GAZETTE
B O O K
R E V I E W S
SEPTEMBER 1993
Employment Law
By Michael Forde, The Round Hall
Press, 1992,498pp, hardback £49.50.
Dr. Forde has been prolific in producing
legal publications in recent years and in
his latest work he tackles the wide
ranging area of employment law. His
manner of treatment is well ordered
and, at a glance, the text appears
detailed and substantial but on close
examination the book is in many ways
disappointing. Dr. Forde has available
to him a wide range of information
regarding employment law and the
reader will find much commentary and
source material not available elsewhere.
For that reason, the book is a valuable
addition to one's library but not as
complete as it might have been.
Dr. Forde opens with an introductory
chapter dealing with contract, tort,
statutory duties, Constitution and then
moves to the institutions of employment
law, domestic, European and
international. Understanding the inter
relationship, particularly of the
domestic institutions, is vital to a proper
understanding of employment law in
this jurisdiction. The treatment of the
Constitution is unsatisfactory and is a
good example of the main shortcoming
of the book. The author states "the
extent to which the Constitution affects
relations between employers and
workers . . . is largely unexplored
territory". Unfortunately, as far as this
book is concerned it remains so. One
does not expect a treatise on the
Constitution in a book of this sort, but
certainly one does expect authoritative
commentary on how the Constitution
affects relations between employers and
employees. When Dr. Forde does
choose to deal with substantive points
he does so in selective fashion which
again is unsatisfactory. In this section of
the book he takes up two points "for
brief consideration" being the right to
work, which is obviously worthy of
consideration and what he calls "non-
Governmental action" which is
considerably less so. No mention is
made of the right to join a trade union
or the lack of a co-relative right to have
the union recognised -
Abbott and
Whelan
v
Southern Health Board
is not
mentioned.
In dealing in a later chapter with the
law relevant to the transfer of an
employer's business, which has
assumed major importance in recent
times, Dr. Forde has my sympathy.
Barely a month goes by without some
new decision from Europe or domesti-
cally relevant to this topic. Dr. Forde
however does not refer to sufficient
authorities for the views expressed and
in dealing with the Irish regulations
makes no reference whatever to
Regulation 7 which is of considerable
interest to practitioners, although he
touches on that regulation under the
heading "Informing and Consulting
Employees Representatives". It is this
thread running through the book that
practitioners will find frustrating. The
substance and layout gives the
impression that most, if not all,
practical employment issues are dealt
with, at the very least pointing the
reader in the direction of resolving their
problem. While assistance is given, not
nearly enough is given.
The chapter dealing with the incidents
of the employment relationship
examines the right to lay off staff,
entitlement to holidays and sick pay,
confidentiality, protection of
intellectual property, calculation of
remuneration and related topics which a
practitioner will find very useful
providing information that is neither
readily available elsewhere nor as well
collated. In the second chapter
"Personal Scope" Dr. Forde deals with
a number of useful topics including
employees excluded from legislation.
He also makes reference to the public
service which is also dealt with at
length in a separate chapter which is
most welcome. This has been an area of
law in which there has been a lot of
activity in recent years and particular
attention should be paid to its contents.
The author deals with teachers which
will be very useful material but
unfortunately when it come to
secondary teachers devotes a mere two
lines which is clearly inadequate.
Further chapters deal with the terms of
an employment contract, health and
safety at work, discrimination,
termination of employment, statutory
rights on dismissal, employers
insolvency and employees and
company law. In addition, there is a
very useful chapter on occupational
pensions which will give those who are
unfamiliar with pensions a useful
background to their operation. I was
also pleased to find a chapter devoted
entirely to income taxation. Much of
employment law practice involves the
negotiation of severance arrangements
which, if they are of any substance, are
tax-driven. An understanding of the tax
situation is vital to proper advice in any
case involving termination of
employment. While the subject matter
is welcome the treatment is less than
ideal. In referring to tax exemption on
severance payments Dr. Forde states
"the first £6,000 (sometimes less or
more) is tax free". As £6,000 is the
basic exemption on a severance
payment, then is less tax free? When is
more tax free? He refers to "top
slicing" relief but makes no reference
to standard capital superannuation
benefit. This will be frustrating for
practitioners. They may wonder why
they cannot fully understand
termination payments having read Dr.
Forde's treatment. The reason is that he
does not give enough information or
guidance. A simple list by way of
illustration of the application of tax to a
severance or termination payment
would have been most useful. Readers
will want to know how the tax
authorities treat the settlement of an
unfair dismissal claim or a wrongful
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