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.
  2. 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).

 

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.

 

PUBLIC PROCUREMENT

March 10th, 2026 by James Goudie KC in Decision making and Contracts

The Social Partnership and Public Procurement ( Wales ) Regulations 2026, S.I. 2026, coming into force mostly on 25 March 2026, supplement the Social Partnership and Public Procurement ( Wales) Act 2023.

 

 

 

PUBLIC CONTRACTS

March 2nd, 2026 by James Goudie KC in Decision making and Contracts

Section 70 of the Procurement Act 2023, in relation to information about payments under public contracts is brought into effect on 1 April 2026 in accordance with Commencement No 4 Regulations. Reporting is due every 6 months.

 

 

PUBLIC LAW DUTIES

February 20th, 2026 by James Goudie KC in Decision making and Contracts

R ( INTELLIGENT LAND INVESTMENTS GROUP PLC ) v GAS AND ELECTRICITY MARKETS AUTHIRITY ( 2026 ) EWHC 336 ( Admin ) addresses public law duties of PROCEDURAL FAIRNESS, at paras 43-46 & 51/52, and REASONABLE ENQUIRY ( Tameside ), at paras 47/48, in the context of a COMPETITIVE PROCESS for an AWARD by a public authority.

 

PROCUREMENT OF CONTRACTS

February 11th, 2026 by James Goudie KC in Decision making and Contracts

There has come into effect the LOCAL GOVERNMENT ( EXCLUSION OF NON_COMMERCIAL CONSIDERATIONS ) ( ENGLAND ) ORDER 2026, S.I.2026/94. The Order enables best value authorities and parish councils in England, covered by SECTION 17 of the LOCAL GOVERNMENT ACT 1988, to reserve procurements below PROCUREMENT ACT 2023 THRESHOLDS to local or certain UK based suppliers. The reservation must be transparent, clearly notified, proportionate, and recorded with a strong audit trail. There is GUIDANCE in relation to the interaction of LOCALLY BASED RESERVATIONS with the Procurement Act and regulations. The flexibility is subject to review by the PROCUREMENT REVIEW UNIT.

 

STANDARD FORM CONTRACTS

January 19th, 2026 by James Goudie KC in Decision making and Contracts

The Supreme Court in PROVIDENT BUILDING SERVICES LTD v HEXAGON HOUSING ASSOCIATION LTD ( 2026 ) UKSC 1 has held that the contractor under a CONSTRUCTION CONTRACT which incorporates the JCT Design and Build Contract ( 2016  edition ) cannot terminate its employment under clause 8.9.4 when a right to give the termination notice referred to in clause 8.9.3 has never accrued. The established approach to CONTRACTUAL INTERPRETATION, based on the objective intentions of the contracting parties in the relevant context, applies to the interpretation of an industry wide standard form of contract.

 

PREDETERMINATION

November 24th, 2025 by James Goudie KC in Decision making and Contracts

In C ( Children : Premature Determination ) ( 2025 ) EWCA Civ 1481 the Court of Appeal observed that predetermination, or apparent predetermination, arises where a decision-maker reaches, or appears to reach, a final conclusion before being in possession of all the relevant facts.. The Court says, at paras 6-8, that there is an “ obvious difference “ between disclosure of “ provisional thinking “, for the benefit of the parties, and a “ premature arrival at a settled decision “. The first is “ acceptable “, and may be 2 beneficial “, even “ positively helpful “. The latter is “ inappropriate “ and may well be “ unjust “. This applies in the cases both of fact-finding and of evaluative judgment “. There MUST NOT be a “ premature determination “ that indicates a CLOSED MIND.

 

CONTRACTS

November 21st, 2025 by James Goudie KC in Decision making and Contracts

The Procurement Act 2023 ( Threshhold Amounts ) ( Amendment ) Regulations 2025, SI 2025/1200, revise financial threshholds for public contracts.

 

AFFIRMATION OF CONTRACT

November 12th, 2025 by James Goudie KC in Decision making and Contracts

A party cannot be held to have affirmed a contract when they did not know that the contract entitled them to terminate it : URE Energy Ltd v Notting Hill Genesis ( 2025 ) EWCA Civ 1407.