Public Sector Bulletin - 19 July 2016

Thursday, 21st July 2016

Employment

European Court of Justice confirm annual leave can be carried forward when off sick

The European Court of Justice ("ECJ") have reaffirmed their decision that scheduled annual leave can be carried forward when a worker is prevented from taking this due to sickness absence. This was in the recent case of Sobczyszyn v Szkola Podstawowa x Rzeplinie C-178/15.

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Planning

NPPG updated to reintroduce small site exemption and vacant building credit

On 19 May 2016, the Department for Communities and Local Government made several changes to National Planning Practice Guidance ("NPPG") including the reintroduction of the small site exemption for affordable housing contributions and "vacant building credit." Another notable update was the clarification of the deadline concerning appeals for applications to renegotiate unviable affordable housing requirements.

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Projects

Waiver and Estoppel: Working with contractors to resolve issues - case comment

Cornwall Council (the "Council") is severely let down by the service provided by BT Cornwall Limited ("BTC"). This was the verdict following the case of BT Cornwall Limited v Cornwall Council [2015] EWHC 3755.

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Key Contact

Elizabeth Gibson

Partner and Head of Public Sector

[javascript protected email address]
+44 (0)1392 333802


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