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 283, August 2020

Division BI Pay
This Division has been updated generally to reflect the law as it stands on 1 May 2020. There is extensive, detailed discussion of the Coronavirus Job Retention Scheme, the definition of deemed incapacity under the Coronavirus Act 2020 and associated regulations, sickness absence and SSP, and other employment issues raised by the pandemic (BI [10] ff, BI [38.07], BI [40.05] ff, BI [46.05], BI [64] ff, BI [106.01] ff, BI [131.01], BI [146.02], BI [161.01] ff, BI [178.05], BI [188.01], BI [306.01], BI [317.01]). There is also detailed discussion of the National Minimum Wage (Amendment) (No 2) Regulations 2020 (BI [196.02], BI [202.01], BI [203.08], BI [208.03] ff, BI [228], BI [230.01], BI [230.03] ff), and the Government's response to its consultation document `National Minimum Wage: Consultation on Salaried Workers and Salary Sacrifice Schemes' (BI [192.01]). Case law added to this division includes: ICTS (UK) Ltd v Visram, CA (BI [50.02]); R v Secretary of State for the Home Department ex parte Badmus, CA (BI [180]); Revenue and Customs Comrs v Middlesbrough Football and Athletic Company (1986) Ltd, EAT (BI [202.10] ff, BI [203.04]) (national minimum wage; items that reduce NMW pay; deductions and payments); and Gilham v Ministry of Justice, SC (BI [327.07]) (the meaning of ‘worker'; the use of the term in the legislation; judicial officeholder).

Division DI Unfair Dismissal
This Division has been updated generally to reflect the law as it stands on 1 May 2020. The two chapters on remedies for unfair dismissal have been heavily rewritten and expanded (DI [2371] ff, DI [2501] ff). In addition, three EAT decisions in this Issue are of note. In East Coast Mainline Co Ltd v Cameron () it was held that a matter such as length of service is irrelevant where the claimant is claiming wrongful dismissal at common law, not unfair dismissal under statute. In Williams v Alderman Davies Church in Wales Primary School (DI [541.03]) the EAT considered constructive dismissal in the context of the 'last straw' doctrine, where that straw is not in itself repudiatory. Lafferty v Nuffield Health (DI [1481.03]) concerned the always difficult area of dismissal not for proved misconduct but because of a danger that the employee might pose to vulnerable clients.

Division DII Detriment
This Division has been updated generally to reflect the law as it stands on 1 May 2020. In Castano v London General Transport Services Ltd (DII [79]) the claimant, a bus driver, claimed special protection as a health and safety representative because of general duties on him while driving, but the EAT held that that protection can only apply to an employee officially `designated' as such a representative by the employer.

Division E Redundancy
This Division has been updated generally to reflect the law as it stands on 1 May 2020. A new section has been added on Brexit (E [813.01] ff)in relation to the Collective Redundancies Directive.

Division F Transfer of Undertakings
This Division has been updated generally to reflect the law as it stands on 1 May 2020. Case law added to this division includes: Metroline Travel Ltd v D'Auvergne, EAT (F [110.03] ff) (a ‘meal relief payment' was capable of being enforced against a transferee, but only if contractual); and Ferguson v Astrea Asset Management Ltd, EAT (F [134.07]) (variation of contract; variations which are advantageous to the employee; abuse of law).

Division M Trade Unions
This Division has been updated generally to reflect the law as it stands on 1 May 2020.

Division NI Labour Relations
This Division has been updated generally to reflect the law as it stands on 1 May 2020. Case law added to this division includes: BMA and Ministry of Defence, CAC (NI [1164.01], NI [1200]); Unite the Union and London City Airport Ltd, CAC (NI [1237], NI [1283]); and Unite the Union and TE Connectivity Ltd, CAC (NI [1334]).

Division NII Industrial Action
This Division has been updated generally to reflect the law as it stands on 1 May 2020. Case law added to this division includes: Adam v Pollock, CA (NII [1100], NII [1103]) (the tort of Lumley v Gye; knowledge and intention; effect of legal advice); Secretary of State for Health v Servier Laboratories Ltd (NII [1451], NII [1482]); and Kudrevicius v Lithuania, ECHR, DPP v Ziegler, and Cuadrilla Bowland Ltd v Persons Unknown, CA (NII [3220], NII [4227]).

Division NIII Employee Involvement
This Division has been updated generally to reflect the law as it stands on 1 May 2020. Case law added to this division includes Verizon European Works Council and Verizon Group, CAC (NIII [652.02], NIII [821.10], NIII [852]).

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 May 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 May 2020. The following have been added: the Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay (Normal Weekly Earnings, etc) (Coronavirus) (Amendment) Regulations 2020 (R [3466]); the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) Regulations 2020 (R [3473]); and Statutory Sick Pay (General) (Coronavirus Amendment) (No 4) Regulations 2020 (R [3486]).

Division S Codes of Practice and Other Materials
This Division is up to date to 1 May 2020. The First Revision to the Fourth Edition of the Employment Tribunals' Principles for Compensating Pension Loss has been included (S [3201] ff).

Tables
New main tables are provided in this issue.

Index >A new supplementary index is provided in this issue.