Pay Policy

November 12th, 2020 by James Goudie KC in Local Authority Powers

An employer’s need to reduce staff costs is capable of being a legitimate aim. That May if the measures are proportionate justify what would otherwise be indirect age discrimination. In Heskett v SoS for Justice (2020) EWCA Civ 1487 the Court of Appeal held that a limit on pay increases had been justified, notwithstanding that it resulted in a significant slowing of pay progression for employees under 50 as compared with those over that age.


Anti-Social Behaviour

November 11th, 2020 by James Goudie KC in Local Authority Powers

An Injunction pursuant to Section 222 of the Local Government Act 1972 to restrain anti-social behaviour, “street cruising”, was upheld in Sharif v Birmingham City Council (2020) EWCA Civ 1488, notwithstanding the alternative remedy for community protection of making a Public Spaces Protection Order under Part 4 of the Anti-Social Behaviour etc Act 2014. There was a widespread problem in the Council’s area and the Council’s attempts to deal with it by means short of an injunction had been unsuccessful. Bean LJ said, at para 42, that it was “a classic case for the grant of an injunction”.


Public Sector Exit Payments

September 7th, 2020 by James Goudie KC in Local Authority Powers

Both Houses of Parliament are back in session, but there are still no draft Regulations before them for a £95K cap on exit payments. Indeed it is now apparent that this will not happen before November at the earliest. On 7 September 2020, MHCLG has issued a Consultation Paper, for response by 9 November 2020, “ Reforming Local Government Exit Pay”. This is on exit pay for local government workers in England, and specifically for those who are eligible to be members of the LGPS, with entitlement to early access to pension and to redundancy compensation pay. The consultation includes proposals for limiting pension strain cost. There are 12 consultation questions.


Welsh Text

August 3rd, 2020 by James Goudie KC in Local Authority Powers

R ( Driver ) v Rhondda Cynon Taff CBC ( 2020) EWHC 2072 ( Admin) concerns the reorganisation by the Council of reorganisation of education in the Pontypridd area, and in particular the implications for 6th forms. Fraser J found the Council to be in breach of Section 50 of the School Standards and Organisation ( Wales) Act 2013, and of the Welsh Government School Organisation Code 2013, in relation to assessing the impact of the proposals upon the Welsh language.
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Termination of Employment

July 22nd, 2020 by James Goudie KC in Local Authority Powers

The Government has, in a consultation response dated 21 July 2020, made revisions to its draft Regulations that will implement a £95,000.00 cap on exit payments in the public sector.



July 21st, 2020 by James Goudie KC in Local Authority Powers

The Government has published Guidance on Local Authority powers to impose coronavirus restrictions to support the No 3 Regulations and the procedures to be followed. The provisions include the following.
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Coronavirus Restrictions

July 20th, 2020 by James Goudie KC in Local Authority Powers

The Health Protection ( Coronavirus Restrictions) (England) Regulations 2020, S.I. 2020/750, accompanied by an Explanatory Memorandum, make provision for local authorities to give Directions relating to (1) individual premises ( Regulation4), (2) events ( Regulation 5), and (3) public outdoor events (Regulations 1 and 6-8 inclusive).

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July 17th, 2020 by James Goudie KC in Local Authority Powers

The Prime Minister has on 17 July 2020 announced that (1) Regulations will take effect on 18 July 2020 to provide local authorities in England with new powers to (i) close specific premises, (ii) shut outdoor public spaces, and (iii) cancel events; and (2: draft Regulations will be published next week setting out Central Government can intervene at a local level, by taking such actions as (I) closing whole sectors or types of premises in an area, (ii) introducing local “ stay at home “ orders preventing people entering or leaving an area, or (iii) reducing the size of gatherings.


Public Spaces Protection

July 6th, 2020 by James Goudie KC in Local Authority Powers

In Wycombe District Council v Snowball (2020) EWHC 1656 (Admin) a Public Spaces Protection Order (PSPO), made under Section 59 of the Anti-Social Behaviour etc Act 2014, was in force. The PSPO prohibited consumption of alcohol, or having an open container for alcohol, in a restricted area. The respondent was in a restricted area. He was holding an open can. It was labelled as lager. He was seen drinking from it. He refused to surrender the can. He was issued with a Fixed Penalty Notice (FPN) under Section 68 of the Act.

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May 14th, 2020 by James Goudie KC in Local Authority Powers

Numerous statutory powers are expressed in terms of what is “ expedient “ or “ necessary or expedient “. What is meant by “ expedient”? The use of the word “ expedient” suggests that “ a broad balance or judgment is to be made by the decision-maker”. So said Lieven J at para 43 in Open Spaces Society v SoS for DEFRA (2020) EWHC 1085 ( Admin ), a case on diversion of a public footpath, in accordance with Section 119 of the Highways Act 1980.