PLC Public Sector reports:
Allocation of housing, TUPE, the EU Services Directive, direct discrimination and procurement all feature on this week’s need to know list.
Allocation of housing: lawyers advising housing officers will be interested in the decision in R v Hackney London Borough Council, which:
- Confirms that under Part 6 of the Housing Act 1996 and under the Council’s own housing allocation scheme, it was entitled to decide not to move a grade A medical priority tenant to a ground floor flat.
- Demonstrates that it is difficult to challenge a local authority’s decision to regard an applicant as ineligible when the applicant is guilty of unacceptable behaviour that is serious enough to make them an unsuitable tenant.
Procurement: those advising on procurement should inform procurement officers of the OFT’s information note, which advises against:
- Excluding construction companies found guilty of bid-rigging construction contracts from tendering exercises; or
- Making it more difficult for them to qualify for tenders.
TUPE: those advising on TUPE transfers should note that in OCS Group UK Ltd, the EAT decided that the re-tendering of a catering contract, where the service changed from a hot meals service to a sandwich retail service, was not a “service provision change” under the Transfer of Undertakings (Protection of Employment) Regulations 2006. While this case is useful, local authorities are still waiting for a case which deals with TUPE in situations of service transformation where the “activities” remain similar but the method of delivery is substantially different.
Direct discrimination: those advising on employment and pensions matters should note that in London Borough of Tower Hamlets v Wooster, the EAT upheld the tribunal’s decision that the Council had directly discriminated against its employee on grounds of his age when it dismissed him to avoid him remaining in employment until he reached 50, at which point he would become entitled to enhanced early retirement terms.
EU Services Directive: Local authorities who wish to ensure that their locally used Acts, byelaws and other requirements that they place on service providers are compliant with the EU Services Directive must send screening reports to BIS by 30 September 2009.
Consultations: consultations were launched this week on:
- Increasing the level of fixed penalties and financial deposits for certain vehicle offences.
- Seeking views on the proposed transitional arrangements regulating lap dancing clubs contained in the Policing and Crime Bill.
- Delivering Debt Management Schemes.