Suspension on Award of Fire Brigade Safety Equipment Contract Maintained

If you feel that you have been treated unfairly in a public contract tendering exercise, you are anything but powerless and should take legal advice straight away. A High Court case on point concerned the award of a contract for the supply of protective breathing equipment to a municipal fire…

Aug 11, 2021

Logan weaver wverfzupxug unsplash 683x1024

Recent years have brought significant improvements in safety apparatus used by firefighters and, against the background of the Grenfell Tower disaster, the brigade was anxious to update its officers’ equipment. A company that had provided respiratory apparatus to the brigade for 10 years was one of those who tendered for a fresh 10-year contract. The contract was, however, awarded to a trade rival after it scored higher than the company, both in terms of quality and price.

The company launched proceedings against the brigade under the Public Contracts Regulations 2015, arguing that the tendering process was seriously flawed. It asserted, amongst other things, that the rival’s tender was abnormally low and that there were manifest errors in scoring bids. The allegations were disputed by the brigade but, by operation of Regulation 95(1) of the Regulations, award of the contract was automatically suspended pending resolution of the dispute.

In rejecting the brigade’s application to lift the suspension, the Court found that the company had raised serious issues to be tried. If the suspension were lifted in error, the company would not be adequately compensated by an award of damages. The same could, however, also be said of the brigade if the suspension were maintained in error, thus delaying the award of an important contract.

The Court acknowledged that the public interest in the timely introduction of new protective equipment was a very strong factor in favour of lifting the suspension. However, the Court was in a position to accommodate an expedited trial of the dispute within a matter of weeks. Such a brief delay would not have any major impact on the progress of the equipment improvements. The balance thus came down in favour of maintaining the suspension until the outcome of the trial.

Non-Executive Directors and ‘Worker’ Status – Guideline Ruling

Can a non-executive director who receives no more than an honorarium for services that he provides voluntarily enjoy the protected status of a ‘worker’? That was the thorny issue addressed by the Employment Appeal Tribunal (EAT) in a guideline case. The case concerned a professional who was appointed to a four-year non-executive directorship of a national sporting body. In Employment Tribunal (ET) proceedings, he alleged that he had been subjected to detriments for whistleblowing. His claim…

Dismissal of ‘Anti-Zionist’ Council Employee Ruled Unfair

Employers may come under external pressure to take disciplinary action against an employee, but that is all the more reason to follow a scrupulously fair procedure. The point was made by the case of a council employee who became the focus of media attention after participating in a demonstration outside Parliament. The man worked in the council’s environmental health department. His role was not considered politically sensitive and he was free to attend demonstrations and to state his political…

Age Discrimination, Redundancy and the Burden of Proof – Guideline Ruling

Where an older employee is treated less favourably than a younger one in a similar position, the burden shifts onto the employer to prove that age discrimination had no effect on its decision-making. An Employment Tribunal (ET) made that point in the case of an administration manager who was made redundant at the age of 67. The man had worked for a car sales company for more than 20 years when he was selected for redundancy. He contended that his dismissal was pre-determined and motivated by…