Public Sector Services
Hugh James Public Sector services
Commercial Services and
Procurement
The Hugh James commercial team has
been supporting public sector procurement and
legal teams in complying with public procurement legislation for
more than ten years. Given the present climate we are
now seeing more challenges than ever against procurement projects
thus making it essential the Regulations are followed.
The team also provides
advice on a range of commercial issues such as, day to
day support and advice to clients on the drafting, use and
interpretation of contracts. The commercial services team also
advise on commercial projects, outsourcing, information technology
and competition/state aid.
Commercial Litigation
Our public sector
lawyers are specialists in providing the public sector
with dispute management advice. Minimising costs, damage and
disruption is always critical. We provide a complete legal
service for all aspects of commercial litigation and dispute
management including:
- Judicial review
- Challenges to procurement procedures
- Contractual disputes
- Defamation claims
- Information technology disputes
- Insolvency
- Intellectual property disputes
- Liability claims
- Debt recovery
Our lawyers include trained mediators and specialists in
negotiation, mediation and other means of alternative dispute
resolution.
Employment
The Hugh
James employment team provides a comprehensive range
of services in dealing with professional and operational HR issues
and handles a variety of employment work including employment law
advice and tribunal representation, HR consultancy, and
training.
Our public sector employment experience includes:
- General and ongoing advice to a number of education
institutions on a wide variety of issues including issues around
fixed term employees, collective and individual grievances
including industrial relations disputes; policy reviews,
restructuring and potential redundancies. age discrimination and
part time pension claims.
- Advising a number of individuals in relation to issues
surrounding pay progression on the nationally agreed higher
education pay scales and retention of “silver book” terms of
employment. This has resulted in advising on a number of grievances
and potential litigation.
- Advising an education sector client throughout a difficult
disciplinary issue concerning allegations of unacceptable
professional behaviour. This led to the individual being
reported to the National Assembly under the provisions of the
Education (Restriction of Employment (Wales)) Regulations 2000. The
case was handled sensitively ensuring that both the client and
individual were protected as far as possible from potentially
damaging publicity.
- Advising public sector clients in respect of Trade Union
matters. We advised one client on how to integrate a recognition
agreement with staff consultation on a voluntary basis and resist
an application for Trade Union recognition before the CAC in
relation to the correct bargaining unit.
- Advising several public sector clients on a number of
ill-health issues, particularly with regard to employees who have
been off on long term sick.
- Advising the Wales Audit Office on a number of matters,
including issues arising out the implementation of an agreed job
evaluation process.
- Advising a large Housing Association client on the
harmonisation of terms and conditions of employment following a
TUPE transfer including complex issues regarding provision of
pension benefits. This resulted in successfully defending a multi
party claim in relation to imposed changes to terms and conditions
of employment.
- Go to our employment service information page
- Go to our HR
consultancy service information page
Property and Construction
Our property and
construction legal specialists are experienced in
delivering a full range of property services to the public
sector, including advice on major regeneration projects.
We deal with all aspects of property work including acquisitions,
disposals, leases, licences, tenancies, planning and infrastructure
agreements, collaboration and consortium agreements, commercial
land development, energy and regeneration projects, easements and
wayleaves and boundary and construction issues.
Health and Safety
Unlike other forms of
crime, proof of intent, knowledge or neglect is not a pre-requisite
to prosecution. The HSE and other enforcement agencies such as the
Police, Local Authorities and the Environment Agency enforce the
law with a presumption in favour of prosecution. Our specialist
team has extensive experience of these cases in sectors such as
construction, waste management, transport, quarries, leisure and
healthcare. The team has a UK wide practice which encompasses joint
police and HSE investigations and prosecutions as well as
Inquests.
Our experience includes
fatal health and safety prosecutions including Corporate
Manslaughter. The introduction of the Corporate Manslaughter Act
2007 will make it easier to prosecute and convict organisations in
both the private and public sectors for workplace fatalities. The
team is currently acting on behalf of one of the first companies in
the UK to be investigated for the new offence of Corporate
Manslaughter. We have presented training on corporate manslaughter
throughout the UK to sectors including Construction, Insurance and
Healthcare and have advised both local and national government
departments on the implication of this new legislation on projects
such as transport management plans.
Public Law and
Governance
The Hugh James
Corporate team regularly advises public bodies on the
incorporation of and the ongoing constitutional and regulatory
advice.
With the increasing
popularity of partnering/collaborative working and the move towards
public/private consortia, our experience in establishing and
advising on joint venture agreements and collaborative agreements
(examples of which are provided below) demonstrates that we provide
sound legal and commercial advice. We have acted on a number of
high level joint ventures and consortia and are well aware of the
legal, regulatory and public law requirements and issues that
Natural England would need to consider when entering into such
arrangements.
Go to our Corporate
page
Go to our Regulatory Investigations page
Training
The Hugh James ILM accreddiated training service is often asked
by public sector organisations to provide standard and bespoke
training courses in a variety of subject. Some specific examples
include:
- The team has developed close links with UWIC Business
School as a result of being invited to lecture students
over the past two academic years on the Law and Human Resource
Management module of the BA (Hons) Business Studies Degree.
We have lectured on the Level 1 Core Module of Legal and
Management principles on topics such as age discrimination,
Employment Tribunal practice and procedure and the settlement of
employment disputes. Our involvement has extended further to the
Level 2 option module of Law, Equality and Diversity, where we have
conducted tutorial sessions on discrimination and assisted students
in preparing for a Mock Employment Tribunal hearing, as well as
conducting Mock Tribunal proceedings.
- The team has a close connection with Cardiff University Law
School including chairing the annual mock tribunal for
students.
Go to our training
pages
Corporate Finance
The Hugh James
banking and finance lawyers are
dedicated to advising and supporting clients in respect
of their financial activities.
Whilst we receive many
banking instructions from financial lenders a large part of our
work is in acting for borrowers and, in particular, borrowers such
as housing associations, educational and charitable establishments
and other companies who are not in the mainstream, such as the
Welsh Rugby Union Limited/Millennium Stadium plc.
The team also assist
the Welsh Government’s Corporate Finance arm, Finance Wales.
We also act for the providers of grant funding.
Go to our banking and finance information page