In brief for week ending 27 November 2013

Make sure that you have not missed a key development in your area of the law by reading our In brief review of the latest Practical Law Public Sector e-mail.

Civil litigation:

Education and children’s services:

Employment and pensions:

  • The European Court of Human Rights has held that parental leave schemes must be compatible with Article 14 of the European Convention on Human Rights (Topčić-Rosenberg v Croatia).
  • The EAT has upheld an appeal by a company against a decision that a group of employees had transferred to it under TUPE, holding that completing a job eight months after transfer did not fall within the exclusion set out in regulation 3(3)(a)(ii) of TUPE 2006 (Swanbridge Hire & Sales Ltd v Butler and others).
  • Investigations undertaken by HMRC have revealed that more than 2,400 workers in the care sector have not received the minimum wage.

Environment:

FOI and data protection:

  • Lord McNally has informed the House of Lords that the Defamation Act 2013 will come into force on 1 January 2014.
  • The ICO has reported the conviction, under section 55 of the Data Protection Act 1998, of two men who tricked organisations into disclosing personal data.

Health:

Housing:

  • The Welsh Government has launched an equity loan Help to Buy scheme for 2014.

Local Government:

Property and planning:

Public procurement:

  • The Cabinet Office has confirmed that the modernisation of the EU procurement rules has been delayed to early 2014 due to delays with translating the agreed texts of the three new directives.
  • The ECJ has held that seeking further information from candidates after the deadline for taking part in the tendering procedure had expired will not necessarily breach the principle of equal treatment.
  • The government has published its Infrastructure Carbon Review.

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