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HR e-briefing 527: BIS announcements on collective consultation and protected conversations

Today, Vince Cable has announced a number of measures with the stated aim of making “it easier for businesses when taking on, managing and letting go their staff, while also being fair to workers”. As well as announcing further details ...




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HR e-briefing 536: New Regulations pave the way for April’s employment tribunal changes

Last year the Government announced a number of measures aimed at resolving workplace disputes more quickly, reducing the pressure on the employment tribunal system and saving costs for employers and the taxpayer. In November, amid...




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Eversheds' IHC e-briefing 195: Enterprise and Regulatory Reform Bill update - Headline news but little detail

In our briefing of 23 May 2012, we reported the publication of the Enterprise and Regulatory Reform Bill, legislation which proposes various measures to improve resolution of employment disputes and tribunal refo...




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UK HR e-brief: Employment Tribunal fees to be introduced next summer

Employment Tribunal fees to be introduced next summer The Government has today published its Full Article



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Directors' conflicts of interests - are you ready for 1 October 2008?

From 1 October 2008, all directors have a duty under the Companies Act 2006 to avoid actual or potential conflicts between the duties they owe to a company and either their personal interests or other duties owed to third parties.   There are a...




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Refinancing and the credit crunch: new rules from 1 November

The credit crunch has affected all areas of life. It is now bringing about changes to the main guidance on UK private finance initiative (PFI) projects: the Standardisation of PFI Contracts (SoPC4). It has been clear in recent months that the ...




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The Draft Construction Contracts Bill: what does it mean for the private finance initiative industry?

In July this year, the Department for Business Enterprise & Regulatory Reform put forward the Draft Construction Contracts Bill (the 2008 Bill). A number of important changes have been proposed by the 2008 Bill,  but, most importantly for p...




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PPP: a win-win situation for the public and private sectors

Public-Private Partnerships have become an effective way for Government to raise finances for large infrastructural projects, especially considering the current situation of most public coffers. Business Agenda speaks to Tomasz Korczynski about how ...




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UK labour law quarterly update – March 2020

Welcome to our March UK labour law quarterly update. This edition contains the following content: News round-up Trade unions and Covid-19 Trade union blacklisting claims on the rise during employment disputes Recent labour case law Full Article



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PRA letter on board diversity

David Bailey, Director of International Banks Supervision, and others at the Prudential Regulation Authority (PRA) have written to Solvency II insurers, large non-Directive firms (NDFs) and Capital ...




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Coronavirus – Does the Mine Health and Safety Inspectorate and the Department of Employment and Labour have the power to issue Compliance Instructions, Force Majeure, and Covid-19 as an Occupational Disease?

On 17 March 2020, we sent out an e-Brief: Occupational Health and Safety: COVID-19 (click here to access this e-brief) where we discussed the responsibilities which are placed on employers in terms...




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Coronavirus - Reservists are mobilised - impact on employers - UK

With the Ministry of Defence (MOD) announcing that they are expecting to mobilise up to 3,000 armed forces reservists to aid the military response to the coronavirus pandemic for at least six months, employers with reservist employees will be affect...




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Coronavirus – Employment law – Belgium

Strict social distancing measures have been taken in Belgium due to the spread of the COVID-19 within our country. The measures announced are (for now) applicable until 19 April 2020 inclusive. Population is expected to stay at home, except mainly t...




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Coronavirus - New Guidance: Government update on the Coronavirus Job Retention Scheme - UK

On Friday 20 March 2020, the Chancellor announced a new “Coronavirus Job Retention Scheme” (the Scheme) to help pay people’s wages. Updated Guidance on the Scheme was issued on 4 April 2020 (the Updated Guidance). This Alert seeks ...




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Defence Order No. 6 stipulating labour rights in Jordan

...




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Coronavirus - Further guidance on Coronavirus Job Retention Scheme - UK

In previous Alerts (here and Full Article



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Coronavirus - Final details emerge as the Coronavirus Job Retention Scheme is now live - UK

On Friday evening, 17 April, further revisions were made to the guidance for employers and employees regarding the operation of the Coronavirus Job Retention Scheme (the Scheme). This time also, the guidance changes were accompanied b...




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Coronavirus – Job retention scheme - UK

On Friday 20 March 2020, the Chancellor announced a new “Coronavirus Job Retention Scheme” (the Scheme) to help pay people’s wages. Importantly, to aid understanding of the Scheme and how it operates, we now have: Full Article



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Coronavirus – Returning to work after lockdown – Global

On 15 April 2020 the European Commission set out a European ‘roadmap’ designed to manage the structured exit from various lockdown measures across member states within the E.U. European countries that have recently taken the first tentative steps to...




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Coronavirus – Practical employers guide – Czech Republic

We are continually updating this guide in response to the gradual publication of official information by public authorities. Latest update: 5 May 2020, 17:00 (Restrictions on movement of persons, Mandatory quarantine when crossing borders, Childr...




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Affordable housing construction briefing: Local Democracy, Economic Development and Construction Act

No hurry to change your construction documents The most significant piece of legislation for the UK construction industry, Part II of the Housing Grants, Construction and Regeneration Act...




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Affordable housing construction briefing: contractor insolvency - warning signs

In the current uncertain times it is common to hear rumours of financial difficulties at contractors and sub-contractors which are bound to cause concern for employers on construction works. However, there are a number of steps yo...




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Affordable housing litigation e-briefing: when is a RSHP not a public authority?

After the recent decision in R (Weaver) versus London and Quadrant Housing Trust [2009] EWCA Civ 587 the answer, more frequently than not, will be when it is not acting as a 'hybrid authority' and not exercising the pow...




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Affordable housing - liability for anti-social behaviour

Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) A landmark case could open the floodgates for Registered Providers. Terri Brumby has won the right in the High Court to proceed with a claim against Registered Provider Octavia Hill Housing ...




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Hounslow London Borough Council v Powell Leeds City Council v Hall Birmingham City Council v Frisby

Following the landmark Pinnock decision, the Supreme Court has now provided landlords with a set of guidelines which should help them to avoid falling foul of human rights issues in relation to recovery of possession. These appeals surround the emo...




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The Construction Sector – A Budget for Growth?

The 2011 Budget contained little in the way of direct headline statements impacting specifically on the construction industry. However, there were a few notable measures announced, such as the £200 million new investment in rail projects, the ...




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The Budget and Implications for Development and Regeneration

The Chancellor announced yesterday his second budget aimed at achieving strong, sustainable and balanced growth, more evenly shared across the country and between industries. A number of measures are introduced that will significantly impact on dev...




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Eversheds' developers and construction e-briefing: Special report on changes to construction contracts

Special report on changes to construction contracts to come into force on 1 October 2011 The statutory framework that governs all construction contracts is changing on 1 October 2011.Part II of the Housing Grants, Construction and Regeneration Act 1...




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European Commission publishes final report on Sustainable Competitiveness of the Construction Sector and issues public consultation

The European Commission has recently commenced a consultation exercise regarding future sustainability and competitiveness within the EU construction sector. This consultation was initiated following the publication of the Commission report on the S...




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Break Clauses and Vacant Possession

Tenants operating break clauses need to be absolutely punctilious about observing the requirements of the clause; this is not an area of the law where they can expect much help from the courts. The Court of Appeal’s decision in NYK Logistics (...




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Eversheds' developers and construction e-briefing: Implications of recent disturbances on the Construction Sector

Welcome to some important ‘news’ for the Developer & Construction sector. I predict a riot: What you need to consider if your building site is impacted by the recent disturbances The current riots/disturbances in cities across Engl...




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I predict a riot: What you need to consider if your building site is impacted by the recent disturbances

The current riots/disturbances in cities across England raise a number of issues in relation to construction sites. These will include fundamental health and safety issues but it also raises important considerations in relation to any damage or...




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Lawbite: When a business tenancy “ought not” to be renewed

Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...




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Lawbite: Tenancy deposit scheme and pre-2007 tenancies

Charalambous and another v Ng and another [2014] EWCA Civ 1604 The courts continue to produce surprising decisions in relation to the tenancy deposit scheme introduced by the Housing Act 2004, applying it in certain respects to tenancies granted bef...




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Education Briefing - Next step for the mutualisation agenda

With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...




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Procurement Policy Note 11/15 - Acceptance of unstructured electronic invoices by central government authorities (“PPN 11/15”)

From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...




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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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High Court challenge leads to the setting aside of a contract award decision on the grounds of manifest error, breach of transparency and equal treatment

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...




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Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




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Public procurement: new rules, new opportunities

Public procurement is big business.  The estimated value of contracts advertised by Governments and other public bodies across the EU is said to be over 420 billion euro.  Most EU public contract awards are regulated under EU law.  Th...




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Publication of the Utilities Contracts Regulations 2016 (the “UCR 2016”), the Concession Contracts Regulations 2016 (the “CCR 2016”) and the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...




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Brexit - How this will impact on UK Procurement Law

In the wake of Brexit, the extent to...




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The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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EU Public Procurement Reform Guide 2016

Eversheds has published the “EU Public Procurement Reform Guide 2016” on the status of implementation of the new procurement directives in the European Union. The initiator of the project and coordinator of the work of the international ...




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Brexit – State aid and public procurement law update

Introduction – Where are we now? In our original Full Article



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Public procurement in Poland - what legal changes lie ahead?

The biggest overhaul in the history of Poland’s Public Procurement Law entered into force on 28 July 2016. Despite the passage of time, major issues connected with the practical application of the new regulations continue to arise. It can be ...




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The “Buy American, Hire American” executive order, the GPA and the EU

This note considers aspects of the US President's recent "Buy American, Hire American" order which relate to the WTO's Agreement on Government Procurement. It sets out the somewhat different EU position on the effects of these WTO plurilateral arra...




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The risk of fishing expeditions in the context of public procurement law challenges: a price worth paying to ensure transparency and equality of treatment? (Bombardier v Merseytravel)

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...




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Public procurement: New case highlights pitfalls for those challenging award decisions

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...