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.
Civil litigation: lawyers litigating on behalf of local authorities should be aware that changes to the Civil Procedure Rules and Practice Directions came into force on 1 October 2010. Key amendments relate to the disclosure of electronic documents, allocation questionnaires and the introduction of the county court provisional assessment pilot scheme.
Education: lawyers advising schools and colleges in Wales should note that an order has been signed bringing into force section 45 of the Violent Crime Reduction Act 2006, which will give schools and colleges the power to search pupils suspected of carrying offensive weapons. This power already applies in England.
Employment: employment lawyers should note several Employment Appeal Tribunal (EAT) decisions this week:
- Badra v Gardiner & Theobald LLP. The EAT held that facts set out in an ET1 form must include a specific allegation of discrimination or include facts that make the nature of the claim easy to discern.
- Nixon v Ross Coates Solicitors and another. The EAT held that the Employment Tribunal had been wrong in failing to characterise gossip about an employee’s pregnancy as discrimination and harassment under the Sex Discrimination Act 1975. It had also been wrong in reducing her compensation believing that she had caused the gossip.
- Easwaran v St Georges University of London. The EAT gave guidance on what constitutes a qualifying disclosure in a whistleblowing case and the matters that should be taken into account when assessing the reasonableness of a worker’s belief.
Also of interest is the announcement by the government that the right to request flexible working will be extended to parents with children under 18 from April 2011.
Outsourcing: the First-tier Tribunal has held that VAT was due on the entire fee paid by one company to another under a service agreement, including an element referable to the work of certain employees, despite the parties being joint employers of those employees.
Equality Act 2010: several pieces of guidance have been published this week aimed at helping bodies comply with their duties under the Equality Act 2010:
- The Government Equalities Office has published two guides for voluntary and community organisations providing goods, services and facilities.
- The Equality and Human Rights Commission has published guidance for public authority decision-makers on what is expected of them when making financial decisions in order to comply with the public sector equality duties, for example, when making redundancies or service reductions.
Lawyers should also be aware of the dangers associated with attempting to comply with section 147 of the Equality Act 2010 in relation to compromise agreements. Section 147 seems to suggest that lawyers negotiating exit terms or claiming on an employee’s behalf cannot also be their “independent adviser” for the compromise agreement. It is hoped that this anomaly will be addressed by Parliament but in the interim both parties should make their own assessment of the risks.
Spending transparency: the government has reminded local authorities that the January 2011 deadline for publishing spending over £500 on their websites is approaching. The Local Government Association has this week published draft guides for consultation on how local authorities can meet this requirement (see below)
Financial reporting: local authority internal auditors should be aware that, to assist them in complying with the requirement to prepare international financial reporting standards (IFRS) accounts by June 2011, the Audit Commission has published a briefing paper for local authorities on the transition to IFRS.
Procurement: procurement lawyers should note that the Office of Government Commerce has published a procurement policy note reminding government departments that they need to put an effective system covering the procurement process from purchase to payment, and that they must scrutinise invoices against purchase orders before payment as part of this process.
Consultations: this week there have been consultations published on:
- Visiting former looked after children in detention (this consultation applies to Wales only).
- Guidance on the safe storage of drums and intermediate bulk containers.
- Draft guides published by the Local Government Association aimed at local authorities on how they can meet the January 2011 deadline for publishing all spending over £500 on their websites.
The Welsh Assembly Government has also launched a review of service delivery in Wales and the Environment Agency has published its review of England’s wildlife sites.