"Internet Law Book Book Reviews" PROVIDED BY - Rob Jerrard LLB LLM (London)

Thorogood Publishing

Thorogood Publishing: Books Reviewed in 2011


Managing In-house Legal Services
Edition: 1st
Format: Paperback
Author: Mark Prebble
ISBN: 978 185418671 3
Publishers: Thorogood
Price: £145
Publication Date: 2011

Publisher's Title Information

Managing an in-house legal department can be hugely stimulating and fulfilling. It can also be very stressful and fatiguing. It is tremendously important to take time periodically to step back from the day-to-day activities, which seem so pressing, to chart a way forward for the delivery of legal services to your organisation and to really consider the development of your team's - and your own -performance.
This is especially pertinent today, given the changes over recent years in:
How the law and in-house lawyers are perceived by business people.
The relationships between in-house lawyers and private practitioners and the ability to move between in-house and private practice.
Working practices.
Managing In-House Legal Services captures the vital elements of effective legal department management and provides a guide to the busy in-house practitioner who must balance caseload with the pressures of managing a department.

Contents

Introduction
1. Establishing an in-house team
2. Getting the balance right between in-house and external resources
3. Aligning legal services with business needs
4. Supporting the compliance effort
5. Staffing the legal service
6. Essential elements for performance
7. Developing the in-house team
8. Raising legal awareness
9. Working well with external advisers
10. What next?
Bibliography
Appendices

The Author

Mark Prebble
 
During his 21 years as an employed in-house lawyer, Mark worked for ICI and The BOC Group plc in the UK, and Biogen and SGS in Switzerland. He held the positions of General Counsel at SGS and Group Legal Adviser at The BOC Group plc. In 1998 he set up Lawyers in Business, an organisation dedicated to developing, coaching and supporting in-house lawyers and promoting more effective use of legal services by businesses.
Contributions from

Richard Norman

As an international business lawyer, Richard has worked in Europe, Asia and America for various multinational companies. He held the position of Vice President, Legal and Corporate Affairs for Dell Inc. from 1993 to 2006. He joined Dell from Tektronix, Inc. where he was European Legal Counsel based in Switzerland. Previously he worked for Hoover plc and Grand Metropolitan plc. Richard is a consultant with Lawyers in Business.
 

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.
NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.
For more information see The Solicitors Regulation Authority

Certificate of completion
Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.


EU Employment Law - A Practical Guide
Edition: 1st
Format: Paperback
Authors: Patricia Leighton, Richard Owen
ISBN: 978 185418684 3
Publishers: Thorogood
Price: £145
Publication Date 2010
 

Publisher's Title Information

This Briefing effectively explains the practical impact of law, especially case law, from the European Court of Justice and distinguishes how this law works compared with the common law and UK legislation.
It is designed to allow for those who want a comprehensive overview but also for those who wish to 'dip-in' to a specific topic. This Briefing is designed to be accessible and is targeted at employers, HR managers, legal advisors, students of employment law, and those that need to have a practical understanding about the origins, nature and detail of employment law that originates from the EU.

“This book is essential reading for anyone who needs clear and concise information on the practical effects of EU legislation in the workplace. The increased mobility of workers in the EU makes it more important than ever that EU employment legislation is understood, implemented effectively and businesses are compliant. All too often, people have found EU law inaccessible and unnecessarily complex, which is why Professor Leighton's approach in this book is so refreshing and will be valuable to so many people.” Liz Lynne MEP, Vice President of the European Parliament's Employment and Social Affairs Committee, Liberal Democrat European Employment and Social Affairs Spokesperson

Contents

Preface
About the authors
List of abbreviations
1. INTRODUCTION
The aims of this report
UK employment law
A summary
What areas of HRM practice are most affected by EU employment law?
Frequently asked questions (FAQ)
2. LAW MAKING IN THE EU (By Richard Owen)
Introduction
Soft law
Challenging legislation
Law processes
Council presidency
Legal base
Consultative bodies
Right of legislative initiative
Legislative procedures - Special legislative procedure
Legislative procedures - Ordinary legislative procedure
Social dialogue - negotiating in the shadow of the law
Delegated legislation - comitology
The UK government is not enforcing EU employment law correctly.
What can be done?
Frequently asked questions
3. A BRIEF HISTORY OF THE EVOLUTION AND KEY FEATURES OF EU EMPLOYMENT LAW
Introduction and overview of the scope and key directives
The key areas for EU legislation
The phases of development of law
Question 1 - Why do we need EU employment law at all?
Question 2 - What are the general features of EU employment law?
How different are they from UK law?
Question 3 - How interventionist should EU law be, especially the ECJ?
Question 4 - What about traditional collective labour relations?
Question 5 - Where are we now?
Impact of EU employment law to date
Impact on HR practice
A postscript… the EES
Question 6 - Why is this of relevance to HRM?
Summary points
The chapters on substantive areas of law
4. EQUAL TREATMENT OF MEN AND WOMEN
UK law
EU law
Key case-law on EU equal pay provisions
Equal treatment for men and women
5. PROTECTION OF OTHER GROUPS
FROM DISCRIMINATION 55
Part A: Other protected groups
Part B: Atypical/non-standard working
Summary points
6. FAMILY-FRIENDLY MEASURES
UK law
EU legislation
Case-law from the ECJ
Implications for HRM
Summary points
7. FREEDOM OF MOVEMENT
The UK situation
EU legislation
The legislation itself
Case-law from the ECJ
Implications for HRM
Summary points
8. HEALTH AND SAFETY AT WORK
Traditional UK position
EU health and safety law
The key Directives
Case-law from the ECJ
Implications for HRM
Summary points
9. MAKING BUSINESS CHANGES
UK traditional approaches to change
EU legislation
Case law from the ECJ
Acquired rights/transfer of undertakings
ECJ case-law
Implications for HRM
Summary points

The Authors

Professor Patricia Leighton is Emeritus Professor of Employment Law and former Jean Monnet Professor of European Law at the University of Glamorgan, Wales, UK. She was a Professor at the College of Europe from 1997 to 2005, for which she undertook a number of projects, in particular, dealing with the employment laws of EU applicant states. She has taught and undertaken research with a number of educational and governmental bodies in many EU member states and currently teaches European Law in France. She also writes on comparative aspects of law as a Visiting Academic at Monash University, Australia. Professor Leighton also works as a consultant and trainer for CAPITA Learning and Development, for whom she runs the PEEL Club (Personnel Experts in Employment Law), including hosting an annual Study Visit to EU institutions and law makers in Brussels. She also contributes to the seminars, policy development and publications of a number of organisations that support and advise fl'3fexible workers, such as contractors and freelance workers. She is the author of several books on employment law and contributes to leading academic and practitioner journals. Her recent publications include Out of the Shadows: Managing Self-employed, Agency and Outsourced Workers (2007) with M Syrett, R Hecker and P Holland (Butterworth Heinemann) and Effective Recruitment: A Practical Guide to Staying within the Law 2nd Edition, 2009) (Thorogood Publishing). Professor Leighton is a member of the European Movement.
Richard Owen, who contributed Chapter 2 of this book, is Associate Head of the Law School at the University of Glamorgan. He is an established author in European Law having written texts on EU Law and Tort. He also writes and lectures for Law in a Box (www.lawinabox.tv).

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.
NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.
For more information see The Solicitors Regulation Authority

Certificate of completion

Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.


Review
 
Since the Treaty of Rome of 1957, social policy has been a responsibility shared between the EU and its Member States, with the latter having a predominant role. The Lisbon Treaty, which entered into force on 1 December 2009, has not changed this situation, which reflects the political will of the majority of the Member States to play a primary role in social policy (see J-C. Piris, The Lisbon Treaty - A Legal and Political Analysis, Cambridge University Press, 2010, at 313).

Against this background, EU Employment Law - A Practical Guide, provides an overview of the development and approach to key areas of employment law from an EU and UK perspective.Written by an authority in the field of employment law Patricia Leighton, Professor Emeritus of Employment Law, assisted by Richard Owen, Associate Head of the Law School at the University of Glamorgan, who contributed to Chapter 2, the book is divided into ten chapters. It summarises key EU legislation on employment.It considers a range of areas of employment law by providing an overview of EU and UK law and case law of the European Court of Justice and summarises the implications.

After a short introduction in Chapter 1, Chapter 2 provides a summary of the EU legislative process, while Chapter 3 contains a brief history and evolution of key aspects of EU employment law. The range of areas addressed in Chapters 4 to 9 includes: equal treatment of men and women (Chapter 4); protection of other groups from discrimination, namely, defined members of protected groups (race and ethnicity, disability, sexual orientation, age and religion and belief) and non-discrimination based on the type of work pattern (part-time work, fixed term work, temporary agency work and homeworking or teleworking) (Chapter 5); family related matters (maternity rights, parental leave and time off for domestic emergencies) (Chapter 6); freedom of movement (freedom of movement for workers, freedom of establishment for firms and professionals, mutual recognition of qualifications, freedom to provide services cross-border and posting of workers cross-border) (Chapter 7); health and safety at work (Chapter 8); and the consequences of making business changes (Chapter 9).It also provides a list of helpful websites, books and articles (Chapter 10).

The book usefully compares EU and UK perspectives on employment law and provides practical suggestions, on specific issues.It does not however go into great detail on any specific subject.

At times its over-simplification borders on misconstruing basic elements of EU law.For example, while discussing the ways to challenge EU legislation, page 15 states that “...a UK court can temporarily declare EU secondary law invalid” and page 25 states that “if a national court declares EU law invalid it must refer the case to the ECJ”. That is not exactly correct. The Court of Justice has clarified that national courts do not have the power to declare acts of EU institutions invalid (see judgment in Case 314/85, Foto-Frost [1987] ECR4199, paragraphs 15 and 20). However, the Court of Justice has also affirmed that, in cases of serious doubts about the validity of EU legislation, national courts have the power to suspend, in order to grant interim relief, enforcement of a national measure adopted on the basis of EU legislation and refer the case to the Court of Justice (see judgment in joined Cases Cand CZuckerfabrik Süderdithmarschen and Zuckerfabrik Soest [1991] ECR I415, paragraphs 21 and 33). In other words, UK courts, when asked to grant interim relief in cases where serious doubts about the validity of an EU act are raised, can only temporarily suspend a national measure (and not EU primary or secondary legislation) adopted on the basis of an EU Act and must refer the case to the ECJ.

It also contains the odd factual inaccuracy.For example, at page viii the Single European Act is wrongly referred to as 1973 when it was signed in 1986. The same can be said for the Treaty of Amsterdam, wrongly referred to as 1998 when it was signed in 1997 and to the Lisbon Treaty, wrongly referred to as signed in 2009 when it was signed in 2007.

Furthermore, it does not explain that the entry into force of the Lisbon Treaty has changed the name of the EC Treaty to the Treaty on the Functioning of the European Union.
Comprising only 119 pages of relatively large text, EU Employment law - A Practical Guide is compelling easy reading to fill a basic knowledge gap.For the non-lawyer and for the non EU specialised lawyer, the book meets its aims and for that it is to be commended. On the contrary, those seeking to rely on it for more than a short introductory guide may wish to consider whether their £145 could be better spent elsewhere.

Riccardo Sciaudone



Applying the Employment Act 2002
Edition: 2003
Format: Paperback
Author: Audrey Williams
ISBN: 978 1854182536
Publishers: Thorogood
Price: £99
Publication Date: 2003
 

Publisher's Title Information

Whether you share the Government's confidence or not, one thing is sure: the Act represents a major shift in the commercial environment, with far-reaching changes for employers and employees.
The majority of the new rights under the family friendly section took effect in April 2003 with most of the other provisions coming into force at the end of the year. The consequences of getting it wrong, for both employer and employee, will be considerable - financial and otherwise.
The Act affects nearly every aspect of the work place, including:
1 Flexible working
2 Family rights (adoption, paternity and improved maternity leave)
3 Changes to internal disciplinary and grievance procedures
4 Significant changes to unfair dismissal legislation
5 New rights for those employed on fixed-term contracts
6 The introduction of new rights for learning representatives from an employer's trade union
This specially commissioned report examines each of the key developments where the Act changes existing provisions or introduces new rights. Each chapter deals with a discreet area.

Who should buy this Report

HR managers and directors
HR advisors and consultants
In-house lawyers
Employment lawyers
 

Contents

1 Disciplinary procedures and unfair dismissal rights
Notification to employees
Contractual right to statutory procedures
The employer's procedures
Impact on unfair dismissal awards
When will the new procedures have to be applied?
Grievance procedures
2 Flexible working
Types of flexible working
Refusing the request
Limited recourse - the Employment Tribunal
Tribunal compliant - time limits
Range of working arrangements
Future protection
3 New family rights
Maternity leave entitlement
Adoption leave rights
Paternity leave and paternity pay
4 Fixed-term workers
What rights are provided?
Complaints about less favourable treatment
Legal changes to the contract itself/re-writing the fixed-term contract
Detrimental and less favourable treatment outlawed
Redundancy exclusion - repealed
5 Equal pay questionnaires and other changes
Equal pay questionnaires
Key points for a complainant
Obligations on the respondent
Confidentiality
Implementation dates
6 Employment Tribunal changes
7 Training and skills
work focused interviews
Union learning representatives

The Author

Audrey Williams qualified as a Solicitor in 1989 and is now a Partner in the
Employment Law Team at Eversheds. She is a Member of the Chartered Institute of Personnel and Development. She has particular expertise in Discrimination, Harassment, Equal Pay and Disability Discrimination.
Whilst the majority of her work is conducted on behalf of employers, she has
represented employees in a number of key discrimination cases, including one
of the first transsexual discrimination cases. Audrey also undertakes cases for
the Equal Opportunities Commission in Wales.
Audrey has particular experience of undertaking advocacy in large and complex tribunal cases on unfair dismissal and discrimination - the longest running to 13 days!
Frequently undertaking reviews of equal opportunities, maternity, harassment,
discipline, grievance and counselling policies, Audrey has assisted Clients in
providing training to establish these policies within the workplace.
She has written a number of books on aspects of employment law including
Croner's Guide to Contracts of Employment (which she co-authored). She is a regular contributor to the Law at Work column in the IPD's People Management magazine, CCH's Management Newsletter and Croner's Discrimination and Pay & Benefits Briefings. Audrey's latest publication with Jordans is Harassment at Work, written in conjunction with two Eversheds colleagues. She is a member of the Employment Lawyers Association, Discrimination Law Association and the Institute of Directors, and is a listed expert in both 'Chambers & Partners' and the 'Legal 500'.


The A-Z of Employment Practice
Edition: 5th
Format: Ring-bound , 700 pages
Author: David Martin
ISBN: 978 185418713 0
Publishers: Thorogood Publishing
Price: £95
Publication Date:
 

Publisher's Title Information
 
This book comes at a time when managers are faced with still more new legislation, obligations and potential penalties. This is an essentially practical book: in a straightforward, no-jargon manner it explains what the law is and then what to do, providing expert advice on every aspect of employment practice from recruitment, pay and incentives to maternity/paternity leave, personnel records, contracts, holidays, harassment, discipline and grievance procedures and performance management. Case studies of tribunal decisions add valuable extra guidance.
 

The Author
 
David Martin FCIS, FCIPD, FIoD has many years' experience as a listed PLC Company Director and Secretary, consultant and author. For the last 21 years he has run his own consultancy, Buddenbrook, carrying out projects for a range of clients, large and small.

He is a regular seminar speaker and author of over 40 books including The company secretary [The Institute of Chartered secretaries] and The Company Director's Desktop Guide and Discrimination law and employment issues.
 

Reviews
 
This book covers everything you need to know about good employment practice … This is a really useful book. Every manager should have one.'
Professional Manager

'This book will be of value to all businesses, particularly perhaps smaller businesses where the director/owner needs to be his or her own personnel or HR manager … a valuable guide for every manager and would-be leader.'
John Sunderland, Chairman, Cadbury Schweppes PLC
 

Contents
 
Absence 3
Access 13
Accidents 19
Addictions 31
Adoption 37
Age discrimination 41
Agency workers 49
Appeal 53
Application for employment 61
Appraisal 71
Benefits 87
Bullying 91
Capability 103
Communication 111
Constructive dismissal 117
Contract 123
Corporate social responsibility 135
Counselling 143
Data protection 147
Deaths 151
Dignity at work 157
Disability discrimination 173
xxi
Discipline 179
Dismissal 195
Electronic communications 211
Emergency leave 221
Employee rights 225
Ethics 233
Expenses 241
Familiarisation 251
Fighting 259
Fire 265
First aid 271
Fixed term contracts 277
Flexible working 281
Garden leave 297
Grievance 305
Handbook 311
HIV/AIDS 321
Holiday 325
Homeworking 335
Human Capital Management 347
Implied terms 353
Investigation interviews 361
Job description 371
Keeping the team 379
Leave 389
Loans 399
Maternity rights 407
Medical records 429
Military service 433
National minimum wage 439
Notice boards 447
Organisation charts 455
Outplacement 459
Part-time employees 469
Paternity rights 473
Payment in lieu 479
Pay policy 483
Preservation of records 491
Probationary period 497
Pseudo-employees 503
Qualifications 513
Quality circles 517
Recruitment 527
Redundancy 543
References 561
Rehabilitation of offenders 569
Relocation 575
Retirement 581
Searching employees 593
Sickness 597
Stress 609
Suggestion schemes 619
Termination checklist 627
Terrorist activity 633
Theft 637
Training 645
Tribunals 653
TUPE 669
Unions 677
Vehicles 685
Wage payment 697
Whistleblowing 709
Working overseas 715
Working time regulations 719
Works Councils 729
Xmas celebrations 741
Young workers 747
Zeitgeist 753
Table of cases


Employee Sickness and Fitness for Work
Edition: 2nd
Format: Paperback (Report) A Thorogood Special Briefing
Author: Gillian Howard
ISBN: ): 978 185418755 0
Publishers: Thorogood
Price: £145
Publication Date:
 
Publisher's Title Information

The second edition of this Report will show you how to get the best out of your employees, from recruitment to retirement, while protecting yourself and your firm to the full. Through understanding the law on recruitment this Report will enable you to effectively manage employee sickness and avoid costly liabilities. Did you know that you don't have to accept every doctor's certificate for sickness absence? Again, were you aware that not all duties are suspended when off sick? The Report is filled with constructive advice and guidance on regulations.
Topics covered in this Report include:
The law on recruitment
Assessing health whilst in employment
Short-term, persistent absence
Long-term or acute sickness absence
Work-related illness or injury
Disability discrimination - latest law and case study
Medical ethics
 
CHAPTER ONE-THE LAW ON RECRUITMENT
How do you form a contract?
Conditional offers
Medical assessment by non-medical personnel
What is confidential?
What do managers need to know?
Disability Discrimination - the impact of the Equality Act 2010
'Lying' about medical conditions
When is a medical examination necessary?
The purpose of pre-placement medical assessments
Assessing fitness for work
Medical standards
Legal duty of care
Breach of human rights?
 
SUMMARY
CHAPTER TWO - ASSESSING HEALTH WHILST IN EMPLOYMENT
Health surveillance
Warnings
Examinations and assessments when at work and off sick
Medical reports
SUMMARY
CHAPTER THREE-SHORT-TERM, PERSISTENT ABSCENCE
Authorised absence
Categories of sickness absence
Importance of following fair procedures
Procedure for short-term, persistent, intermittent absenteeism
Obtain medical evidence
Commercial factors
'Warnings' or 'Cautions'
Dramatically improved attendance
Unreliability
Reliability
Opportunity to appeal
Fair reason for dismissal - Some Other Substantial Reason (SOSR)
The nature of absence control policies
Concern about publishing 'acceptable levels'
Customised self certificates
Genuine absences caused by genuine sicknesses are SOSR for dismissal
Appropriate penalties
Letters to employees
Status of medical statements ('Fit Notes')
Absence control policy - short-term, intermittent, persistent absenteeism: Communication to staff
Dealing with the malingerer
SUMMARY
CHAPTER FOUR - LONG-TERM OR ACUTE SICKNESS ABSENCE
Long-term or chronic sickness cases
Underlying medical condition
Obtaining a medical report
Human rights issues
Consult the employee and allow an independent report where relevant - this takes the place of warnings
Consultation is essential in the normal case
The employer is expected to keep in personal touch
Not all duties are suspended when off sick
Employers are not expected to accept a medical report without question
The role of the medical expert - disability cases
Failure by a doctor to investigate the nature of the illness
Occupational Health Adviser versus Specialist
A third medical opinion
New medical evidence
Alternative employment
Frustration of contract
Permanent Health Insurance (PHI) terms in a contract
Compensation reduced for contributory fault
Absence without permission
Personal injury claims and PHI
Conduct during sickness absence
SUMMARY
CHAPTER FIVE-WORK-RELATED ILLNESS OR INJURY
Concerns for employers
Work Related Upper Limb Disorders (WRULDS)
Duty to warn and train
Warnings
What makes an employer guilty of negligence?
The Court's views on work-related injuries
The 'egg shell skull' principle
Some prescribed diseases
Stress and mental illness
Alcohol and drug abuse
SUMMARY
CHAPTER SIX - DISABILITY DISCRIMINATION - LATEST LAW AND CASE LAW
Meaning of 'disabled'
How do the tribunals determine whether someone is 'disabled' within the means of the Act?
Employer's knowledge of the disability
What do employers need to know?
Justification in refusing to employ
What is 'disability discrimination' under the Equality Act?
The role of the medical expert
Some practical advice
Guidance for a policy
SUMMARY
CHAPTER SEVEN - MEDICAL ETHICS
Why is the duty of confidence so vital?
The law and confidentiality
Regulatory bodies
Professional codes
Occupational physicians and nurses
Confidentiality clauses in contracts/manuals
What is 'disclosure'?
Disclosure to the employer and/or to the insurance company
Exceptions to the rule of confidentiality
Informed consent
Consent can be ordered by the Courts
Defining 'confidential' information
Disclosure without informed consent
Unauthorised disclosure can also lead to libel action
Data protection
Alcohol and drug testing - the legal implications
Testing for HIV
Other forms of testing
SUMMARY
Useful websites and guidance
APPENDICES
Appendix 1: Data Protection Act 1998
Appendix 2: Medical consent form
Appendix 3: Sickness absence model letters
Appendix 4: Long-term absence letters and policies
Appendix 5: Medical questionnaire for WRULDS
Appendix 6: Alcohol and drug testing policy
Appendix 7: Draft policy on controlled (illicit) substances
Appendix 8: Confidentiality clause example
Appendix 9: List of cases

The Author
 
Gillian Howard is an Employment and Medical Negligence lawyer with twenty years' experience and the author of numerous publications including Drafting Contracts of Employment (Tolley) and the legal chapters for Fitness for Work - Medical Aspects 3rd edition (The Royal College for Physicians). She is an Honorary Fellow of both the RCP's Faculty of Occupational Medicine and the Institute of Occupational Medicine in the University of Birmingham. She lectures widely at both public and in-house seminars.

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.
NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.
For more information see, The Solicitors Regulation Authority
Certificate of completion
Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.


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