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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

Procurement Challenges - a step change?

Thursday, 27 August 2015

The fast moving pace of procurement litigation continues with what is a key decision in Woods Building Services and Milton Keynes Council.


Articles & Blogs Public Sector

Procurement - New Utilities and Concessions Regulations Now Published

Wednesday, 26 August 2015

The changes will affect purchasing activity across all regulated utilities in England and Wales, and the concessions rules introduce a more detailed regulatory regime


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

Holiday Pay - should voluntary overtime be included?

Tuesday, 14 July 2015

Yes, provided it amounts to 'normal remuneration', held the Northern Ireland Court of Appeal (the Court of Appeal) in Patterson v Castlereagh Borough Council.


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

Another European Dynamics Procurement Challenge

Tuesday, 14 July 2015

The importance of giving reasons to unsuccessful bidders has been affirmed in the latest procurement challenge by Greek company European Dynamics.


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].


Articles & Blogs Public Sector

Look Before You Leap - Procurement Challenge on Changes to Contracts

Monday, 13 July 2015

This challenge was brought by Edenred, against HM Treasury, HMRC and National Savings & Investments and has been upheld by the Supreme Court.