Harvey on Industrial Relations and Employment Law

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Commentary

Harvey on Industrial Relations and Employment Law is the definitive narrative on industrial relations and employment law and practice. It analyses the law, clarifies obscure passages and points of difficulty and fills in the practical background. The texts of all the relevant statutes and statutory instruments are set out in full, with detailed annotations. A comprehensive division of precedents completes this work.

SOURCE CURRENCY

Issue 285, December 2020

Division BI Pay
This Division has been updated generally to reflect the law as it stands on 1 September 2020. The sections on the Coronavirus Job Retention Scheme (BI [40.05]ff, BI [106.05]ff, BI [161.01]ff) have been heavily updated.

Division BII Taxation of Employment Income
This Division has been updated generally to reflect the law as it stands on 1 September 2020. The section on the Coronavirus Job Retention Scheme (BII [278.04]) has been expanded. Case law added to this division includes: Sci-Temps Ltd v Revenue and Customs Comrs FTT (BII [273.02], BII [298]); and Sheiling Properties Ltd v Revenue and Customs Comrs, UT (BII [433.07]).

Division DI Unfair Dismissal
This Division has been updated generally to reflect the law as it stands on 1 September 2020. A new chapter has been added on quantum awards for remedies for unfair dismissal (DI [3001 ff]), along the lines of the equivalent discrimination chapter in Division L. It will be expanded with additional coverage in due course.
In Phoenix Academy Trust v Kilroy (DI [522]) the issue was the perennial one of judging the repudiatory conduct necessary to found constructive dismissal. In Gallacher v Abellio Scotrail Ltd (DI [999]) the EAT affirmed that there can still be a case where an employer can argue successfully that to have gone through normal procedures would have been futile, but added the rider that any such argument is to be scrutinised particularly carefully by the ET. Still on the question of procedures, in K v L (DI [1481.04]) it was held that where an employer seeks to rely on potential 'reputational damage'; to render a dismissal fair in spite of a lack of actual proof of misconduct, possible damage must have been put to the employee at the internal disciplinary stage, in order that he or she had a fair opportunity to dispute it. Finally, in Gwnedd Council v Barrett (DI [1666.02], DI [1725.01]) it was suggested that, in a case of redundancy handling by dismissing staff and inviting them to apply for jobs available, the suspension of the normal Williams guidelines is only likely to be fair where the exercise is genuinely a 'forward-looking'; recruitment one, not where it is just a standard headcount reduction exercise.
Other case law added to this division includes: Aramark UK Ltd v Fernandes (DI [1723.02]) (redundancy; efforts to find alternative employment; chance of a job insufficient); Kelly v PGA European Tour, EAT (DI [239.04]) (when will reinstatement or re-engagement be ordered? Lack of trust and confidence); Evans v London Borough of Brent; EAT (DI [2502.04]) (compensation; finding of unfair dismissal where no compensation likely); Sanha v Facilicom Cleaning Services Ltd; EAT (DI [2509], DI [2669.01]) and Gallacher v Abellio Scotrail Ltd, EAT (DI [2546.01]) (reasonableness of dismissal; procedural factors; the significance of procedures).

Division DII Detriment
This Division is up to date to 1 September 2020.

Division E Redundancy
This Division is up to date to 1 September 2020.

Division F Transfer of Undertakings
This Division has been updated generally to reflect the law as it stands on 1 September 2020. Case law added to this division includes: ISS Facility Services NV v Sonia Govaerts, Euroclean NV, ECJ (F [4.01]) (relevant transfer; fragmentation; position under EU law); <>P14 Medical Ltd v Mahon (F [10], F [125.03]) (portability of restrictive covenants on a TUPE transfer); Patel v Specsavers Optical Group Ltd (F [88.12]) (policy considerations; tort precedents; policy against multiple contemporaneous employers); and Ferguson v Astrea Asset Management Ltd, EAT ( [134.07] ff) (variation of contract; variations which are advantageous to the employee; abuse of law).

Division G Insolvency of Employer
This Division has been updated generally to reflect the law as it stands on 1 September 2020. The section on the Coronavirus Job Retention Scheme (G [112] ff) has been expanded.

Division M Trade Unions
This Division has been updated generally to reflect the law as it stands on 1 September 2020. Case law added to this division includes: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (M [300], M [305]) (restraint on competition; the doctrine; need to justify in employment contracts); and The Musicians' Union v Kelly, CA (M [4012.01]) (interpreting the rules; reasonable interpretation; duties and powers).

Division NI Labour Relations
This Division has been updated generally to reflect the law as it stands on 1 September 2020. Case law added to this division includes: Unite the Union and Loganair Ltd, CAC (NI [916.01], NI [1147]); UNISON and We Are With You, CAC (NI [1014.02]); Bectu a section of Prospect and Whitechapel Gallery, CAC (NI [1014.04], NI [1174.04]); PCS and St James Facilities Ltd, CAC (NI [1055]); National Union of Journalists and Newsquest Media Group Ltd, CAC and Unite the Union and Charity Projects, CAC (NI [1135.01]); British Medical Association and Optima Health, CAC (NI [1136]); RMT and Carlisle Security Services Ltd, CAC (NI [1146]); and United Voices of the World and OCS Group UK Ltd, CAC (NI [1385] ff, NI [1406.02]).


Division NII Industrial Action
This Division has been updated generally to reflect the law as it stands on 1 September 2020. Case law added to this division includes: Castano v London General Transport Services Ltd, CA (NII [3588]) (health and safety detriment; designated; place of work); and Ryanair DAC v British Airline Pilots'; Association (NII [2615.01], NII [2788]).

Division NIII Employee Involvement
This Division has been updated generally to reflect the law as it stands on 1 September 2020.

Division Q Statutes
This Division has been updated for developments set out in the Harvey bulletin or other recent case law to reflect the law as it stands on 1 September 2020.

Division R Statutory Instruments
This Division has been updated for developments set out in the Harvey bulletin or other recent case law to reflect the law as it stands on 1 September 2020. The Statutory Sick Pay (General) (Coronavirus Amendment) (No 6) Regulations 2020 SI 2020/894 (R [3505]) has been added.

Division S Codes of Practice and Other Materials
This Division is up to date to 1 September 2020. The July 2020 update to 'Discipline and Grievances at Work: The Acas Guide'; has been included (S [201] ff).

Tables
New main tables are provided in this issue.

Index

A new supplementary index is provided in this issue.