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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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