What can I do if I have been unsuccessful in bidding for a contract?
Much depends on whether the procurement process you entered to bid for the contract is in the public or private sector, as they differ significantly in terms of regulations and procedures.
For public procurement (such as local authority tendering processes for home-to-school contracts), the sector is highly regulated and subject to strict legal frameworks to ensure transparency, fairness, and accountability. The intention is to prevent corruption by ensuring the process of public spending is open to proper scrutiny.
If you have been unsuccessful in a public procurement process, you can seek various information to help you understand the authority’s rationale. You should receive a standstill letter (sometimes called an “Alcatel letter”), which informs you of the decision regarding the contract award. This letter typically includes the reasons why your bid was not successful and the characteristics and relative advantages of the winning bid.
If you are unhappy with the decision for any reason, you must act quickly. There is a short standstill period (recently reduced under the law to just eight days) after the award decision is communicated before the contract is actually awarded. During this time, you can seek further information and consider whether to challenge the award decision. After this time, you risk the contract being awarded anyway.
With private procurement (in other words, contracts awarded by limited companies or PLCs), the awarding company has much more flexibility and discretion. They can set their own policies and procedures, making it more difficult to challenge any decisions. You should still seek feedback as to why your bid was unsuccessful against the criteria and, if possible, the winning bid (anonymised where appropriate). A face-to-face debriefing session can be beneficial to deal with any misunderstandings and provide valuable insight for improving future bids.
What do I need to know about the new duty to prevent sexual harassment in the workplace?
From 26 October, operators will have a new legal duty to take reasonable steps to prevent sexual harassment in the workplace — strengthening existing protection for workers against sexual harassment.
The new duty is proactive, meaning operators must act before incidents occur to anticipate scenarios when workers may be subject to sexual harassment in the course of their employment and take “reasonable steps” to prevent it. The duty extends to the prevention of sexual harassment by any perpetrator, which includes third parties such as customers, clients and members of the public.
Operators will be expected to conduct risk assessments. The guidance issued by the Equality and Human Rights Commission (EHRC) also emphasises that all employers, regardless of size, must act, considering factors like time, cost, and potential disruption when determining the reasonableness of steps taken.
To comply with the new rules, operators should implement a range of measures beyond standard policies, such as providing specific training, monitoring complaints, and engaging staff in the process. The EHRC has also released an eight-step guide recommending the creation of anti-harassment policies, staff engagement, risk assessments, reporting procedures and ongoing monitoring of actions.
While an individual cannot bring a claim for a breach of the preventative duty in isolation, higher compensation for sexual harassment victims (up to a 25% increase in damages) could be awarded if the preventative duty is breached. Although not legally binding, the EHRC’s guidance will heavily influence tribunal decisions. Additionally, the EHRC has the power to investigate and enforce the duty, with larger operators at higher risk of enforcement action. Compliance is an ongoing responsibility, requiring regular review and adaptation of preventative measures.
[Answers by Laura Hadzik, Partner; Ben Johnson, Partner; Devon-Lee Andriés, Solicitor]
For a free legal consultation with JMW Solicitors, contact Laura Hadzik on laura.hadzik@jmw.co.uk / 0345-450 7726
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