EMPLOYMENT CONTRACTS

March 25th, 2026 by James Goudie KC in Decision making and Contracts
  1. From 6 April 2026, the maximum PROTECTIVE AWARD for failing to CONSULT on a COLLECTIVE REDUNDANCY process will double from 90 to 180 days’ pay, applying to employees dismissed after that date.
  3. Provisions of the EMPLOYMENT RIGHTS ACT 2025 coming into force in April 2026 include in relation to (i) statutory paternity leave, (ii) parental leave, (iii) statutory sick pay, (iv)  Equality Action Plan, (v) the Fair Work Agency, and (vi) rates and limits for NMW, statutory sick pay, maternity pay, and unfair dismissal awards.

 

  1. A TUPE transferee is liable for INDIRECT DISCRIMINATION when an incoming workforce is on lower pay : ALPHA ANNE v GREAT ORMOND STREET HOSPITAL NHS TRUST (EAT).

 

MULTIPLE OCCUPANTS

March 25th, 2026 by James Goudie KC in Council Tax and Rates

SONG OF THE WILD SWAN LTD v INFORMATION COMMISSIONER ( 2026 ) UKFTT 00433 ( GRC ) concerns 3 REQUESTS FOR INFORMATION made to OXFORD COUNTY COUNCIL concerning determination of business rates when a site has multiple occupants. The Council refused, relying on FoIA 2000 Section 14 ( 1 ), VEXATIOUS REQUEST, in relation to which the Tribunal sets out the LEGAL FRAMEWORK at oaras 39-44 & 49-54.

 

ENVIRONMENTAL REGULATION

March 25th, 2026 by James Goudie KC in Environment, Highways and Leisure

A REPORT published on 25 March 2026 by the House of Commons Public Accounts Committee warns that the current environmental regulatory system is inadequate. The Report highlights the growing problem of ILLEGAL WASTE DUMPING, which exceeds the Environment Agency’s enforcement capacity.

 

PARENTAL RESPONSIBILITY

March 24th, 2026 by James Goudie KC in Social Care

In conjoined appeals ( 2026 ) EWCA Civ 344 the Court of Appeal rules that the definition of “father “ in Sections 2 & 4 of the Children Act 1989 is confined to the common law definition. Only a child’s genetic or biological father can be regarded in law as the father. No parental responsibility is acquired by an individual registered as “ father “ who does not satisfy that definition.

 

PROCUREMENT

March 24th, 2026 by James Goudie KC in Decision making and Contracts

A WELSH Government publication on 23 March 2026 summarises the responses to its consultation on draft statutory Guidance under the Social Partnership and Public Procurement ( Wales ) Act 2023, and sets out next steps.

 

ECHR

March 23rd, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty

Re T ( INHERENT JURISDICTION : DEPRIVATION OF LIBERTY ) ( 2026 ) EWCA Civ 307 addresses deprivation of liberty for the purposes of ECHR Article 5, the statutory regime under Children Act 1989 for secure accommodation, and the meaning of “ harm “.

 

DIRECTORS

March 23rd, 2026 by James Goudie KC in Capital Finance and Companies

 

Proof that a director’s CONDUCT was, in some non-trivial degree, responsible for the causes of a company becoming insolvent, is NOT a jurisdictional pre-condition to the making of a DISQUALIFICATION ORDER under Section 6 of the Directors Disqualification Act 1986. So held in SoS for Business & Trade v Greensill (2026) EWHC 639 (Ch).

 

 

LOCAL AUTHORITY CHILDREN:S SERVICES

March 23rd, 2026 by James Goudie KC in Social Care

OFSTED has updated GUIDANCE in relation to INSPECTIONS of local authority children’s services, taking effect in April 2026.

 

NPPF

March 23rd, 2026 by James Goudie KC in Planning and Environmental

The Law Society on 20 March 2026 has responded to the MHCLG Consultation on a revised version of the NPPF.

 

INTENTIONAL HOMELESSNESS

March 23rd, 2026 by James Goudie KC in Housing

 

MUNEMO v CITY OF WOLVERHAMPTON COUNCIL ( 2026 ) EWCA Civ 329 raises important issues about both the interpretation and the application of Section 191 of the HOUSING ACT 1996 on becoming homeless intentionally. The Court of Apeal observes that Section 191 is short and clearly structured, but has been the subject of extensive analysis in the authorities, “ not all of which point in the same direction “, and which the Court of Appeal reviews. The Court refers to “ a welltrodden series of 6 questions “, and answers them from para 22, with respect to the time at which an applicant’s deliberate act or omission must have taken place.

 

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