TCC case highlights contract negotiations requirements – OUT-LAW.com

Posted October 23rd, 2024 in contracting out, contracts, delay, estoppel, news by tracey

‘A recent Technology and Construction Court (TCC) case in the UK highlights several important issues that preoccupy outsourcing and technology lawyers during contract negotiations.’

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OUT-LAW.com, 22nd October 2024

Source: www.pinsentmasons.com

Virgin Media v NTL Pension Trustees II – Case Analysis by Henry Day – Radcliffe Chambers

Posted September 5th, 2024 in contracting out, news, pensions, regulations, statutory interpretation by sally

‘Pensions analysis: In a landmark ruling, dismissing the appeal brought by Virgin Media Ltd (Virgin) against the first instance decision of Mrs Justice Bacon, the Court of Appeal held that the term ‘section 9(2B) rights’ in regulation 42(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (the Contracting-out Regulations), as in force from 6 April 1997 to 5 April 2013, included pension rights earned by both past and future service. The judgment potentially has very significant implications for occupational pension schemes that were contracted out of the Additional State Pension on the salary-related basis under section 9(2B) of the Pension Schemes Act 1993 (PSA 1993) : absent actuarial confirmation as required by PSA 1993, s 37, it now appears certain historical alterations to members’ future (as well as past) service rights under such schemes will be void. Important practical issues concerning the nature and scope of the required actuarial confirmation, however, remain unresolved. Written by Henry Day, barrister at Radcliffe Chambers.’

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Radcliffe Chambers, 19th August 2024

Source: radcliffechambers.com

Virgin Media: CA gives no respite – Pensions Barrister

Posted July 26th, 2024 in airlines, appeals, chambers articles, contracting out, news, pensions by sally

‘Paul Newman KC has written a casenote on today’s decision, in which the CA dismissed the appeal against the judge’s decision that the contracting-out legislation required amendments which only affected future service benefits to be accompanied by written actuarial confirmation.’

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Pensions Barrister, 25th July 2024

Source: www.pensionsbarrister.com

Limitation in public contracts challenges – Local Government Lawyer

Posted May 28th, 2024 in contracting out, limitations, news, public procurement, regulations by tracey

‘The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988 – Local Government Lawyer

Posted March 28th, 2024 in contracting out, contracts, local government, news, public procurement by tracey

‘Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of “non-commercial matters” in procurement processes.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Royal Parks workers bring landmark case over race and equal pay – The Guardian

Posted February 20th, 2024 in contracting out, London, minimum wage, news, parks, race discrimination, remuneration by tracey

‘A group of toilet cleaners and attendants for London’s most famous parks could be about to make legal history in the court of appeal by arguing that their outsourced contracts amounted to indirect race discrimination.’

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The Guardian, 20th February 2024

Source: www.theguardian.com

G4S admits its failures in the running of a prison amounts to breach of the Article 2 systemic duty – Garden Court Chambers

‘G4S’s running of the prison failed to meet the standards of public service required, such that HMP Birmingham was put in special measures, and its running was taken over by the Ministry of Justice. The Chief Inspector of Prisons at the time, Peter Clarke, invoked the Urgent Notification process in respect of the prison.’

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Garden Court Chambers, 23rd March 2023

Source: www.gardencourtchambers.co.uk

When is a contractor not a contractor? – OUT-LAW.com

Posted January 13th, 2023 in contract of employment, contracting out, contracts, employment, news, taxation by tracey

‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’

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OUT-LAW.com, 12th January 2023

Source: www.pinsentmasons.com

Council where Logan Mwangi was murdered ‘worryingly dependent’ on agency care – The Guardian

‘A local authority involved in the care of Logan Mwangi, the five-year-old boy murdered by his mother, her partner and his stepson, spent more than £1m on agency social workers in the year the child was killed, it has emerged.’

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The Guardian, 5th October 2022

Source: www.theguardian.com

Staff at Home Office contractors sue over discrimination and unfair dismissal – The Guardian

‘Dozens of security staff who detain and deport people for the Home Office are taking legal action over race, sex, disability discrimination and unfair dismissal, the Guardian has learned.’

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The Guardian, 21st September 2022

Source: www.theguardian.com

Mayor of Greater Manchester defeats High Court challenge over bus franchising and impact of pandemic – Local Government Lawyer

Posted March 14th, 2022 in appeals, contracting out, coronavirus, local government, news, transport by tracey

‘Two bus operators have lost a High Court challenge to the decision by Andy Burnham, elected mayor of Greater Manchester, to proceed with bus franchising.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Andy Burnham’s move to bring bus services under public control ‘not unlawful’ – The Independent

Posted March 10th, 2022 in consultations, contracting out, local government, news, transport by tracey

‘Andy Burnham’s decision to reform bus services to bring them under public control in Greater Manchester was not unlawful, a High Court judge has found in a ruling against two bus companies.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

UKHSA considers legal action against privately run Immensa lab – The Guardian

‘A government health watchdog is considering legal action against a private health company whose laboratory gave at least 43,000 people potentially false negative Covid-19 test results.’

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The Guardian, 8th December 2021

Source: www.theguardian.com

Private firms working for UK government ‘should be subject to FOI rules’ – The Guardian

‘Private outsourcing companies that win government contracts should be subject to freedom of information rules, according to the outgoing information commissioner, who warned the existing transparency law is no longer fit for the modern age.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

Brook House detention centre whistleblower ‘abuse’ inquiry begins – BBC News

‘A public inquiry into the mistreatment of immigration detainees has heard a BBC Panorama documentary revealed “shocking” treatment which had “no place in a decent and humane” system.’

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BBC News, 23rd November 2021

Source: www.bbc.co.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

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The Guardian, 3rd November 2021

Source: www.theguardian.com

UK bus privatisation breached basic rights, says ex-UN rapporteur – The Guardian

Posted July 20th, 2021 in contracting out, news, reports, transport by sally

‘Britain’s bus services outside London were so damaged by privatisation that people were unable to access basic needs such as work, education and healthcare, according to a scathing report by the former UN special rapporteur on human rights.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

MP questions transfer of children from Rainsbrook secure centre to youth jails – The Guardian

Posted July 14th, 2021 in children, contracting out, coronavirus, custody, news, prisons, young offenders by tracey

‘Children held in a condemned youth jail for vulnerable offenders have been moved into unsuitable alternative custody, a committee has been told. About 30 children previously held at the privately run Rainsbrook secure training centre are being transferred into alternative custody arrangements following calls for urgent action over problems at the unit.’

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The Guardian, 13th July 2021

Source: www.theguardian.com

No more reward without risk – Local Government Lawyer

Posted July 2nd, 2021 in contracting out, local government, news, pensions, waste by tracey

‘Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Nationalising probation service not enough to fix flaws, warns watchdog – The Guardian

‘Renationalising the management of offenders in the community will not be enough to put right the flaws of disastrous privatisation reforms introduced by the former Conservative minister Chris Grayling, the probation watchdog has warned.’

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The Guardian, 28th June 2021

Source: www.theguardian.com