Local Authority round-up 11/10/24
10th October, 2024
Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.
Regulatory
Employment Rights Bill unveiled
The Government has recently unveiled the Employment Rights Bill with an aim to help deliver economic security and commercial growth.
The Bill introduces significant changes including (amongst others):
The existing two-year qualifying period for protection from unfair dismissal will be removed, creating a ‘day one’ right for all employees.
Unpaid paternity leave is set to also become a ‘day one’ right (instead of the current 26 weeks), with the Government promising a full review of paternity rights alongside the Bill.
Statutory Sick Pay (SSP) will be available from the first day of sickness, as opposed to the fourth day.
The Government will consult on a new statutory probation period.
The Bill will allow those on zero-hours contracts to gain guaranteed working hours if they work regular hours over a defined period, which Labour’s original proposal said would be 12 weeks. Employees can also request to remain on zero-hours contracts if they would prefer.
The Bill will establish the Fair Work Agency, which consolidates the existing enforcement bodies, to advocate and protect employment rights and provide guidance to employers on how best to comply with the new legislation.
For more information please click here.
Commercial
Government releases survey on the new National Procurement Policy Statement
The Government Commercial Function opened the National Procurement Policy Statement (NPPS) survey in order to inform its development.
This comes after the Government announced that the go-live date for the Procurement Act 2023 (PA 2023) would be postponed from 28 October 2024 to 24 February 2025.
A driving factor in the decision to postpone the introduction of the PA 2023 was the Government’s desire to withdraw the existing NPPS, published by the previous Government in May 2024, and replace it with a new one, reflecting the changed priorities of the current administration.
The NPPS sets out the strategic aims for public procurement and how contracting authorities can support their delivery. Section 13(9) of the PA 2023 states that contracting authorities must have regard to the NPPS when the PA 2023 comes into force.
The survey on the new NPPS launched on Monday 7 October 2024 and closes at midday on Monday 4 November 2024.
To complete the survey please click here.
Education
A rise in disputes concerning Education, Health and Care Plans
Education, Health and Care Plans (EHCPs) outline the resources and help a child may need in order to effectively access their education. Local authorities are obligated to issue an EHCP within 20 weeks of a parent or school making a request.
It has been reported that growing demand for EHCPs have become difficult to manage for local authorities, with insufficient funding and a shortage of educational psychologists causing delays.
SEND Tribunal receipts, regarding EHCPs, have increased by 78% compared with the same quarter last year. In addition, local authorities are also facing an increasing number of High Court judicial review challenges in relation to EHCPs. Such claims can be costly and time-consuming for local authorities, and can pose several significant risks such as adverse costs orders, and the potential that a judge will make a mandatory order which, if breached, could lead to the local authority being held in contempt of court.
For an in depth discussion on the issues surrounding EHC Plans please see our dedicated article by Robert Glassford here.
Upcoming Events
Webinar: PFI Update
Join us for our PFI Update on Tuesday 5th November between 10:30am – 12:30pm.
During this session, our experts will explore best practices for the daily management of PFI contracts, review recent case studies, and discuss lessons learned from recent PFI contract expiries.
We will also cover effective strategies and timescales for managing contract expiries, examine potential threats of insolvency from Project Co (with insights from a special guest leading counsel), and delve into PFI case law. Additionally, the session will address the latest trends in dispute resolution.
To register your place, please click here.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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