Public Sector Articles & Blogs

State Aid - Beware Compound Interest!

Friday, 20 November 2015

A recent case from the European Court of Justice serves as a useful reminder of the risks of getting state aid wrong and the consequences of a recovery order.

Articles & Blogs Public Sector

New Guidance - Disclosing Information Safely and Removing Personal Data

Thursday, 19 November 2015

The Information Commissioner's Office (ICO) has issued new guidance on how to disclose information safety by removing personal data from information requests.

Articles & Blogs Public Sector

Pension Ombudsmen - No Maladministration in Conditional Enhanced Pension Offer

Tuesday, 13 October 2015

The Pension Ombudsmen has held that it was not maladministration for a Local Government Pension Scheme (LGPS) employer to make an offer for an enhanced pension conditional on the employee...

Appeal Capable of Rectifying Procedural Deficiencies

Friday, 03 July 2015

The Employment Appeals Tribunal (EAT) has upheld the Employment Tribunal (ET)'s decision that an employee's dismissal was fair, despite procedural failings at the first stage of the disciplinary hearing.

Articles & Blogs Public Sector

Not Left Yet - Do Temporarily Laid Off Employees Still Transfer Under TUPE?

Tuesday, 13 October 2015

The Employment Appeal Tribunal (EAT) has held that workers who were temporarily laid off prior to a service provision change were still part of an organised grouping of employees for the purposes of TUPE and therefore could transfer to the new contractor.

Freedom of Information - How to Recognise a Vexatious Request

Thursday, 18 February 2016

Higher education institutions have learnt through hard experience the importance of getting Freedom of Information requests right.

Freedom of Information - How to Recognise a Vexatious Request

Articles & Blogs Public Sector

Has Working Time Been Extended to Include Travel to and From Work?

Tuesday, 13 October 2015

A recent case has looked at the extent to which workers could argue that their first and final trips of the working day, to and from their place of work, could be considered 'working time' for the purposes of the EU Working Time directive.

Articles & Blogs Public Sector

'Loose' Causation Test in Disability Discrimination Claims

Tuesday, 13 October 2015

The Employment Appeal Tribunal (EAT) has confirmed that there need only be a 'loose' causal link between a person's disability and any unfavourable treatment in order for a discrimination arising from disability claim to be established.

Articles & Blogs Public Sector

New English Fluency Requirement for Public Sector Employees

Thursday, 27 August 2015

From September 2015, all new and existing public sector staff in customer-facing roles must be able to speak GCSE-level English. The plans to introduce a requirement to speak fluent English form part of the new Immigration Bill.

Articles & Blogs Public Sector

Exit Payments - The End of the Six Figure Pay-Out?

Thursday, 27 August 2015

In May, the government announced its proposal to introduce a cap of £95,000 on exit payments for public sector employees, following a review of the total cost of exit payments with the public sector.

Articles & Blogs Public Sector

Forced Retirement of Police Officers - is this indirect age discrimination?

Tuesday, 14 July 2015

No, held the Employment Appeal Tribunal (EAT) in the recent case of West Midlands Police v Harrod & Ors, as it can be justified as being a proportionate way of achieving a legitimate aim.

Articles & Blogs Public Sector

Internal Investigations - Ensuring a Fair Approach

Tuesday, 14 July 2015

A recent Employment Appeal Tribunal (EAT) case has highlighted a number of considerations for employers carrying out internal investigations.

Articles & Blogs Public Sector

Potentially Bad News for Employers - Time Spent Travelling Between Home and Work Could Count Towards 'Working Time'

Tuesday, 14 July 2015

The Advocate General of the European Court of Justice (ECJ) has given his opinion that, in the case of mobile workers without a fixed base providing services directly at customers' premises

Articles & Blogs Public Sector

Indirect Discrimination - what does an individual need to prove?

Tuesday, 14 July 2015

The Court of Appeal (CA) has held that when bringing a claim of indirect discrimination, an individual must prove personal disadvantage, as well as group disadvantage caused by the provision, criterion or practice (PCP).

Articles & Blogs Public Sector

Do Not Pass Go? - Lifting an Automatic Suspension

Monday, 13 July 2015

In a recent case The Pirbright Institute (Pirbright)[1], made an application for the lifting of an automatic suspension that had been imposed by the Public Contracts Regulations 2006 (the Regulations)[2].

Public Sector

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