Private outsourcing firms Serco and Sitel providing the NHS Test and Trace scheme in the UK doesn’t have a penalty feature for under-performance in the contract.

After recent issues with testing services being under provided, many people are questioning why the contract never featured an under-performance penalty to avoid a situation like this.

Many perceive the penalty law as unenforceable under the English law. This is based on the 2015 Supreme Court Judgement where the penalty law is perceived as "ancient."

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