Further to investigations into a complaint (from the NUS) in July 2013, the OFT has issued a report on the imposition by universities of academic sanctions in relation to the recovery of non-tuition fee debt from students (e.g. for accommodation), and the conduct of students unrelated to academic performance. In the 54 page report entitled ‘Universities’ Terms and Conditions’, it is stated that the report intends to ‘set out the OFT’S views on the legal position and provide clarity to the higher education sector, and to students, about the risks of continuing to use such terms and conditions.’
Governance: OFT report on academic sanctions for non-tuition fee debt, etc
Procurement: Advocate General considers the Teckal exemption; New public procurement directives adopted by Council of the European Union; Cabinet Office offers training for public sector organisations
Employment: Zero Hours Contracts Bill 2012 -2013; Acas guidance on questions of discrimination; Percentage threshold scheme to be abolished; Tribunal fees: Unison's judicial review challenge dismissed
Environmental: CRC Energy Efficiency Scheme
Commercial Agreements: Pre-contractual negotiations and misrepresentations
FAQ: Procurement: What is the ‘Teckal’ exemption? Read Full Article…
In certain circumstances, a contract which is let by a contracting authority to an ‘in-house provider’ will be exempt from the public procurement regime. The so called ‘in-house’ or ‘Teckal’ exemption was established in the case Teckal SrL v Comune di Viano & Azienda Gas ( ECR-I-8121).
In this case, the Supreme Court stated that ‘In principle, the possibility that a representation may continue to be asserted, and may have a causative effect so as to induce the conclusion of the contract, is not necessarily excluded where, as in the present case, the contracting parties are not the original representor and representee’.
Unison, the trade union, challenged the lawfulness of the fee charging scheme in employment tribunals and the Employment Appeal Tribunal, introduced on 29 July 2013 through the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013. The challenge was dismissed by the High Court.