to its performance, efficiency, quality and safety of care.
The 2012 London Olympics are due to start on 27 July. The UK and its economy are very different environments compared to 2005 when London won the bid to host the Games; and there has been much press speculation about the burden that the Olympics will place upon an already heavily stretched NHS. In this article Georgia Ford focuses on the position of secondary care providers.
In June 2012 a critical report was published by the National Confidential Enquiry into Patient Outcome and Death (NCEPOD) highlighting the inadequacies in cardiopulmonary resuscitation (CPR) practice in hospitals. The study was carried out on 585 patients who suffered from a cardiac arrest during their admission to hospital, focusing on how they were treated before, during and after the cardiac arrest event.
This article examines the criticisms and recommendations raised about the CPR decision making process.
A recent publication from the Health and Safety Executive will help local authorities and schools understand what duties they have to identify and manage asbestos in schools.
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 15 June 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
DCLG has at last published the last pieces of the Standards jigsaw - the regulations which define Disclosable Pecuniary Interests along with the Commencement Order that sets out the transitional arrangements for the changeover to the new standards regime under the Localism Act 2011. The new provisions come into force in under three weeks so local authorities need to set up the new arrangements as soon as possible, and members, Monitoring Officers and all officers who deal with members in their jobs will have to be trained on the new provisions.
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 local government work, which have been published in the two weeks up to 1 June 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Yesterday the British Medical Association (“BMA”) announced that, following a ballot amongst its members, there will be a 24 hour period of industrial action on 21 June.
Contracting authorities are generally keen to promote the use of environmental and social issues in procurement. The EC has shifted its stance over the past few years to acknowledge and encourage incorporation of these issues into the procurement process, subject to limitations.
The presence of telecommunications apparatus can be a major obstacle to a landowner’s ability to dispose of or redevelop its land. Most mobile operators enjoy statutory protection which makes it very difficult for them to be removed from sites.
This update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in May 2012.
In keeping with the jubilee theme, Gemma Hill reports on the Queen’s Speech which was delivered at the State Opening of Parliament on 9 May. As always, it sets out the Government’s legislative programme going forward, which, we were told "will focus on economic growth, justice and constitutional reform". Within the various announcements made during the speech there were a number of employment-related Bills which are set out in more detail in this article.
We last reported on this case back in October of last year, following the hearing in the High Court. The decision of the High Court was that Dr Mattu’s dismissal was not carried out in breach of contract and, further, that Article 6 of the European Convention on Human Rights was not engaged during the disciplinary process as his dismissal did not prevent him from practising as a consultant cardiologist. They held that that he would only be so prevented if the General Medical Council removed or suspended his registration.
Jaspal Basra takes a whistle-stop tour of a few of the more prominent employment law announcements and cases from this month, including the Governments response to the consulation on the reform of the Equality and Human Rights Commission; the judgement in the EAT case of
Seawell Ltd v Ceva Freight (UK) Ltd concerning TUPE provisions; and the recently amended identification checking guidelines from the Criminal Record Bureau.
As promised in last month’s edition, Alessandra Gettins has produced a detailed case report on the recent decision in the Supreme Court in the case of Seldon v Clarkson Wright and Jakes which looked further into the area of direct age discrimination and on what grounds it can be objectively justified.
Now that The Health and Social Care Act has received Royal Assent. The provisions remain to be brought into force by commencement orders (except for a limited few which are not relevant to this briefing note) but we now have clarity on the framework of the restructuring of the NHS.
The Health and Social Care Act has led to an overhaul in the failure regime for NHS Foundation Trusts. The Act repeals the de-authorisation provisions in the NHS Act and establishes a Trust Special Administration regime for FTs. The proposal during the passage of the Bill for insolvency law to apply to FTs has been dropped and the role of Monitor in the administration process has been enhanced. This article explores the key features of the new regime and its implications for NHS FTs.
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 18 May 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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 Department of Health yesterday published its finding on the number of parcels of land declared as surplus or potentially surplus current held by NHS trusts.
Mr Justice Akenhead has held in the case of Walter Lilly and Company Limited v Mackay and DMW [2012] EWHC 649 (TCC) that advice given to clients by claims consultants is not covered by legal professional privilege or legal advice privilege, even if that advice was given by solicitors or barristers engaged by those claims consultants.
One of the key tests for any clinical commissioning group seeking authorisation from the NHS Commissioning Board will be that they have a constitution that is compliant with the requirements of the 2012 Act, and is “otherwise appropriate”. In effect this means that the Commissioning Board must be happy with it!
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 4 May 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
By 26 May 2012, all UK organisations that operate a website will need to obtain consent from visitors to its website in order to continue using cookies. The EU rules on the use of internet cookies changed following amendments made to the E-Privacy Directive. Those changes were implemented in the UK last year following amendments to the Privacy and Electronic Communications (EC Directive) Regulations 2003.
The Information Commissioner’s Office (ICO) has this week handed out the first fine to an NHS organisation for a breach of the Data Protection Act 1998.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in April 2012.
Another case has come through the courts relating to inappropriate Facebook usage by an employee. As you may recall we reported on the rise of dismissal cases relating to employees' use of Facebook and other social media a few months ago.
Joanna Smart takes a look at some key employment law developments which took place in April, most notably the fact that the anticipated decision of the Supreme Court in Seldon v Clarkson Wright and Jakes was published on 25 April.
In the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Bagley, the EAT has confirmed the position in regards to what constitutes a reasonable adjustment and also provided welcome clarification on when aggravated damages should become payable and what amounts to correct sums where these damages, and others, are concerned.
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 20 April 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
This update contains brief details of key developments in the past three months relevant to those involved in procurement work.
Elizabeth Cooper considers the new Public Services (Social Value) Act 2012 and how far a public body can take non-commercial considerations into account when procuring public contracts.
The Guidance issued by the Department of Health on 4 August 2011 states that aspirant Community Foundation Trusts, other National Health Service Trusts and Foundation Trusts (transferees) are to be given the opportunity to acquire the parts of the PCT estate deemed ‘service critical clinical infrastructure’. On 22 March this year, the Department of Health issued a draft Transfer Order (the Order) which is intended to effect these transfers. This alert provides guidance in relation to this latest publication from the department .
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.
The Carter Report advised on savings and service improvements that could be made within Pathology Services. In this article we review the options available to the NHS as they strive to optimise the standard of service provided.
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 local government work, which have been published in the two weeks up to 6 April 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Explores the structure, governance regime and the model constitution framework for the new Clinical Commissioning Groups. This article also considers the relationship between CCGs and GPs.
This article explores the introduction of CCGs, their duties and responsibilities and how these will impact on commissioning health services.
Considers the amendments to the legislative provisions which must be contained in all Foundation Trust Constitutions and the impact on governance.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in March 2012.
Considers the repeal of the private patient income cap and explores how Foundation Trusts can generate income from non-NHS activity
Examines the licensing roles of Monitor under the reforms and the new general duties arising out of this.
In this article we explore Monitor's roles in investigating anti-competitive behaviour, the remedies that it can impose and its responsibility for setting the national pricing tariff. This article also examines what happens in the event of insolvency of providers of NHS services.
In this issue we consider: collective redundancies; key changes resultant from amendments to the Employment Tribunal Regulations; review the Government's decision to increase the national minimum wage and; include a case regarding justified age discrimination.
With financial pressures still dominating the news headlines and organisations having to make substantial savings, redundancies remain a real possibility for many employers. It is more important than ever for employers to implement a fair redundancy process to avoid unfair dismissal claims, and part of that is identifying an appropriate redundancy pool. Mike Smith looks at two EAT cases for guidance to employers.
Sarah Lamont discusses two recent decisions arising out of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Dealing with service provision changes and the meaning of an “organised grouping of employees”.
The new National Planning Policy Framework was released today and comes into force immediately but it contains very few surprises.
The Department of Health and CQC are increasing their focus upon termination of pregnancy services. Following the Daily Telegraph secret investigation, which highlighted allegations of clinics agreeing abortions on the ground of gender of the foetus, the Chief Medical Officer wrote to all NHS Medical Directors and independent sector abortion clinics reminding them of their obligations under the relevant legislation and guidance. CQC then undertook a programme of unannounced inspections of private and NHS clinics.
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 23 March 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
On 15 March the Department of Health announced that it is to close the continuing care retrospective review process. The letter from Sir David Nicholson confirms that the Department of Health intends to introduce a close down for any new cases requesting assessment of retrospective eligibility for NHS Continuing Healthcare.
When the Icelandic banks collapsed in October 2008, 145 local authorities faced the prospect of losing deposits amounting to approximately £1.1bn. Three years on, the Icelandic Supreme Court handed down its judgment recognising the funds placed by local authorities (together with leading universities including Oxford and Cambridge and other UK wholesale creditors) as deposits with priority status over other creditors' claims. Priority creditors of Glitnir will receive 100% of the value of their claims and priority creditors of Landsbanki expect to recover at least 98%.
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 9 March 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
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 and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in February 2012.
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 24 February 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
The Supreme Court has delivered its long awaited judgment in the case of Rabone v Pennine Care NHS Foundation Trust. In summary, the Supreme Court made the following findings:
The recent case of HM Land Registry v Benson looked at a cost-based voluntary redundancy situation and whether or not this resulted in indirect discrimination on the grounds of age and sex. Jodie Sinclair has reviewed this case in detail to assess whether or not such discrimination can be justified and if so, on what grounds.
Alec Bennett looks at some key employment law developments which took place in February, including a delay to the response to the Modern Workplaces Consultation; an increase in statutory and tribunal payment figures; and two recent employment tribunal cases, the first of which looked at the complex area of protection from discrimination for those becoming parents through surrogacy and the second, at post employment victimisation under the Equality Act 2010.
The two cases of Weddall v Barchester Healthcare Ltd and Wallbank v Wallbank Fox Designs Ltd were heard together by the Court of Appeal recently. Both considered whether employers were vicariously liable for violence committed by their employees in response to lawful requests and instructions. Gemma Hill looks more closely at the combined case and explains how the different outcomes of the two cases have highlighted the scope of vicarious liability for employers.
Ed Duckworth takes a look at the recent health claim cases, including: Res Ipsa Loquitur in Clinical Negligence – Thomas v Curley [2011] EWHC 2103(QB); Successive causes and causation; Loss of chance - Wright v Cambridge Medical Group [2011] EWHC Civ 669; Causation and contribution – Dalling v Heale & Co [2011] EWHC Civ 365; and Deferring assessment of damages - Cook v Cook [2011] EWHC 1638 (QB).
Whilst Cauda Equina Syndrome is a relatively rare condition, it is a fairly common source of Clinical Negligence claims. In this article Jonathan Fuggle explores some of the issues that commonly arise when dealing with CES claims.
On 26 January, the Department of Health published the long-awaited industry review by Marsh. The purpose of the review was to consider...
The Local Government Secretary's response to the Bideford Council prayers judgment has been to bring in local authorities' new General Power of Competence immediately. Peter Keith-Lucas examines the judge's reasoning and considers whether the new power will in practice have the claimed effect.
Supreme Court Judgment in Rabone v Pennine Care NHS Trust clarifies law on Article 2, The Right to Life.
Claire Bentley considers how healthcare professionals should respond when in challenging conversations with patients who feel their life is unendurable and wish to explore assisted suicide.
Until recently, the main concerns of mobile phone use in hospitals were the risks associated with the interference of medical equipment. This resulted in many NHS Trusts putting restrictions in place to prohibit their use. Some Trusts even enforced blanket bans across their hospitals. However, these concerns have been steadily allayed over the last few years as a mass of research demonstrates that mobile phones actually pose little or no risk to the majority of hospital equipment. Trust policies therefore now tend to adopt a more flexible approach allowing for the use of mobile phones on their premises, with the exception of a limited number of prohibited areas such as specialist baby and critical care units.
Having the right procedures in place to deal with the management of patients (and in some cases their relatives) who are abusive, aggressive or threatening is more important than ever. Assaults on NHS staff for 2009/2010 amounted to 56,718 (1). This is clearly of huge concern both from the perspective of those individual staff members personally attacked whilst carrying out their jobs, but also in terms of the time and money which is being diverted from the delivery of healthcare.
Despite political tensions over the Health and Social Care Bill (the "Bill"), it is full speed ahead for Monitor as it continues to engage with stakeholders on its proposed licensing regime. 6 February 2012 saw the release of five further consultation documents.
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 10 February 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
Secretary of State for Energy and Climate Change v Friends of the Earth and others [2012] EWCA Civ 28
The Secretary of State for Energy and Climate Change last week lost his appeal against a High Court judgment handed down at the end of 2011 that a proposal to halve feed-in tariffs (FITs) to small-scale producers of solar electricity was unlawful.
Standards for England ceased its regulatory function on 31 January 2012, and is now winding down its offices and archiving its guidance. So how should councils now deal with standards investigations that are in the pipeline, prior to the introduction of the new regime in July?
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in January 2012.
2012 is set to be another bumper year for development and change within employment law and processes. Jaspal Basra takes you on a quick run through of some of the significant changes that are expected in the months ahead, including legislative change, reforms and upcoming judgments.
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 27 January 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
Alessandra Gettins reports on the latest employment news: looking ahead to the 2012 Olympics; application of the new qualifying period for unfair dismissal; publication of the most recent tribunal statistics; and a recent case focusing on the implications of the abolition of the default retirement age.
Julian Hoskins discusses the recent judgment by the EAT in the case of Arriva London South Ltd v Nicolaou UKEAT/0293/11 which held that a requirement by an employer for an employee to sign an opt-out agreement in order to work overtime was not a detriment and was necessary to ensure the employer complied with its duty under the Working Time Regulations 1998.
After a long period of uncertainty we now know who will own the bulk of the PCT estate. Rumours have been circulating for some time that an announcement was imminent (reported in HSJ article dated 17 January regarding a leak of this announcement). The announcement was made by way of a ministerial statement from Andrew Lansley.
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 four weeks up to 13 January 2012. Items are set out by subject, with a link to where the full document can be found on the internet.
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 key developments relevant to those involved in procurement work.
On 20 December 2011 the European Commission published three new draft Procurement Directives which will replace the existing public sector and utilities Directives and will introduce a new Directive covering the procurement of works and service concessions. This article highlights ten key areas of change raised by the draft public sector Directive.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in December 2011.
Legal intelligence for professionals in property.
This update contains brief details of recent property legislation, cases and other developments relevant to those involved in property.
The Supreme Court has finally handed down its reserved judgment in the much anticipated case Edwards v Chesterfield Royal Hospital NHS Foundation Trust and Botham (FC) v Ministry of Defence which was heard in June this year.
On 17 November 2011 we produced a flyer entitled "Glimpses of the Future? Monitor Reveals Proposed Licensing Regime" which set out that Monitor had started to prepare for its new role, as regulator of NHS healthcare providers, in anticipation of the Health and Social Care Bill (the "Bill") becoming law.
James Gutteridge reports on the latest employment news: how to prepare for the arrival of winter weather; an update on auto-enrolment of pension schemes; and a couple of interesting case updates.
On 23 November, Business Secretary Vince Cable gave a speech at the Engineering Employers' Federation in London outlining the government's plans for reform of employment legislation and practices. This announcement coincided with the publication of the government’s written response to the Resolving Workplace Disputes consultation, containing further details of many of the proposals and "calls for evidence". Following our article last month which detailed many of these reforms John Moore takes another look at some of the key announcements and analyses what we and the employment market in general, have made of them.
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 December 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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 local government work, which have been published in the two weeks up to 2 December 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
Nicola Pegg provides our usual round-up of interesting cases, including a look at whether a Claimant can sell a claim to someone else to pursue and more judicial support for standing firm against over-inflated claims.
If yes, it will be illegal to be involved in this activity without a licence from 27 August 2012 - Are you prepared?
The number of litigants in person is on the rise according to The Personal Support Unit (PSU), a voluntary organisation which provides support to litigants in person. They have reported that such cases in the Manchester Civil Justice Centre are up by 89% in the four months to 30 September compared with 2010.
Julie Charlton sets out a quick brainteaser on various aspects of managing claims, for when you have a spare 10 minutes.
In recent months there have been a notable number of announcements and emphatic speeches from the prime minister and his government regarding changes to employment law. Sarah Lamont has looked into these in more detail and sets out the various proposals and suggestions.
Although it may not be Christmas just yet Joanna Smart is generously treating you to a bumper edition of the news round up this month, covering a mixture of legal developments from October and November 2011.
As many of you will be aware there has been a great deal of case law on the issue of holiday entitlement to those on long term sick leave. It is now clear that those workers on sickness absence continue to accrue their annual leave entitlement during this time and that they can to take annual leave at the same time as being absent due to sickness. However the area which is less clear cut is whether an employee on sickness absence can claim holiday pay where they have failed to give notice to take the leave to their employer. The latest in the string of sickness cases is Fraser v St George’s NHS Trust which has provided some clarification on this potentially confusing, yet important, issue; Lara Feghali has reviewed the case and sets out the implications for employers below.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in November 2011.
A report published today has again highlighted the regularity with which the Data Protection Act 1998 ("DPA") is being breached by public sector organisations. A report by Big Brother Watch details that between 2008 and 2011, 132 local authorities in the UK lost data in over 1000 separate incidents.
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 18 November 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The Health and Social Care Bill 2011 (the "Bill") will not complete its passage through Parliament for some months and may be further amended. However Monitor has started to prepare for its new role as regulator of NHS healthcare providers, should the Bill become law.
This update contains brief details of recent property legislation, cases and other developments relevant to those involved in property.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been issued in the past four months.
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 local government work, which have been published in the two weeks up to 4 November 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in October 2011.
Why social landlords need to make sure that all of their staff are kept in the loop...
The Court of Appeal held last week that a letter from a landlord’s housing assistant to a tenant telling him that his probationary assured shorthold tenancy (AST) had successfully converted into an assured tenancy (AT) was sufficient notice under the Housing Act 1988 for that purpose. This was despite the fact that only a week before the letter was sent the landlord’s solicitors had served a NOSP and NRP on the tenant, telling him that his tenancy hadn’t converted.
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 21 October 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The issue of sexuality has become increasingly important in the approach expected from caring and nursing professionals. This article examines the legal framework, guidance and practical difficulties in that approach.
It is a well known principle in English law that a competent adult’s refusal to treatment cannot be overridden – no matter how unwise or incomprehensible that decision may be. The same cannot always be said in relation to children, who, as a society we consider must be afforded an added protection against their own unwise or irrational decisions.
Consideration of the case of W-v-M and S and A NHS Primary Care Trust, EWHC 2443, 28/09/11, the first in which a court was asked to consider whether it was in the best interests of a patient in a 'minimally conscious state' to withdraw life sustaining treatment.
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 local government work, which have been published in the two weeks up to 7 October 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
Sarah Lamont reports on the latest employment news: the arrival of the Agency Workers Regulations; Employment Tribunal Statistics for 2010/2011; the abolition of the Default Retirement Age; DWP guidance on Maternity Leave and Pension contributions and a recent case highlighting that for Article 6 of the ECHR to be engaged an employee's dismissal must categorically end their professional career.
As online social networking becomes the fastest addiction since the office worker discovered caffeine, Yasmin Allen looks at the latest in a spate of cases dealing with work related comments posted on Facebook and the recent ACAS guidance on social networking.
Can an employee who has two different jobs continue working for one employer whilst being signed off sick from another? Mike Smith looks at the recent case of Perry v Imperial College Healthcare NHS Trust which has helped clarify this issue further.
A round-up of recent news happening within the financial services market.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in September 2011.
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 23 September 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
In the last month HM Treasury has issued guidance on making savings in operational PFI contracts. The guidance follows the draft guidance issued in January this year and is intended to assist public sector PFI Contract Managers to identify and implement savings measures that would reduce costs whilst maintaining frontline services.
The guidance focuses upon four pilot cost saving reviews of operational PFI projects, one by HM Treasury with the Cabinet Office and three by the MoD. The pilot reviews have confirmed the draft guidance recommendations for achieving operational savings identifying three main categories, this article examines those categories.
The Local Democracy, Economic Development and Construction Act 2009 will come into force in England and Wales on 1st October 2011 and will make a number of fundamental amendments to the Housing Grants Construction and Regeneration Act 1996, which is the current legislation governing all “construction contracts”.
A review of the recent case law on Part 36 offers.
Few would take issue with a statement that the NHS and its associated parts need to be trusted to maintain the confidentiality and security of personal information. The principles of information security require that all reasonable care is taken to prevent inappropriate access, modification or manipulation of data. In the NHS, the most sensitive data is, of course, patient record information.
Sian Morgan reviews the best way to approach investigating cases alleging hospital acquired infection.
“The law is reason, free from passion” (Aristotle) - or perhaps not if you are a clinician accused of negligence.
Obtaining good factual evidence is essential for the successful defence of a claim. The key to obtaining that evidence is effective and empathetic communication with the doctors, nurses or midwives who were involved in the care of the patient and from whom we seek factual evidence.
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 9 September 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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 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 article considers the new Public Procurement (Miscellaneous Amendments) Regulations 2011 (“the 2011 Regulations”) which will come into force on 1 October 2011. These Regulations will amend the Public Contracts Regulations 2006 (“PCR”), the Utilities Contracts Regulations 2006 and other related legislation. This article focuses on the amendments to the PCR made by the 2011 Regulations.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in August 2011.
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 26 August 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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 12 August 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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 and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in July 2011.
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 29 July 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The Government has recently published its response to the consultation in relation to the right to request 'time to train'. The regulations providing a right to request time to train were introduced on 6 April 2011 to all organisations employing over 250 people. It was originally anticipated that the right would be extended to all organisations in April 2011. However, in August 2010, a consultation was introduced across the UK to gauge the public view of the regulations and to ascertain whether the right was improving training opportunities for employees. It was intended that the consultation would confirm whether the right should be repealed, retained, or reshaped.
Following on from the reports in our January and March News Round Ups, we are now able to report that the Equality Act 2010 (Specific Duties) Regulations 2011 (the ‘Regulations’) are now due to come into force shortly.
Can a pay disparity caused by the TUPE transfer of various employees amount to a genuine material factor (GMF) defence to a subsequent equal pay claim? Can red circling of an employee’s pay following a TUPE transfer amount to a GMF defence? In a case which involves issues of both TUPE and equal pay, the EAT has recently provided very welcome guidance on these issues, as explored further by Anne Palmer.
This week the Secretary of State for Education has set out his proposals for the reform of schools capital spending. This included his response to the Review of Education Capital published by Sebastian James on 8 April 2011.
In this month's cases round-up, Ed Duckworth looks at some further developments on Part 36 offers, how easy it is to change experts and whether a potential Claimant can sell their claim on.
In this article, Raj Kang, reviews the recent landmark case of Jones v Kaney where expert witnesses have lost their 400 year old immunity from being sued in civil courts. The full ramifications of this decision are yet to emerge but it is clear that the implications are far-reaching.
Defendants often feel that claims they are presented with are excessive and, occasionally, potentially fraudulent. Recent case law indicates that Judges are not always sympathetic towards allegations by Defendants of fraud or exaggeration (see below). Such allegations need to be pleaded in a Defence supported by a statement of truth so this is not a step which will be taken lightly. It is therefore crucial that attempts are made to resolve any quantum disputes before trial and to ensure that ample evidence is obtained. This article describes the steps that can be utilised to dispute heads of loss that do not add up.
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.
At a time when British women take up the mantle of being the fattest in Europe and NHS Trusts are criticised for a failure to tackle their own staff’s obesity, here are 3 cases arising from the impact of the obesity epidemic not only on the NHS but also further afield...
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 15 July 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
Local authorities have a statutory responsibility to secure suitable accommodation for the occupation of eligible homeless (housing) applicants with priority. However, many local authorities in England and Wales have transferred their housing stock to social landlords hence the need for assistance from Registered Providers in the discharge of their functions in this area. Even in cases where a local authority still retains/owns its housing stock, demand for social housing often far outweighs supply such that local authorities have to rely on housing associations to provide accommodation to housing applicants in the discharge of their duty.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been issued in the past three months.
Bevan Brittan LLP is aware of a new kind of fraud that is becoming prevalent in the marketplace. The fraud is relatively easy to operate and thus easy to avoid from the point of view of the victim.
Public bodies now need to consider the public sector equality duty in their decision making. In an era of funding cuts the question is when should that duty be carried out and how? Bevan Brittan is the largest provider of legal services to the public sector and we understand the application of this duty to budget setting and implementation.
The Government has finally launched its White Paper on reforming public services, that it has trailed as critical to reform in health, education, social care, welfare and housing and would affect all citizens. In this article, we provide an overview of the proposals and consider their implications for public bodies.
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 local government work, which have been published in the two weeks up to 1 July 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
Comment and detail on the amendments to the Health Bill. Following the Future Forum report and the Government’s response we now have the amendments being proposed to the Health & Social Care Bill when it goes back into committee in the House of Commons. Obviously these are by no means the final word on the legislation, as it has yet to go through the House of Lords, but politically this represents the Coalition’s compromise with the critics who have challenged the Bill.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in June 2011.
Like buses, you wait ages for a key case on disciplinary procedures, and then two come along at once: the EAT has recently considered the important (but sometimes very fine) distinction between a misconduct dismissal and dismissal for ‘some other substantial reason’; and, in a second case on a similar theme, the High Court has shed further light on the emerging principles around the application of the European Convention on Human Rights to disciplinary proceedings. Sarah Michael reports.
John Moore reports on the latest employment news: TUPE and collective agreements; amendments to the Agency Workers Regulations Guidance; details of a change in how employment tribunals allocate compensation between multiple respondents; and a research paper from Acas on how the new disciplinary and grievance procedures are bedding in.
Inaction, or insufficient action, by an employer who is aware of the repeated racial harassment of an employee by a third party can lead to the employer being liable for that harassment, according to a recent decision of the EAT. This case concerned the Race Relations Act, which has since been repealed, but the principles continue to be relevant – and will be particularly relevant for public sector employers whose employees are likely to come into contact with members of the public who engage in challenging behaviour. Sarah Lamont looks at the detail.
The news that up to 750,000 public sector workers have agreed to commence strike action on 30 June 2011 is no surprise to many. The fifth largest trade union, the Public and Commercial Services Union has announced that 290,000 of its members intend to strike, which will affect a wide range of services. The National Union of Teachers and the Association of Teachers and Lecturers has also voted for strike action to protect teachers’ pensions. The strike action will purposely coincide with the other public sector strikes due to take place on 30 June 2011.
The Supreme Court in the recent case of Yemshaw v London Borough of Hounslow was called upon to interpret the word “violence” in s.177 of the Housing Act 1996 where a victim of domestic violence was refused accommodation by Hounslow LBC; because the alleged “violence” was not physical. The council decided that the victim’s refusal to return to her home because of fear of violence from her husband was insufficient for her to leave her home and therefore she could not be regarded as homeless.
Peter Keith-Lucas considers how local authorities will deal with standards of member conduct once the Code of Conduct has been abolished.
Last year Bevan Brittan wrote an article Sharper teeth for PMS commissioners which clarified the rights of PCTs to terminate PMS agreements on notice, ‘without fault’. This stemmed from amendments to the PMS Agreement Regulations which came into force on 1 April 2010. A recent judgment has now confirmed that PCTs retain their right to terminate the PMS contract with six months' notice and that PCTs have been acting within the legal framework.
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 17 June 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
We consider the key messages from the Government’s comprehensive review of waste policy and delivery in England that sets out actions and commitments on working towards a zero waste economy.
Olwen Dutton considers the Government's response to the report from the NHS Future Forum on the need for a number of key changes in the Health and Social Care Bill, and looks at what these might mean for local authorities.
Claire Bentley and Debbie Platts look at the fourth summary of reports and responses under Rule 43 of the Coroners Rules published by the Ministry of Justice in March 2011. It bears thorough reading as it makes clear the trends in reporting by Coroners and the issues requiring such reports.
Many will remember the discussions that took place a couple of years and more ago now, with the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. Whereas previously proof was needed that a “directing mind” of an organisation was personally guilty of manslaughter; now an organisation will be guilty of an offence if Senior Managers manage its activities in a way that causes a person’s death and amounts to a gross breach of a relevant duty of care. By focusing more on the collective actions of senior management, the Act ultimately makes it easier to prosecute organisations.
Police officers can exert considerable pressure on NHS staff to disclose confidential patient information. A thorough understanding of professional guidance and best practice is essential in order to avoid criticism or legal action.
Claire Bentley and Jane Bennett look at the issues that front line staff should be considering when dealing with police requests for information.
A common problem for mental health managers who have uncovered a procedural irregularity in a patient’s detention is in working out whether this means that the patient should be discharged and/or compensated. This article considers the current legal position and three recent cases
The High Court has recently ruled in favour of a Primary Care Trust in relation to a decision concerning the allocation of scarce resources in R (Condliff) v North Staffordshire PCT. This article examines the case itself and provides some practical lessons to be learnt from it.
In terms of guidance, the Department of Health's “No Secrets” remains a valid document which sets out the range of categories of abuse and some mapping of safeguarding procedures. However, the most recent guidance, “Safeguarding Adults -The Role of Health Service Practitioners”, issued in March 2011, is an important updating document that all health professionals should read.
Simon Lindsay reviews the case of Steven Neary and the essential practice points identified for PCTs and local authorities.
We look at the NHS Future Forum's recommendations to Government on how the Health and Social Care Bill might be improved, following the "listening exercise". Given the resounding opposition from many at the frontline of health in relation to this controversial Bill, we have awaited the recommendations with interest to see whether they amount to a quick polish or a complete overhaul.
Local authorities, and PCTs commissioning Continuing Health Care, will need to keep a close eye on developments at Southern Cross. As the Group provides care for in the region of 37,000 residents (approximately 31,000 in the elderly care category) across over 750 care homes, the uncertainty over its continuing trading is likely to impact upon the vast majority (if not all) of local authorities and PCTs. Exposure will be greater in some regions than others but, particularly with out of area placements, there are unlikely to be any commissioning authorities who are completely untouched by the events. For some, the crisis potentially jeopardises the placements of hundreds of vulnerable adults for whom they are responsible.
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 3 June 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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 and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in May 2011.
Changes to Government funding arrangements may mean an increased number of schools looking to convert to academies by September 2011.
The long awaited final guidance on the Agency Workers Regulations (‘the Regulations’) has now been published by the Department for Business, Innovation and Skills (BIS). Forget the airport paperback; this will be essential summer reading for all those involved in the hiring and provision of agency staff, as the Regulations come into force on 1 October 2011.
Julian Hoskins looks at the detail.
Alastair Currie provides a summary of employment law news this month, including new guidance published this month; the latest government proposals for employment law reform; and an update on the latest case on whether ‘the right to a fair trial’ applies to disciplinary proceedings.
Alessandra Gettins reports on a recent EAT decision that considered the right to request working beyond retirement under the Employment Equality (Age) Regulations 2006 (the ‘Age Regulations’). The decision will concern many employers who have employees under notice of retirement and potentially may lead to a flurry of unfair dismissal and age discrimination claims from employees who are, or were, obliged to retire.
As part of our focus on topical employment law issues,
James Gutteridge looks at two recent decisions on redundancy scoring exercises. As ever, there are potential pitfalls for managers involved in redundancy scoring, but the cases set out below should provide some reassurance.
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 20 May 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
With effect from 30 April 2011, new laws came into force which will change the legal relationship between local authorities and occupiers of pitches on permanent and temporary gypsy and traveller sites. As well as changing the underlying legal basis of occupation of gypsy and traveller pitches for the future, a specific statutory duty requires positive action to be taken before 28 May 2011. In this update, we summarise the new changes.
Dental Performers have been setting up limited companies in order to provide dental services. This arrangement requires consent; without notification that this is happening, problems can arise for commissioners. Limited companies do not fall within the definition of a Type 1 Dental Practitioner for the purposes of the NHS Pension Scheme regulations and consequently the Dental Performer is no longer eligible to receive NHS superannuation for the work performed via the limited company. We have produced a briefing note (email for a copy) which discusses the issues and options available.
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 6 May 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The strengthening of the position of Leader in the Local Government and Public Involvement in Health Act 2007 can give rise to real problems for councils where no party has an overall majority. In this article, Peter Keith-Lucas looks at the challenges of electing a Leader where the May 2011 local elections result in a balanced council.
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.
In this article, Ceri Catton reviews a recent Healthcare Ombudsman’s report which calls for institutional changes in the NHS which was said to be failing to provide even basic standards of care to elderly patients. Ceri Catton examines the reasons for this and how the NHS can change its approach to elderly patients.
Nicola Pegg takes a look at the following cases: Jones v Kaney 2011; Annie Rachel Woodland (by her Father & Litigation Friend Ian Woodland) v Beryl Stopford (1) Deborah Maxwell (2) Swimming Teachers Association (3) (2011); Alexander v O’Brien (2011); XYZ v Portsmouth Hospitals NHS Trust (2011); and Tavenor Joe Douglas (A Litigation Friend William Robertson) v Matthew James O’Neill (2011).
We will all be familiar with CPR 35.4, which states that no party may call an expert or put in evidence an expert’s report without the court’s permission. Where an expert has been identified and their report is disclosed post proceedings, then to change the identity of their expert, a party must apply to the Court.
29 March is remembered for several important events in history: the day on which the last US combat troops departed South Vietnam in 1973; the day in 1886 on which Dr John Pemberton brewed the first ever batch of Coca-Cola in his Atlanta back-yard; and the day, in 1981, that thousands of people ran, limped and sweated their way through the inaugural London Marathon. All notable occurrences, justly recorded and remembered. But for those of us defending NHS Trusts against clinical negligence actions, the date will be remembered for another reason: as the date the Government announcing the death knell for ‘no-win, no-fee’ CFAs which have been such a blight on the litigation landscape for the last decade or so.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in April 2011.
Organisations which are currently setting up, or have set up, their anti-bribery procedures in time for the implementation of the Bribery Act in July must take note of the final guidance on preventing bribery which has now been published by the Ministry of Justice. This will be of relevance to all those involved in HR and management generally, in the private and (to a lesser extent) the public sector, as John Moore explains.
Lara Feghali provides a summary of employment law news this month, including information on the draft guidance for agency workers, an update on recent case law concerning discrimination on the grounds of sexual orientation and religion or belief, and details of increases to the National Minimum Wage.
Mothers are, as we all know, special. And the law acknowledges them as such, in that it allows employers to afford ‘special treatment’ to pregnant women and mothers, without that amounting to unlawful discrimination against men. But the EAT has recently curbed the extent to which that ‘special treatment’ may be allowed; and this may have wider implications beyond the facts of this particular case. Sarah Lamont looks at the detail.
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 22 April 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The publication of the Review of Education Capital by Sebastian James on 8 April 2011 has finally cleared the way for local authorities to understand the future regime
for allocating capital from DfE.
On 11 February 2011 the High Court handed down judgment in the Building Schools for the Future judicial review. This was a challenge to the controversial decision of Michael Gove, Secretary of State for Education, to cancel funding for the Building Schools for the Future scheme. Bevan Brittan LLP acted for Sandwell MBC, one of the six local authorities that challenged the decision. The councils succeeded in their claim and costs were awarded against the Secretary of State.
In this article we look at what the judgment means for the councils affected and for public bodies in the future making difficult decisions about spending.
Are you loaning money to employees or other individuals? Are you sure that you are compliant? Are the agreements enforceable? Are you risking committing a criminal offence? Adam Finch and Fran Mussellwhite look at issues that local authorities should consider if they are providing any form of credit to anyone.
In these times of austerity, many public bodies are making very difficult decisions which impact on staff and service users. The increased level of awareness and scrutiny of these decisions, coupled with the prevalence of social networking sites and online forums, means that local authorities are fighting a daily battle against critical comments posted online, some of which stray into the realms of libel.
In the present era of public spending cuts, reducing spends on repairs and maintenance is a popular first call to balance budgets. However, with capital to build new facilities even harder to obtain, a higher premium than ever should be placed upon managing and maintaining your estate, because it is likely to be the only one you will get for a number of years to come. The cost of doing nothing to keep your estate properly maintained is the increased risk of catastrophic failure where a whole building and the services provided from it may need to be closed down for a period of time.
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.
Part 4 Chapter 3 of the Localism Bill sets out the framework for a new Community Right to Challenge that will give communities the right to bid to take over local state-run services currently delivered by or on behalf of local authorities. This article considers a number of procurement issues that are raised by the Right to Challenge provisions.
The Court of Appeal’s judgment in the 007 Stratford Taxis case addresses the issue of whether the Cabinet of a local authority has the power to adopt a policy to direct the discharge of a non-executive function. In this article, Peter Keith-Lucas considers problems raised by the judgment, and its wider implications.
The Localism Bill will place a new duty on principal authorities in England to promote and maintain high standards of conduct among elected and co-opted members of the authority. It will also remove the present means of discharging this duty by abolishing the General Principles, the Model Code of Conduct, the Standards Board and local authority Standards Committees. In its place will be a new statutory Register of Members’ Interests, with criminal penalties for failure to comply.
Peter Keith-Lucas considers how local authorities may fulfil this new duty.
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 8 April 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
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. Items are set out by subject, with a link to where the full document can be found on the internet.
The Additional Paternity Leave Regulations 2010 came into force last summer and apply to parents of babies born or due (or due to be adopted) on or after 3 April 2011. This is now only days away, and the babies in question are much more than a twinkle in their parents’ eyes. Alastair Currie summaries the provisions and considers the practical implications for employers.
Employment news items of interest, reported this month by Mike Smith, are: important dates for your diaries in April; changes to the specific public sector equality duty; the proposals for public sector pension reform; and avoiding possible ‘double payment’ of maternity pay. We also report on the immediate withdrawal of the local authority Two-tier Code and the publication of the Bribery Act guidance.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been issued in the past three months.
When is an employer entitled to treat an unappealed final written warning as final? Sarah Michael looks at a recent decision of the Employment Appeal Tribunal which provides important practical guidance on how employers should deal with warnings, prior to dismissal.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in March 2011.
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 25 March 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The European Commission has issued a Green Paper (which can be viewed here) seeking views on the way in which the current EU procurement rules could be revised. Key themes include exploring ways to reduce the current complexities of the procurement rules, increasing cross border trade, achieving environmental and social policy objectives through procurement and improving access for SMEs to public contracts.
To date mental health tribunal hearings in England have been held in private. Claire Bentley and Simon Lindsay report on the landmark decision allowing a mental health patient to have a public hearing of his application for discharge from hospital with members of the press and the public present.
Management teams in councils up and down the land will remember the discussions that took place a couple of years ago, on the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. Whereas previously, proof was needed that a “directing mind” of an organisation was personally guilty of manslaughter, now an organisation would be guilty of an offence if its activities are managed in way that causes a person’s death and amounts to a gross breach of a relevant duty of care. By focusing more on senior management actions (rather than those who lead the business) the Act ultimately makes it easier to prosecute organisations.
In a speech to the CBI, Communities Secretary, Eric Pickles has announced that the local authority two-tier code, ‘the Code of Practice on Workforce Matters in Local Authority Service Contracts’ (‘the Code’) is to be withdrawn. This development was widely anticipated following the withdrawal of the general public sector two-tier code last December. The withdrawal of the Code will have a major impact on local authority employers, but will also affect other public and private sector organisations involved in joint working arrangements with local authorities.
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 11 March 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
Whenever your organisation puts together a new report, training DVD, glossy brochure or a website, the artistic, written and music components of that work will be protected by copyright. In the UK, copyright protection arises automatically so there’s no need for a formal registration process. It’s a valuable right because the law allows the owner of the work to generate income from it by licensing the work to others as well as preventing others from copying it.
In this article, Ed Duckworth reviews a recent development on quantum, and why awards for loss of earnings can now be much higher than you might expect. Whilst this may seem a little bit dull, the figures at the end make it worthwhile reading about!
Ed Duckworth reviews recent claims cases.
Clinical negligence claims concerning delays in diagnosing compartment syndrome have a reputation for being difficult to defend. In this article Jonathan Fuggle explores some of the difficulties faced by clinicians.
Court applications relating to service of proceedings are a regular feature of the Court diary and the last few months have proved to be no exception. In this article I have highlighted three recent cases; one addressing a failure to serve the Particulars of Claim and the other two consider the consequences of failure to serve the Claim Form. The cases raise points to consider when a Claim Form lands on your desk …..or not!
Following on from the commitment made in the Spending Review 2010 and the recommendations of Lord Hutton in the interim report from the Independent Public Service Pensions Commissions (IPSPC), the government has today announced a consultation on the future of the Fair Deal pension policy.
Courts Clarify who is the Responsible Authority for the Purposes of s.117 Aftercare under the Mental Health Act 1983.
On 15 February 2011, the Court of Appeal provided clarity as to who the responsible authorities are for the purpose of s.117 aftercare under the Mental Health Act 1983 (the "Act") in the case of R (on the application of Hertfordshire County Council) v London Borough of Hammersmith & Fulham and JM [2011] EWCA Civ 77.
The default retirement age (DRA) is due to be abolished next month. The government has today published new regulations on the transitional arrangements for the repeal of the DRA which dramatically change the previous transitional arrangements.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in February 2011.
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 25 February 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
A recent amendment to the Copyright, Designs and Patents Act 1988 means that not-for-profit organisations, including charities, local and central government, NHS Trusts, voluntary organisations and social enterprises, are now obliged to pay a licence fee for the performance of sound recordings in public
Chloe Edwards provides a summary of employment law news, including information on employment tribunal reform, Trevor Phillips’ ‘Really Bad Guys’, and the latest on the Bribery Act and a new Acas discussion paper on the future of employee relations.
Francis Bacon said that “knowledge is power”, but if an employer delegates the power to dismiss to a manager, to what extent is that manager deemed to have knowledge of all the relevant facts? Accordingly to the Court of Appeal, a manager undertaking a dismissal is not deemed to know everything that is known to the employer generally, or all its employees.
John Moore reports.
In these times of austerity, many public bodies are making very difficult decisions which impact on staff and service users. The increased level of awareness and scrutiny of these decisions, coupled with the prevalence of social networking sites and online forums, means that public bodies are fighting a daily battle against critical comments posted online, some of which stray into the realms of libel. Here are the most common questions we receive from our public sector clients about this issue, together with our answers.
The default retirement age is being pensioned off this year and employers have not been given much time to prepare.
Nicola Stibbs answers ten frequently asked questions about the repeal of the default retirement age, which is being phased out from April.
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 11 February 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
The legal challenge by six local authorities over the decision to stop funding for the renewal of some of its schools has succeeded.
Over 1 million needlestick injuries are estimated to occur in the EU each year. These injuries are gaining increasing recognition as a major hazard on the health and safety horizon. They are the most frequent occupational hazard for nurses, doctors and other healthcare workers (1), and have the potential to have devastating consequences. In addition, needlestick injuries are estimated to cost each NHS Trust around £500,000 per year (2).
On 2 January 2011 the Ministry of Justice announced that there were 58 apparently self inflicted deaths among prisoners in England and Wales in 2010, but what do the statistics really tell us about mental health in prison?
Judicial Review (JR) is a public law proceeding where the High Court is required to consider the legality of a decision or action of a public body. It can only be brought by a person or organisation that has sufficient interest in the decision which has been taken.
The Supreme Court has overturned the Court of Appeal’s decision in the LAML case on the application of the procurement rules to local authorities’ mutual insurance arrangements. In this article, we look at the implications of the decision for local authorities that are contemplating setting up new entities to share the delivery of services.
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 and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in January 2011.
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 28 January 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
This year is set to be as helter skelter as ever in terms of employment law developments. Sarah Lamont dusts off her crystal ball and looks at what may come to pass in 2011, in respect of new legislation, guidance and cases on appeal.
It’s been another busy month for employment law developments. Chloe Edwards reports on the repeal of the default retirement age; a recent age discrimination claim against the BBC; and the new public sector duty to promote equality, which the government has confirmed will come into force in April.
Is it possible to dismiss an employee who lodges repeated false grievances complaining of discrimination, without being found liable for unlawfully ‘victimising’ that employee? The Employment Appeal Tribunal has said that, in some circumstances, it may be legitimate to do so. Sarah Michael explains more.
This article provides an initial overview of the key provisions in the new Health and Social Care Bill, focusing on areas where the proposed legislative framework differs from the plans originally outlined in the NHS White Paper.
Simon Lindsay reports on an important decision in the case of TTM –v- LB Hackney (2011) EWCA Civ 4, which causes pause for thought for any mental health professional involved in detaining patients under the Mental Health Act. The Court of Appeal considered whether an intrinsic defect in an application (whether or not the defect was made in good faith or not) meant that the patient was unlawfully detained from the moment the hospital managers exercised their powers or from when a court ordered the patient’s release.
Case: Octavia Hill Housing Trust v Terri Brumby (2010) EWHC 1793 (QB)
Ms Brumby (Claimant), an assured tenant of Octavia Hill Housing Trust (Defendant) lives in a block of flats, her flat was on the ground floor. Entry to the flats is on the ground floor, above the claimant’s level, through a single communal door giving way to a communal hall and stairwell. In the same block in flat 14 on top the top floor lived a Ms Walker.
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 four weeks up to 14 January 2011. Items are set out by subject, with a link to where the full document can be found on the internet.
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 and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in December 2010.
Two key recent decisions have looked at the question of the reasonableness of adjustments required for disabled employees: whether costly adjustments for a blind employee were reasonable; and whether it is a reasonable adjustment to allow a police officer suffering from depression to be reinstated following her resignation. Julian Hoskins reports.
Alec Bennett provides a special bulletin on the sudden (if not unexpected) withdrawal of the public sector version of the ‘two-tier code’, plus we detail this year’s annual payment increases and provide an update on employment equalities developments.
You could be forgiven for wondering why the new Bribery Act 2010 is something which should be on HR managers’ radars – after all, what has HR got to do with the murky waters of an old-fashioned sounding criminal offence? Quite a lot is the answer. Bribery will have a wider definition than you might think, and HR will have an important role in implementing anti-bribery measures. These are key to establishing a defence to the ‘corporate offence’ in the Act. Additionally, as ever, employment policies, procedures and contractual documentation are likely to need amending. David Widdowson explains more.
In this article, Ceri Catton examines the General Medical Council’s (GMC) power of disclosure and provides practical tips if you are presented with a request for documents by the GMC.
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 17 December 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
Damages for successful Claimants in serious personal injury and clinical negligence cases could soon be dramatically increased, following confirmation from the Lord Chancellor, Ken Clarke, that he would reconsider the level of the discount rate in claims for personal injury compensation.
The release of Sir Rupert Jackson’s Final Report on civil litigation costs earlier this year led to a flurry of articles speculating on the likely implications of his recommendations. The Government has now (15 November 2010) published its Consultation Paper seeking views on the key recommendation that CFA success fees and ATE insurance premiums should no longer be recoverable from the losing party.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been issued in the past four months.
The long-awaited Localism Bill has finally been introduced into Parliament. The Bill aims to free local authorities from central government controls and give local people the freedom to run their lives and neighbourhoods in their own way - but in some areas the Bill makes it clear that their way must be the Pickles way.
In this article, Peter Keith-Lucas and Bethan Evans look at the key measures contained in the Bill’s 207 clauses and 24 schedules.
Adverse public comment about local authority actions is common, but occasionally strays into criticism of individual officers or employees. Such criticism can be damaging for the individual concerned. The Derbyshire principle has previously established that a public authority cannot sue for defamation, although if the reputation of an individual officer is impaired by a publication attacking the activities of the authority, that individual can bring a claim for defamation. It has now been clarified that there is no limitation to an individual officer’s right to sue provided the comments refer to and defame the individual.
In November 2010, the Information Commissioner handed down the first monetary penalty under the Data Protection Act 1998 (DPA). In doing so, the Information Commissioner's Office (ICO) has given a very clear signal to all public authorities in relation to the priority that must be given to data security.
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 local government work, which have been published in the two weeks up to 3 December 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
In handing down the first monetary penalty under the Data Protection Act 1998 (DPA) , the Information Commissioner's Office (ICO) has this week given a very clear signal to all public authorities in relation to the priority that must be given to data security.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in November 2010.
As age discrimination legislation beds in, case law on how it applies continues to filter through. This month, the Employment Appeal Tribunal has looked at whether cost alone is a sufficient reason to justify an ‘ageist’ dismissal; and whether a retirement procedure must be undertaken genuinely or is just a ‘tick box’ exercise. Joanna Smart reports.
As Christmas approaches, Alastair Currie takes a look at what gifts are under the Employment law tree for Employers this month: two plum puddings in the form of two proposals to reduce the employment law burden on employers; a tribunal decision on the Acas Code and SOSR dismissals; the validity (or otherwise) of Compromise Agreements under the Equality Act; and finally…how not to earn extra cash for Christmas.
Sarah Lamont reports on a decision which causes for pause for thought for any organisation which has in place arrangements for employees to be ‘hosted’ by a third party on a long term basis – for example, long term secondees or agency workers. It is possible that such ‘non contractual employees’ are now covered by the Directive from which TUPE is derived and, although set in a group company context, this case may have a wider application.
Please find a link to the latest edition of Authority View. This regular publication takes a more in-depth look at recent legal developments affecting local authorities.
Key topics in this edition include:
- Efficiency savings through contract review
- Funding regeneration through LABVs
- Library authorities: How can they meet the challenge of the brave new world?
- Mayor or Leader - local choice or central command?
- Mesothelioma claims - an insurance 'black hole' for local authorities
Please click here to view the publication in full.
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 19 November 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
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 5 November 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
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 number of asbestos-related compensation claims being made in the UK is continuing to rise. Many local authorities are now receiving claims from teachers and pupils which relate to asbestos exposure at schools, as well as claims from maintenance workers who actually worked with asbestos. In this article,
Adrian Neale looks at the implications for local authorities of a recent decision on insurance cover for mesothelioma claims.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in October 2010.
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.
The default retirement age is being put out to pasture next October and, once it goes, employers will have to objectively justify compulsory retirement ages. A recent decision of the European Court of Justice has provided some help with the question of how courts and tribunals might approach the thorny issue of what ‘justification’ may mean. Sarah Lamont reports.
The nights are drawing in, there’s a distinct cold snap in the air and the school run traffic jams have started again; but there are good things about October too: stamping on crunchy leaves, games of conkers and the Bevan Brittan October employment law news updater, provided this month by
John Moore.
Much ink has been spilt over the progress of the Equality Act 2010 – there has been seemingly endless speculation on the progress of the Act and what its final form might mean for HR. To take stock of where we have got to with the Act,
David Widdowson focuses on which provisions now apply, what is still on hold, and what action you should be taking now. A full Bevan Brittan briefing note on the contents of the Act is also available by
emailing here.
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 22 October 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
Having handled claims arising out of obstetric alleged negligence for almost 10 years, I felt that I had a pretty good idea of what went on in a maternity unit. When we were therefore approached by one of our local Trusts and asked as to whether or not spending some time shadowing their consultants would be of interest, I was polite but slightly sceptical.
Nicola Pegg reviews recent clinical negligence case updates.
The obligations that Article 2 of the European Convention on Human Rights (ECHR) places on NHS Trusts has been considered by the courts in two recent cases, Savage v South Essex Partnership NHS Foundation Trust and Rabone v Pennine Care NHS Trust.
In this month's edition we highlight the following items of interest:
- Bribery Act 2010: Ministry of Justice consultation on draft guidance
- Liquidated damages: High Court holds that a "commercially justifiable" clause was not a penalty and was enforceable
- Revisions to the Technology and Construction Court Guide
- Electronic disclosure of documents in litigation - new Practice Direction
- Consolidated Building Regulations to come into force on 1 October
- New agreement to improve health and safety on construction sites
- International Chamber of Commerce issues revised Incoterms
When preparing a statement for the Coroner, Mr A raised a concern that, although the cause of death of Mrs X was clostridium difficile, a review of her notes demonstrated that there may have been a missed opportunity to diagnose cancer. This was many months previously, but it was arguable that the delay in diagnosis had led to more extensive surgery with increased chances of infection (which had materialised), leading to antibiotics and ultimately c.diff.
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 8 October 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
The Ministry of Justice has published, on 23 September 2010, its third summary of the reports by Coroners to it under Rule 43 of the Coroner’s Rules 1984 and the responses to those reports by the reported organisations. It bears thorough reading as it makes clear the trends in reporting by coroners and the issues requiring such reports.
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 Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in September 2010.
Sarah Michael looks at the duty to make reasonable adjustments for disabled employees and job applicants. How should adjustments be assessed, following recent guidance from the EAT? How will the requirement to make adjustments change following the introduction of the Equality Act 2010? In particular, how should employers deal with their obligation to make adjustments during the recruitment process, given the new prohibition on asking prospective employees about their health?
At the recent TUC Congress, union delegates backed joint industrial action if "attacks" on jobs, pensions and public services go ahead “to support and co-ordinate campaigning and joint union industrial action, nationally and locally, in opposition to attacks on jobs, pensions, pay or public services".
Tim Woodward takes a look at some of the key provisions of the Equality Act coming into force in October; annual statistics for the EAT; the EAT and reasonable adjustment and lastly Acas and TUC have published a guide on mediation.
The long awaited decision of the ECJ in the Akzo Nobel case has been handed down, and to no-one’s great surprise, the Court has held that legal advice privilege will not apply to communications between in-house lawyers and their internal clients, at least in the context of competition investigations by the Commission.
This update is relevant to anyone with an interest in the field of insurance or financial services.
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 24 September 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
The Health White Paper makes a commitment to move to a new system of control based on economic and quality regulation, and commissioning and payment by results, instead of national and regional management. At the same time, the Government has indicated a clear intention to significantly reduce the overall burden of regulation in both the health and social care sectors. Neil Grant examines the proposed regulatory changes, looking at the key objectives behind the reforms, how the new regulatory landscape will look and operate, and when the changes will come into effect.
The High Court gave judgment this week in the long-running feud between Highcross, the owner of the prestigious Toronto Square development in Leeds, and neighbouring landowner Marcus Heaney. In a decision that is likely to cause nervousness amongst property developers, an injunction has been granted compelling Highcross to cut back part of its new scheme, despite the fact that it is completed and part of the affected area is already let to a tenant.
Click here to view the article (pdf)
The Social Partnership Forum (which comprises the Department of Health, NHS Employers and NHS Trade Union) published, on 2 September, a nationally applicable Mutually Agreed Resignation Scheme (MARS). The purpose is to assist Trusts in cost and workforce reduction, service redesign and efficiency needs. The scheme will allow employees to agree with their employer to leave Trust employment on specified terms.
We have prepared a briefing note which considers how in practice this will work and the options available.
Click here to view.
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 10 September 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
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.
The Health White Paper is introducing radical changes in commissioning both in the creation of new commissioning bodies and how commissioning is to be carried out. In this article,
John Chapman looks at three fundamental questions that are relevant to both commissioners and providers
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in August 2010.
New legislation
allows local authorities in England and Wales to sell electricity generated from renewable, as well as combined heat and power, sources. In this article, David Hunter discusses how this has created an opportunity for local authorities to do something more constructive to tackle both the spending cuts and the low carbon agenda, and highlights practical options for renewable energy projects.
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 27 August 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
On 12 July 2010 the Government issued its White Paper "Equity and excellence: Liberating the NHS" which states that all NHS trusts
will become or become part of a Foundation Trust within the next 3 years.
The Revisions to the NHS Operating Framework 2010/11 published by the Department of Health on 21 June 2010 confirm the new Government's intention to progress the Transforming Community Services Agenda and cement the timeframe which has to be met.
Anne Palmer summarises this month's announcement from Business Innovation and Skills (BIS) regarding the proposed abolishment of the default retirement age by October 2011.
Julian Hoskins examines the options for employers regarding legal representation at internal dismissal cases.
John Moore reports on an employment tribunal decision on holiday pay during long term sick leave (a Stringer loophole?); the possible scrapping of the ‘two tier code’; the latest on the Equality Act 2010 and provides an update on regulations that are now under review.
The far reaching changes proposed by the Health White Paper will have major implications for workforce management. Although the publication is short on detail, the changes that are being proposed clearly contemplate savings in manpower – but precisely how these are to be achieved remains to be seen. This article looks at five areas that will be of particular interest to HR teams.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work that have been issued in the past four moonths.
In this edition we highlight the following recent developments of interest:
- Extensions of time: causation, concurrent delay events and critical path analysis
- "Best endeavours", "reasonable endeavours" and "all reasonable but commercially prudent endeavours" - is there a difference?
- Adjudicator bias?
- Retention of title clause ineffective where contract allowed "revolving stock" sales
- Procure 21+ finally launched
- Failure to finalise contract terms resulted in unlimited liability.
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 13 August 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
This article clarifies the meaning of section 117 and the scope of the aftercare services which authorities must provide.
Laura Forsyth examines the first report on data relating to the Metal Capacity Act 2005.
The NHS White Paper "Liberating the NHS" has confirmed the Government's proposal for commissioning to be devolved to GP commissioning consortia, and the follow-up consultation paper "Commissioning for Patients" has fleshed out some of the detail of the proposals and identified areas for consultation. In this note we look at the proposals and some of the implications for the development of GP commissioning consortia.
Rebecca White reviews the latest case roundup.
Susan Bradford examines tort law in the applications of criminal negligance claims.
Catherine Radford explores the ramifications of applying Res Ipsal Loquitur (or the matter speaks for itself) when assessing injury claims.
Jackie Linehan examines the Human Tissue Authority's (HTA) new Post Mortem report on compliance.
The Department of Health announced the launch for the new ProCure21+ framework on 3 August 2010. It replaces the existing ProCure21 framework, which comes to an end in September, commencing 1 October 2010.
The publication of the Health White Paper “Equity and excellence – liberating the NHS” on 12 July 2010 has clearly set the direction of travel for the Coalition Government’s health reforms. This article provides an initial assessment of its proposals. It will be followed by a series of alerts, identifying the key legal issues as they crystallise.
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 local government work, which have been published in the two weeks up to 30 July 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in July 2010.
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 Appeal's 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.
In this article
Hannah Taylor explores the Liverpool Care Pathway ("The LCP") refining the core principles surrounding end of life care.
Continuing her series of articles on Patient Safety,
Joanna Lloyd summarises the findings of the NHS Inpatient Survey 2009 from results published by CQC on 19th May 2010.
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 local government work, which have been published in the two weeks up to 2 July 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
Joanna Lloyd looks at our regular round-up of cases.
Julian Hoskins exaimes the Court of Appeal's decision to allow claims for general losses to be made in cases of breach of procedure.
Alastair Currie provides a round-up of the latest developments in employment law news, including an update on the implementation of the Equality Act and the employment aspects of the 2010 Budget.
Nadia Persaud examines the decision of the Court of Appeal in the case of Rabone v the Pennine Care Trust. The Court has provided some helpful guidance in relation to the application of Article 2 to patients who are not detained under the Mental Health Act. As well as helpful guidance on claims for breach of Article 2, the case will have a significant impact upon healthcare inquests.
David Widdowson explains the options available to employees when summer tensions may result in tensions in employee relations.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
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 18 June 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
This update is relevant to anyone with an interest in the field of insurance or financial services.
In this month's digest we highlight the following developments of interest:
- Contract formation: "Subject to contract" and contractual intention
- Credit crunch causes loss of profits claim to fail
- Main contractor liable for subcontractor's failure to put in place and implement safe systems
- Inadequate warning did not oust the warranty of fitness for purpose
- Quantifying whole life carbon dioxide emissions of buildings
- Severability and enforcement of adjudicators' decisions
- Arbitration: Will an application for an extension of time for service of a defence in court proceedings amount to a "step in the proceedings"?
This article focuses on the application of the Definitive Guideline in cases concerning health and safety offences causing death (not on Corporate Manslaughter Act offences) and, in particular, those concerning public bodies.
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 legislation that applies to NHS funding of treatment abroad has brought in changes affecting treatments from 23 August 2010; this article outlines what the changes mean for health care commissioners, including new duties on PCTs to supply information about treatment funding to patients.
In this article Annette parker explores the legalities and complexities of forced marriage and explains how it differs from arranged marriage.
In this article Laura Forsyth examines Section 131A of the Mental Health Act 1983 which came into force on 1 April 2010.
In this article Deborah Jeremiah explains the statutory obligations and responsibilities of Primary Care Trusts, NHS Trusts and NHS Foundation Trusts in relation to safeguarding children.
Jane Bennett and Tracey Lucas explain the increasing demand on Trusts to disclose records for the purpose of prosecuting or defending criminal cases.
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 local government work, which have been published in the two weeks up to 4 June 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
"If we are to succeed in improving the health service, we must also improve the public health of the nation. We must promote good health, stronger locally-owned public health strategies and effective screening and prevention of disease."
Andrew Lansley, 13 May 2010.
All employers, particularly those in the public sector, will be contemplating ways in which they may reduce costs as the nation’s finances are squeezed over the coming months and years
, and salary sacrifice arrangements can shave thousands off an employer’s tax bill
, while being a tax efficient way of staff receiving benefits.
Christine Johnston sets out the pros and cons of such schemes, and highlights the pensions issues of which employers should be aware.
Chloe Edwards looks at this month’s developments in employment law news: holiday pay and sick leave (Stringer is applied!), new Acas and HSE guidance, the tax status of retail vouchers and an update on two important discrimination cases. Plus, what will the new Conservative-Liberal Democrat coalition mean for employment law...?
When Marks & Spencer employee, Tony Goode, complained that the company’s proposed changes to its redundancy scheme were ‘disgusting’, and then leaked details of the proposals to The Times, was he simply a disgruntled employee airing his views – or a legally protected ‘whistleblower’?
Sarah Michael explains why the Employment Appeal Tribunal decided that Mr Goode was the former rather than the latter.
The condition known as ‘World Cup Fever’ is easy to diagnose: symptoms are likely to appear around the second week in June, resulting in a swift and intense aversion to work-related exertion. The good news is that this condition is seasonal and short-term: it will resolve itself, with little intervention, by mid-July.
Tim Woodward looks at what you can do to minimise any disruption over the summer caused by the World Cup, and how you may even turn it into a positive advantage.
The new vision for social care set out in ‘Putting People First’ has been centre stage for some time now but around the country councils are at very different stages of progress.
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 25 May 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
Despite the change in government, there are no plans to halt the provisions of the Carbon Reduction Commitment (CRC) scheme. This is a new, legally binding emissions trading scheme which applies to large businesses and public sector bodies from April 2010. The CRC aims to reduce carbon emissions by requiring organisations to purchase allowances to match the amount of CO2 that they produce in a given year.
The “PDS Plus” is the latest addition to the standard NHS primary dental services contracts, and is the model contract to be used by PCTs in their Dental Access Procurements. Our alert sets out a number of issues that PCTs should consider in relation to this, from our experience of advising on the PDS Plus.
The problems at a number of polling stations at the end of election day on Thursday (which led to some voters not being able to vote) have been widely reported and are now the subject of review and scrutiny.
In this briefing we look at what impact this could have, in relation to both general and local elections, and what Local Authorities can be doing now to respond to this.
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 four weeks up to 7 May 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
In
Yuanda (UK) Co Ltd v W W Gear Construction Ltd [2010] EWHC 720 (TCC), the Technology and Construction Court ("TCC") made important decisions on whether multi-party joinder was possible in adjudication proceedings and on "Tolent" costs clauses.
In this month's digest we highlight the following developments of interest:
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.
The Third Parties (Rights Against Insurers) Act 2010 ("the Act") has received Royal Assent. The Act makes changes to the Third Parties (Rights Against Insurers) Act 1930 ("the 1930 Act"). A commencement date has yet to be fixed. In this article we summarise the 1930 Act and the changes made to it. The changes are designed for the most part to make it easier for a third party to claim directly against the liability insurers of an insolvent insured.
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.
Monitor has recently issued a detailed guidance for the Dry-Run of External Assurance on Quality Reports. The guidance sets out the requirements of Foundation Trusts and their Auditors, and gives details of the criteria that Monitor require Foundation Trusts to be judged against.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
This update is relevant to anyone interested in recent developments in the dispute resolution field.
Marie-Claire Boyle sets out the latest employment law related news.
In Mezey v South West London and St George’s Mental Health NHS Trust, the Court of Appeal has confirmed, for the first time, that an employee may use an injunction to stop an employer from pursuing a disciplinary procedure. Julian Hoskins examines the detail and sets out the impact of this decision.
A recent survey has highlighted the fact that many contractors who take on outsourced local authority services are unaware of some of the key concerns on pension costs.
Christine Johnston examines the issues.
There are absolutely no prizes for guessing what is happening in politics on 6 May this year. But what are each of the main parties promising in terms of employment law, should they win the election? Raj Basi assesses the key policies that impact on employment law.
In our last edition of Housing Landscape we considered some of the practical effects on social housing providers following the recent cases of Kay v Lambeth, Weaver and Doherty in view of the likelihood that public law defences were likely to be increasingly relied on by tenants in housing disputes.
This article examines the decision of the Court of Appeal in Barber v Croydon LBC on 11 February 2010 - a case in point.
In this article Ken Mortimer examines the ancient law of Chancel Repair Liability and how it affects properties today.
On 1 April a new TSA Regulatory regime came into force following a year of consultation. The TSA finally published its New Regulatory Framework document on 16 March 2010.
Have housing associations given up on demotion tenancies and if so why? Rebecca Cobb looks at the differences between a demoted tenancy and a suspended possession order and considers why demotions seem to have fallen by the wayside.
On 6 April 2010, the earliest age at which a member of a UK registered pension scheme can ordinarily draw his or her pension will increase from 50 to 55.
As the weather improves, unlawful squatting on private land typically becomes more of a problem for landowners, their agents and local authorities. Here we summarise the options available to a landowner to remove trespassers from land and advise on how to do so as cheaply and quickly as possible.
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.
The Department of Health has recently undertaken a review of the current arrangements for general practice out of hours ("OOH") services, and published the findings of its review in January 2010 (the "Review"). The Review makes a number of recommendations to PCTs as both commissioners and providers of OOH services.
SITA has lost its battle against Greater Manchester Waste Disposal Authority (GMWDA) after the High Court ruled on 29 March 2010 that its claim was out of time. The decision is important because it demonstrates the speed within which a bidder must bring a court challenge even when it does not know for sure that there has been a breach.
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 9 April 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 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.
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 Secretary of State has issued Directions to PCTs which require PCTs to review and implement a range of procedures in relation to the management of Medical, Dental and Ophthalmic Performers Lists.
The Directions require PCTs to undertake a series of reviews by 1 July 2010, to implement the relevant procedures at the earliest opportunity, but no later than 31 March 2011, and to continually undertake reviews moving forward.
To assist PCTs, we have produced a short guide to the Directions explaining what PCTs need to do now and over the next 12 months.
The Courts and Tribunals have been busy in recent weeks, finessing the law in relation to harassment, and employers will be pleased to hear that they have been taking a robust approach. Sarah Lamont sets out the latest developments, and looks at how the Equality Bill is likely to change the law relating to harassment.
Alastair Currie reports on the latest developments in employment law news.
Flexible retirement was introduced to provide a practical option for employees who wished to draw down some, or all, of their pension and continue working. But, the waters were muddied when the Age Discrimination Regulations came into force and created some uncertainty about how death and pension benefits should be handled for such employees. Pension trustees and administrators are also currently faced with uncertainty over how to proceed in the light of the controversy over the default retirement age. Christine Johnston takes a look at the issues.
If an employer learns of a serious allegation against an employee which, if it came to light, could put the employer in an untenable position, what action is the employer entitled to take? Can disciplinary proceedings start on the basis of the available information and, if they can, what would be the ‘fair reason’ for any resulting dismissal?
In other words, if you can see the smoke, do you need to establish that there definitely is a fire? Sarah Michael examines a recent decision which sets out how an employer should proceed in these circumstances.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
It was always unlikely that last week’s Budget was going to deliver any significant new initiatives. For local government and its wider public sector partners, the publication of the Total Place report, just 24 hours later, was always likely to be the more significant announcement.
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 26 March 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
Monitor has issued a new Code of Governance ("Code") for NHS Foundation Trusts which comes into force on 1 April 2010.
The new Code makes some significant changes to the 2006 Code of Governance previously in force. It's important that Foundation Trusts are aware of the revisions to the Code and how this may impact upon their current internal governance arrangements and documentation. Although not mandatory guidance, the Code is considered best practice and good reasons will be required for any departure from it.
From April 1 2010 the Department of Health will be rolling out amendments to the current PMS Agreement Regulations enabling PCTs to terminate PMS Contracts on six months notice. In this article we look at the reasons for the change and the implications for PCTs.
In this article Vincent Buscemi looks at the GMC’s proposed new process of professional regulation for practitioners.
The new regulatory regime for social housing will come into effect on 1 April 2010.
This article looks at how the single regulator, the Tenant Services Authority (TSA) wil roll out the new standards and the impact of the new code of conduct on registered providers.
This article examines Monitor’s proposed guidance regarding the de-authorisation powers introduced in the (not yet imposed) Health Act 2009. It covers the criteria and consultation Monitor must consider when assessing the compliance of NHS Foundation Trusts.
The European Remedies Directive came into place in December 2007 and was implemented into UK law in December 2009. This article focuses on the key changes the latest regulations make and how they will affect procurement litigation.
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 prior to 12 March 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
Following a recent ruling of the High Court, Monitor has updated the NHS Foundation Trust Financial Reporting Manual and published revised guidance (“the Guidance”) on the private patient income cap (“PPI Cap”). This article highlights the key features of the guidance and advises on the actions that Foundation Trusts will need to consider to ensure they conform to the PPI cap.
The case of
Coombes v Waltham Forest LBC considers whether public law defences can be raised in a possession claim in the county court.
This update is relevant to anyone with an interest in the field of insurance or financial services.
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.
This Update prepared by
Claire Bentley 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.
Joanna Lloyd looks at recent arguments on openness and the proposals for a legal Duty of Candour.
Our round up of recent cases by Yasmin Allan including ‘door of court’ settlement advice, expert witness immunity and injuries suffered during sporting activities.
Catherine Radford explores the relationship between patient responsibility and contributory negligence.
This update is relevant to anyone interested in recent developments in the dispute resolution field.
The Government will not be reinstating compensation for Pleural Plaques. They have stated, however, that claimants with ongoing cases will receive one-off payments. Adrian Neale discusses the implications of the decision.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
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 26 February 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
In March 2009 we reported on a case where the Employment Appeal Tribunal allowed the transferral of benefits for employees who had moved from a public to a private sector environment,
The Court of Appeal has now reversed the EAT’s decision, in this article Sarah Lamont explains more…
In this article, Christine Johnson explains the vagaries of interpretation behind ‘employment cessation events’ and ‘employer debts’ that the recent Cemex case has thrown into a further state of confusion. Read more…
Mike Smith reports on the latest developments in employment law news.
Last year saw the promulgation of a number of decisions, from the European Court of Justice down, on the much vexed issue of the right to take statutory holiday. The beginning of 2010 has seen the saga continue with yet another decision on this topic, this time dealing with the issue of the notice requirements a worker has to observe in order to exercise their right to take statutory holiday. Alec Bennett explains more...
The Equality Bill was published by the Government on 27 April 2009. It is hoped that once it becomes law, the Bill will “… make Britain stronger, fairer and more equal.” John Moore explains more...
The Department of Health have re-imposed a hard deadline of 31 March 2010 regarding the national standards for provider reform which PCTs are required to agree with SHAs in respect of their proposals for the future of their provider arms.
The decision of the Court of Appeal in Barber v Croydon LBC case on 11 February 2010 confirms the trend for public law and reasonableness defences to be relied on by tenants in housing disputes. Although it involved a local housing authority it is likely to be relied on in future cases involving Registered Providers as well.
The Department of Health has issued interim guidance to PCTs in England on the language testing of overseas doctors. The guidance is intended to assist PCTs in deciding whether a doctor has sufficient knowledge of English to perform primary medical services in the PCT’s area, and therefore to be included on the PCT’s Performers List.
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 12 February 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
In this article we look at the issues surrounding the Department of Health's decision to implement a national standards system prioritising local patient needs above legislature.
From 1st April 2010 all providers of assessment or medical treatment for persons detained under the Act will need to be registered with the The Care Quality Commission ("the Commission") who is the new regulator for health and adult social care services.
Tracey Lucas looks at the resultant factors from the implementation of the Health Act 2009.
This article highlights the new published guidance and increased penalties incurred for breaches of the Data protection Act (“DPA”).
This article sets out the impact of the Human Rights Acts 1998 on worldwide health services. It looks at the evidential consequences since the act was first established.
This update is relevant to anyone interested in recent developments in the dispute resolution field.
In this, the last of our seven alerts covering workstreams arising from the Operational Efficiency programme, we concentrate on outsourcing and joint ventures.
The funding of occupational pensions schemes is likely to be a major issue affecting employers and scheme trustees during the course of 2010 with the anticipated slow recovery from the recession. Final salary pension schemes will continue to close and will, no doubt,be replaced by the less financially risky and easier to administer group personal pension plans.
Lord Justice Jackson produced the final report into his review of civil litigation costs on the 14 January 2010. This contains a broad range of proposals for reform.
The main recommendations of the report focus on personal injury cases but much of what is proposed will apply to, and could affect, all insurers.
Social Landlords are under increasing pressure to deal with unoccupied property promptly and one of the difficult issues they face is if and when they can treat a property as abandoned.
This Update prepared by
Claire Bentley 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 European Remedies Directive has now been implemented into UK law. There is much talk of the new remedy of “ineffectiveness” and the automatic injunction. How will this change the face of procurement litigation?
The Carbon Reduction Commitment (CRC) is a new Government backed mandatory emissions trading scheme for the United Kingdom which commences in April 2010 and is aiming to deliver significant emissions reductions in relation to carbon dioxide levels by 2020.
If you purchase electricity through half hourly meters (HHM) you will need to register for the scheme and your electricity usage will dictate the extent you participate in the scheme - full participation in the CRC will be potentially onerous to those not already aware of the scheme.
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.
This Alert contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in January 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
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 29 January 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
This Legal Update contains brief details of cases and other developments of interest which have been published in the last month.
If you require any further information about any of the items mentioned, or if you have been forwarded this update by a colleague and would like to receive it direct, please contact David Kirkpatrick , Associate Solicitor and Professional Support Lawyer for the Construction & Engineering Department.
Goldacre v. Nortel - welcome clarity on when administrators must pay rent for use of premises
The recent High Court case of Goldacre v. Nortel has helped to clarify the thorny issue of when a landlord can require the administrators of a company to pay rent for leasehold premises they use for the benefit of the administration.
In his article, Matthew Trinder looks at 10 of the most relevant highlights from the Jackson Report published on 14 January 2010.
The term “shared services” is increasingly being used in the context of local authorities and health bodies to refer to collaboration between different autonomous public sector organisations which is designed to improve efficiency/reduce costs/fight off enforced restructuring. It is also often used in the context of public sector bodies collaborating with each other in order to procure a private sector partner for the provision of some services through outsourcing or the delivery of asset schemes. Regardless of the context used, the pressure on public authorities to collaborate is increasing. The need to find further efficiency savings will inevitably force organisations to look again at the opportunities to deliver services more effectively.
The Family Health Services Appeals Authority was abolished on 18 January 2010 and its functions transferred to the Health, Education and Social Care (HESC) Chamber of the First-tier Tribunal. This Update informs PCTs of the transitional arrangements for cases that are pending on the date of transfer and for new cases after that date, and advises them on the practical steps that they should take.
The House of Commons Environment, Food & Rural Affairs Committee has published a report that is highly critical of the Government's Waste Strategy and DEFRA’s support for waste authorities. The Committee condemns DEFRA for focusing disproportionately on domestic waste, which contributes less than 10 per cent of all waste, while omitting firm targets for the commercial and industrial sectors which produce around a quarter of all waste. It comments that vague ambitions and rhetoric must be replaced urgently with firm action plans.
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.
In December 2009 the Department of Communities and Local Government (“CLG”) issued new Guidance entitled the “Admitted body status provisions in the Local Government Pension Scheme (“LGPS”) where services are transferred from a local authority or other scheme employer” (“the Guidance”) to a private sector contractor. Christine Johnston explains more.
Marie- Claire Boyle reports on the latest employment news.
Plans have been published outlining the future of the NHS in the short to medium term. Jodie Sinclair explains more about these key issues.
The EAT has confirmed that an employee can be employed in two jobs with two different employers simultaneously, so long as the jobs are compatible with each other. Anne Palmer explains more.
The recent case of Unison v Somerset County Council (1) Taunton Deane Borough Council (2) and South West One Ltd (3) has provided some much needed guidance as to who is an “affected employee” for the purposes of a TUPE transfer. Sarah Lamont explains more.
In this latest article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider opportunities for income generation. Whilst efficiency savings are achievable through a range of difficult and potentially unpalatable methods, income generation is achievable by identifying additional areas where charges can be imposed or increased or through outright trading.
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 first two weeks of 2010. Items are set out by subject, with a link to where the full document can be found on the internet.
This update contains brief details of recent news, legislation, cases and other developments relevant to those involved in procurement work.
This month we look at the following cases:
Fitzroy Robinson Limited v Mentmore Towers Limited and others [2009] EWHC 3070
Robert Eric Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404
Sampla v Rushmoor Borough Council [2008] EWHC 2616
You have been advised that you will be going to court to give evidence on behalf of a NHS Trust, what do you need to know? Questions you may want to ask but feel afraid to do so!
In this third article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider property. In these times of economic efficiencies, there is one very clear message coming through from Government: “Property is important!”
The functions of the FHSAA will transfer to the Health, Education and Social Care (HESC) Chamber of the First-tier Tribunal in January 2010. This article summarises the effect of the changes for PCTs' List Management functions and activities, sets out their practical implications, and advises PCTs on the steps that they should now take in light of these changes.
This update is relevant to anyone interested in recent developments in the dispute resolution field.
This Update prepared by Claire Bentley 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.