PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
This week’s actions are:
Sharon Shoesmith: while the facts in this case are very specific, all public authorities should note the court’s comments about the disciplinary process adopted by the London Borough of Haringey, in particular, the criticism of its reliance on an external report (the Ofsted report) as the basis for Sharon Shoesmith’s dismissal. Whatever the circumstances, public authorities should conduct their own disciplinary investigations, and allow employees the opportunity to defend themselves against any findings made, before deciding to dismiss an employee. Disciplinary policies and procedures should be reviewed and, if necessary, updated to reflect this. Subscribers involved in conducting disciplinary action may find the various materials available in our discipline and grievances topic, in particular our practice note on conducting an investigation, useful.
School reorganisations: those advising local education authorities (LEAs) will welcome the recent Employment Appeal Tribunal (EAT) decision finding that LEAs do not have concurrent liability with the governing body of the relevant school for the unfair dismissal of a teacher. This liability will only transfer to the LEA on the dissolution of a school.
Safeguarding: those advising on the employment of people working with children or vulnerable adults should note that new regulations have come into force in England and Wales setting out what steps employers must take when allowing individuals to engage in “controlled activity”. For further information on the requirements of the Safeguarding Vulnerable Groups Act 2006, see our practice note on the Act and our quick guide on CRB checks and ISA registration for school staff.
TUPE: those advising public authorities on the appointment of legal advisers should note the decision of the EAT in Ward Hadaway v Love, where it was held that appointing a new firm did not lead to employees of the existing legal adviser transferring to that new firm under TUPE.
Pensions: following the decision of the Pensions Ombudsman in McGarrigle, all principal employers that sponsor multi-employer pension schemes (in this case the Department for Children, Schools and Families and the Teachers’ Pension Scheme) should ensure that mechanisms for advising participating employees about rule changes are reviewed to ensure that all members receive adequate notice of changes.
Housing: housing lawyers in Wales will be interested in the new Housing Strategy for Wales published by the Welsh Assembly Government.
Public procurement: public procurement lawyers should note two recent decisions:
- The decision in the High Court in Croft House Care v Durham County Council, which provides guidance on what documents may need to be disclosed by a contracting authority in litigation over a public procurement award process.
- The decision of the ECJ which found that a Spanish authority had awarded a contract that went beyond the scope originally advertised in its OJEU notice.
Consultations: this week saw a consultation launched on permitted development rights for small-scale renewables in Wales.