NEWS & ANALYSIS FMJ.CO.UK
LEGAL VIEW - EMPLOYMENT
6 APRIL 2020
PAGABO ELECTS TO WAIVE
FRAMEWORK FEES FOR PROJECTS
USING COVID-19, PPN 1/20
National procurement organisation Pagabo has announced that framework fees
will be waived for any projects
procured via its frameworks
using the government’s
procurement policy note.
Issued by the UK Cabinet
O ice COVID-19, PPN 1/20
explains what procurement
options are available to
the public sector in light of
the current circumstances
the industry finds itself
in during the COVID-19
pandemic. In such exceptional
circumstances, authorities may need to procure goods, services and works
with extreme urgency. This is permissible under current public procurement
regulations using regulation 32(2)(c).
A summary of the Procurement Policy Note (PPN) gives a number
of procurement options:
• Direct award due to extreme urgency (regulation 32(2)(c));
• Direct award due to absence of competition or protection of exclusive rights;
• Call o from an existing framework agreement or dynamic purchasing system;
• Call for competition using a standard procedure with accelerated timescales;
• Extending or modifying a contract during its term.
Jason Stapley, Managing Director at Pagabo, said: “Our key mission at Pagabo
is to make procurement quicker, simpler and more e ective – and that is never
more important than in uncertain times like this. We are really pleased to see
that the government has taken steps to ensure that projects are still able to move
through the procurement process quickly in order to get any urgent, critical work
underway and keep the construction industry moving.”
IWFM PUBLISHES CORONAVIRUS
GUIDANCE RESOURCE
The IWFM has been working together with its Risk and Business Continuity Management
SIG to provide a coronavirus (COVID-19) guidance
resource for workplace and facilities managers.
In a recent announcement IWFM said: “We live in
challenging times. In the space of a week, our daily
routines have changed dramatically.
“As workplace and facilities managers, you
are among the principle agents for managing an
organisation’s response to issues like coronavirus.
“Best practice in risk and business continuity management requires those with
responsibility for safeguarding their colleagues and the public to stay informed and
up-to-date.
“We’ve collaborated with our Risk and Business Continuity Management SIG to bring
together advice and resources to help you in that responsibility.”
The institute added: “It doesn’t claim to be a definitive guide to everything, but rather a
prompt on some key issues.”
To download the coronavirus guidance resource visit https://www.iwfm.org.uk/
coronavirus-covid-19-resources.html
COVID-19 LEGAL BRIEFING FROM
THE TEAM AT IPSWICH-BASED
LAW FIRM PRETTYS
ABSENCE AND SICK PAY – Matthew Cole, Partner and
Employment Lawyer
With people beginning to question whether they are entitled
to sick pay and normal payment during self-isolation,
urgent legislation has been brought in. The Prime Minister
has announced that employers should be taking the illness
seriously and said those suff ering will get statutory sick pay
(SSP) from the fi rst day off work. The change, which is being
introduced in emergency legislation, is expected to mean an
extra £40 for people receiving SSP - which is set at £94.25 a
week and paid by employers.
The aim of this new legislation regarding payment of
statutory sick pay from day one is to ensure people with
coronavirus do not feel fi nancial pressure to come into work
and risk spreading the disease.
HEALTH AND SAFETY – Louise Plant, Head of Personal Injury
For those organisations which do need to stay open, there are
simple steps that can be taken to ensure people within the
business are kept safe from the coronavirus.
Employers should take steps such as providing staff with
sanitizing hand gel or wipes and take measures to ensure that
good hygiene is enforced across the business as far as possible.
It goes without saying that if any employees were scheduled
to travel to aff ected regions that steps are taken to consider
postponing those visits.
It is important that where there is a risk employers take steps
to ensure the chance of infection is contained so that it is not
spread further.
If you are aware that you have a pre-existing illness or
condition that makes you more vulnerable then you should fl ag
this up to your employer, in particular if there is a heightened
risk within the business.
If an employer is put on notice that one of their employees
is more vulnerable and that there is a heightened risk that
the coronavirus could impact upon their employees, then they
should undertake a risk assessment accordingly. This will take
into account employees’ vulnerabilities and take all necessary
steps and precautions to reduce the risk as far as possible to
prevent the spread of the virus.
BUSINESS CONTRACTS – Graham Mead, Partner
When it comes to contracts it is unlikely there would be a
clause that covers a pandemic. However, a Force Majeure clause
may be in place, which looks at an unavoidable catastrophe that
has the potential to interrupt any expected course of events.
The coronavirus might come under the Force Majeure clause.
This would give the parties involved the chance to be excused
from carrying out the terms of a contract or to revise it in order
to refl ect current events. The clause itself will defi ne what
qualifi es. For example, it could list pandemics, epidemics or
similar health emergencies.
If such a clause does cover the current coronavirus situation,
then a business would need to take the appropriate steps to
invoke the clause under the contract and to also understand
what this would mean. Sometimes the clause may mean the
contract is suspended, liability may be excused, extensions
of time may be granted, or the parties have the right to
renegotiate or terminate.
If you are aff ected by the coronavirus, you should check your
existing contracts now. If you are entering into a new contract
that may be aff ected, you should draft its terms clearly to
cover the outbreak.
More guidance can be sought from the NHS or the
government.
https://www.gov.uk/guidance/coronavirus-covid-19-
information-for-the-public
/coronavirus-covid-19-resources.html
/coronavirus-covid-19-information-for-the-public
