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Catherine Wolfenden and Jorren Knibbe look at the applicability of procurement rules to joint ventures with public authorities ‘HM Treasury’s March 2010 guidance note on joint ventures provides only very limited information to public sector bodies on the application of the procurement rules.’Do the procurement rules apply? A question that should be easy to answer, …
Continue reading "Legislation: Don’t rule it out!"
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Charles Wynn-Evans examines the impact of recent decisions on business transfers and insolvency ‘Two Court of Appeal judgments delivered just before Christmas are of considerable importance in terms of clarifying the scope of the potential protections provided by TUPE for affected employees.’This article discusses two important recent cases that are of considerable importance for those …
Continue reading "Insolvency: Selling the staff"
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Roderick Ramage reviews the relationship between outsourcing and pensions ‘A major concern to the government and public sector unions was that the exemption of mainstream pension benefits from TUPE would result in the transferring employees, many of whom are in relatively low paid work, losing membership of a public sector pension scheme, as a result …
Continue reading "Pensions: Making sure you (don’t) get your pension"
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Ian Stevens considers the potential utility of the OSS toolkit ‘“All About Open Source” is an introduction to OSS for anyone interested in employing OSS solutions across government.’Open source software (OSS) has not been regularly used by the government, even though its OSS policy has been in place since 2004. ICT Strategy The Government’s ICT …
Continue reading "IT Procurement: Tricks of the trade"
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Angus Walker analyses the progress of the Infrastructure Planning Commission ‘The good news is that the IPC is now busy and that experience of the new regime is much more widespread than it was even three months ago. This should encourage promoters to come forward with applications.’The Infrastructure Planning Commission (IPC) was set up in …
Continue reading "Infrastructure: Big plans for the big society"
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Blair Adams assesses the importance of services provided and TUPE for outsourcing contracts ‘The language of the definition has made employment tribunals look at the application of the TUPE Regulations from a different perspective, sometimes with surprising results.’In this article, I shall be considering whether recent cases on the application of the Transfer of Undertakings …
Continue reading "Outsourcing Services: Slipping through the TUPE net"
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Luisa D’Alessandro discusses the practical and commercial considerations in drafting agency agreements ‘There should be clear obligations to stop using the principal’s materials and intellectual property rights, all of which should be returned.’The importance of putting clear contracts in place when appointing any kind of sales or purchase representative should not be underestimated, especially when …
Continue reading "Agency: Breaking the mould"
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In this edition’s update, Jack Hayward finds that this has been an unusual start to the year ‘There are currently no rules at all on concessions in the UK, which in the eyes of the Commission means a total lack transparency.’Ithink most of us were pleasantly surprised by the Commission issuing not one but three …
Continue reading "Update: Fresh resolve"
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Jack Hayward turns his attention to recent news in the procurement arena Irrespective of your political leanings you have to have a sneaking regard for the optimism of Francis Maude, the Cabinet Office Minister whose remit includes public procurement, because of his conviction that he can singlehandedly persuade the European Commission to alter the Public …
Continue reading "Update: Slaying the dragon"
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Gail Wilson considers the underlying reasons behind the rise in supplier challenges Supplier challenges are on the rise. Research undertaken by Achilles and Nottingham University into supplier challenges brought under the EU procurement regime in the UK over a 20-year period, indicates that there has been a sharp rise in recent years in the number …
Continue reading "Dispute Resolution: Peace at any price?"
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