May 1999 CD

Issue 137   April 1999

Harvey on Industrial Relations and Employment Law

[Click on paragraph reference to go directly to updated material]

Division A Contracts of Employment New paras A[455] to A[457] consider recognition of the trust and confidence term and the implications of the decision in Malik on contract law, looking specifically at the cases of French v Barclays Bank plc (para A[455]), Johnson v Unisys Ltd (para A[456]), and University of Nottingham v Eyett (para A[456]). Other recent case law discussed includes: Brooks v Olyslager ONS (UK) Ltd (para A[416]); TSC Europe (UK) Ltd v Massey (para A[555.03]); Raspin v United News Shops Ltd (para A[653.02]); and GF Sharp & Co Ltd v McMillan (para A[827]).

Division B Pay, Pensions and Other Benefits This Division has been updated, and includes new material on deductions from wages at paras B[51]ff, in particular on statutory provision, and on relevant provision of the worker’s contract.

Division CI Continuous Employment, etc The issue of absence from work is expanded with a new para CI[252] which discusses Booth v United States of America.

Division E Redundancy Division E has been generally updated. Note new para E[213.01] on background to the ERA s 197, and para E[602.01] on background to the ERA s 139. The case of British Broadcasting Corpn v Farnworth is cited at paras E[814.28], E[848].

Division F Transfer of Undertakings New para F[66.05] deals with a variant on the test for establishing whether there is an undertaking or a transfer of an undertaking, in reference to several ECJ judgments. See also Brookes v Borough Care Services and Wilson v St Helens Borough Council (para F[70]).

Division M Trade Unions Paragraphs M[765.07]–[766.01] contain new commentary on elections. See material on balloting requirements, specifically nomination forms, at paras M[1019.01]–[1019.03]ff. A discussion of a union’s wish to annul an election is at paras M[1125]–[1126]. The recent case of Re Public and Commercial Services Union is dealt with at paras M[1020.01], M[1037.01], M[1114.01], and M[1325.02].

Division N Labour Relations Paragraph N[77] discusses the Employment Relations Bill and ‘workforce agreements’. The introductory section to ‘The Right to Associate’ has been rewritten under the sub-headings of (1) A human right, and (2) TULRA, see paras N[351] to N[355]. A new para N[1732.02] has been written on free movement of workers. The right to strike is discussed at paras N[1851.03]–[.04]. ‘Overseas’ is covered as part of the industrial torts at paras N[2287.03]–[.04]. New case law on ballot papers is analysed at paras N[3074.01]–[3074.04] ie University College London Hospital NHS Trust v Unison. There is a new section on the balance of convenience under interlocutory injunctions at paras N[3735.02]–[.03]. This Division is updated to include recent case law.

Division Q Statutes This Division has been generally updated. The commentary on the right to return to work has been expanded at para Q[703]n ‘General’. Recent case law includes: Lawrence v Regent Office Care Ltd (para Q[1]n); Lunt v Merseyside TEC Ltd (paras Q[76]n, Q[827]n), conditions regulating compromise contracts; CJ O’Shea Construction Ltd v Bassi (paras Q[96]n, Q[156]n); Racial Equality Council Cleveland v Widlinski (para Q[133]n); Weathersfield v Sargent (para Q[719]n); Booth v United States of America (paras Q[836]n); BCCI SA (in liq) v Ali (para Q[890]n); and Buxton v Equinox Designs Ltd (para Q[957]n).

Division R Statutory Instruments The new lower rate of statutory maternity pay, as amended by the Social Security Benefits Up-rating Order 1999 SI 1999/264, is at para R[369]. The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 SI 1996/1655 have been amended by the Personal and Occupational Amendment Schemes (Miscellaneous Amendments) Regulations 1997 SI 1997/786, see paras R[991]ff.

Tables New Supplementary Tables are provided with this Issue.

Index A new Supplementary Index is provided with this Issue.

Unreported Transcripts

MAR99.9916848 New Century Cleaning Co Ltd v Church 26 MARCH 1999

European Cases

Høj Pedersen and others v Kvickly Skive (Case C-66/96), ECJ, [1999] All ER EC 138

All England Law Reports

University of Nottingham v Eyett (No 2), [1999] 2 All ER 437, Ch D

Bulletin Numbers

Bulletin No 249 April 1999