News
Newsletter Issue 100
Governance: EHRC ‘Freedom of Expression’ guide for HEIs; No Deal Brexit guidance for HEIs
Charity: IoF issues new guide on telephone fundraising; FPS: shorter timescale for suppression requests
Employment: GEO gender pay gap guidance; Consultation on extending redundancy protection for women and new parents
Procurement: New Brexit guidance and further regulations
FAQ: Procurement What is the GPA? Read Full Article…
Governance: EHRC ‘Freedom of Expression’ guide for HEIs
On 2 February 2018, the Equality and Human Rights Commission (EHRC) published a guide on Freedom of Expression for Higher Education Providers and Students’ Unions in England and Wales (the Guide). In its introduction, the guide states that it ‘provides practical...
Charity: Institute of Fundraising issues new guide on telephone fundraising
On 13 January 2019 the Institute of Fundraising (IOF) published guidance for charities and fundraising professionals titled A Good Call: using the telephone for successful fundraising. The IOF guidance aims to provide recommendations on best practice in the context of...
Employment: Government Equalities Office – guidance to help employers tackle gender pay gap
On 8 February 2019 the Government Equalities Office (GEO) published two sets of guidance titled Eight ways to understand your gender pay gap and Four steps to developing a gender pay gap action plan. According to the GEO, these publications aim to assist employers...
EHRC inquiry: Racial harassment in higher education
The Equality and Human Rights Commission (EHRC) have launched an inquiry into ‘Racial Harassment in publicly funded Higher Education Institutions in Great Britain’. The inquiry is being conducted under section 16 and schedule 2 of the Equality Act 2006. Details of...
Older News Items
Pensions: USS interpretation of incapacity
In Universities Superannuation Scheme Ltd v Scragg & Anor [2019] EWHC 51 (Ch), the High Court considered a provision in the scheme rules for the Universities Superannuation Scheme, which allows members to retire before the normal retirement age if they are...
Newsletter Issue 99
Data Protection: ICO publishes guidance on GDPR contracts and liabilities; ICO issues guidance on controllers and processors
Employment: Implementation of the Good Work Plan; Sexual harassment at work: Government responds to Committee report; EHRC inquiry: Racial harassment in higher education
Tax, Insurance and Pensions: USS interpretation of incapacity
Charity: Scottish charity law consultation launched
Governance: The Prescription (Scotland) Act 2018 receives Royal Assent
Commercial agreements/Procurement: Public Procurement (Amendment etc.) (EU Exit) Regulations 2019
FAQ Employment: Can favourable treatment amount to disability discrimination Read Full Article…
Newsletter Issue 98
Data Protection: ICO blog: advice for organisations in relation to a possible no-deal Brexit
Employment: Dismissing an employee in receipt of long term disability benefits; Whether an independent professional expert was required on the disciplinary panel to address certain allegations of misconduct; The Good Work Plan outlines key changes to employment law rights
Governance: Companies House: incorporation applications to be checked for compliance with UN financial sanctions; BEISC Report recommends measures to address SME productivity; First Minister of Scotland’s Advisory Group on Human Rights Leadership publishes recommendations
Commercial: Student accommodation survey report highlights mental health
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Data protection: ICO blog – advice for organisations in relation to a possible no-deal Brexit
In a blogpost published on 13 December 2018, the Information Commissioner Elizabeth Denham sets out information for organisations, to help them prepare for the possible event of a 'no-deal' Brexit. The Information Commissioner said that, in view of the UK government’s...
Employment: The Good Work Plan outlines key changes to employment law rights
This week the Government has published the final version of The Good Work Plan. This follows on from the Taylor Review of Modern Working Practices and four subsequent Government consultations. The key aims of The Good Work Plan are to: ensure work is ‘fair and...
Newsletter Issue 97
Data Protection: ICO guidance on passwords and encryption; ICO call for views on updating direct marketing code of practice;
Employment: Gender Representation on Public Boards (Scotland) Act 2018 (Commencement No1) Regulations 2018; European Court of Justice judgement on payments in lieu of annual leave on termination; Government response to Parental Bereavement Leave and Pay Consultation; Inquiry into Non-Disclosure Agreements
Commercial: Budget 2018: Capital allowances for structures and buildings; Contractual limitation periods of signing a document as a deed; the scope of an ‘entire agreement’ clause
Procurement: Equal treatment and previous participation;
FAQ: Employment: Do mistakes in a dismissal process impact affect the fairness of the dismissal, even if the employer believes that the dismissal was inevitable notwithstanding the procedural failings?
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Procurement: Equal treatment and previous participation
In Case T 10/17 Proof IT SIA v EIGE (16 October 2018), the question of applying the principle of equal treatment was considered when an incumbent service provider participated in a tender exercise for the re-procurement of online services. The incumbent was awarded...
Commercial agreements: The scope of an ‘entire agreement’ clause
Our June 2018 Newsletter reported on the case of NF Football Investments Ltd and another v NFCC Group Holdings Ltd and another [2018] EWHC 1346 (Ch). It concerned the acquisition by the claimant of the shares of Nottingham Forest Football Club Limited from the...
GDPR: First ICO enforcement notice under GDPR and DPA 2018
On 20 September 2018 it was reported that the Information Commissioner's Office (ICO) had issued an enforcement notice dated 6 July 2018 to AggregateIQ Data Services Ltd (AIQ), using its powers under section 149 of the Data Protection Act 2018 (DPA 2018) for the first...
Employer vicariously liable for rogue employee’s data breach
Our December 2017 Newsletter reported in detail on the case of Various claimants v Wm Morrisons Supermarket PLC [2017] EWHC3113 (QB), in which the High Court considered the extent of an employer’s liability when a rogue employee deliberately disclosed his colleagues’...
Newsletter Issue 96
Employment: Employer vicariously liable for rogue employee’s data breach; Professor raises complex and multiple employment claims against university; Ambiguity in employee letter of notice; Employment tribunals and the construction of employment contracts
Equality: Supreme Court -Refusal to bake cake with message supporting gay marriage not discriminatory
Data protection: First ICO enforcement notice under GDPR and DPA 2018; ICO: data protection fee enforcement action
Governance: Government announces TEF plan on ‘grade inflation’
Charity: Changes to service for updating charity details
FAQ: Procurement – Can a contracting authority be party to a framework agreement, even though it did not sign the original agreement?
Read Full Article…
Newsletter Issue 95
Governance: Disclosure of criminal allegation and acquittal in the context of an Enhanced Criminal Record Certificate;
Employment: TUPE – HMRC now applying NMW penalties to new employer; TUPE – ‘transfer of economic entity’ and ‘administrative reorganisation’; Menopause policies and employer support; Victimisation and bad faith;
Procurement: House of Commons Library briefing paper published;
Charity: Code of Fundraising Practice;
FAQ: Contracts – Do under-18s have capacity to enter into contracts? Read Full Article…