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Professional briefing - The Journal Online

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<strong>Professional</strong> <strong>briefing</strong> Book reviews<br />

Blackstone’s Employment<br />

Law Practice: 4th edition<br />

(Ed) John Bowers<br />

and others<br />

PUBLISHER: BLACKSTONE<br />

ISBN: 0 19 955661 8<br />

PRICE: £69.95<br />

A perennial complaint of the hard<br />

pressed employment practitioner is<br />

the need to lug around a variety of<br />

reference books and materials when<br />

attending hearings.<br />

For many reasons, not least the<br />

practitioner’s back, the fourth edition<br />

of Blackstone’s Employment Law Practice<br />

will prove a valuable resource to<br />

anyone, whether legally qualified or<br />

not, who advises and represents<br />

clients on employment-related issues.<br />

In one portable volume the authors<br />

have produced a practical and clearly<br />

set out guide to raising and fighting<br />

claims in the employment tribunals<br />

and higher courts.<br />

<strong>The</strong> book covers almost everything<br />

one needs to know about practice and<br />

procedure in the employment<br />

tribunal and the employment appeal<br />

tribunal, and ventures into more<br />

esoteric areas including higher<br />

(English) court procedures and<br />

references to the European Court of<br />

Justice, among others. Of particular<br />

practical use are the sections dealing<br />

with compromise agreements and the<br />

tax treatment of termination<br />

This text provides both the annotated<br />

statute and the criminal procedure<br />

rules. <strong>The</strong> fact that the text is in its<br />

eighth edition is testament to the<br />

payments, including an example style<br />

compromise agreement with drafting<br />

notes. Practical guidance is also<br />

included in relation to the issues that<br />

frequently arise in tribunal hearings<br />

in relation to calculation of awards<br />

and assessment of damages.<br />

Practitioners will also benefit from<br />

the appendices which include extracts<br />

from selected legislation, practice<br />

directions, codes of practice,<br />

summaries of the main cases<br />

frequently referred to in hearings<br />

and, more unusually,<br />

financial information<br />

(for example motoring<br />

costs guides) that will<br />

assist in calculating<br />

loss at hearing.<br />

While the majority of<br />

the text is concerned with<br />

tribunal and other courts’<br />

procedures (including remedies<br />

available), the book also addresses<br />

the substantive law in the areas most<br />

likely to arise at tribunal, including<br />

dismissal, redundancy,<br />

discrimination, equal pay, unlawful<br />

deductions and the transfer of<br />

undertakings. <strong>The</strong> authors do not<br />

claim to cover the substantive law in<br />

great detail, but these sections<br />

contain a useful summary of the<br />

main legal and practical issues.<br />

Tolley’s Employment Law<br />

Handbook, currently in its 22nd<br />

edition, takes the opposite<br />

approach to Blackstone’s, and<br />

Criminal Procedure (Scotland) Act 1995: 8th edition<br />

Dr Robert Shiels<br />

and others<br />

PUBLISHER: W GREEN<br />

ISBN: 0 414 01759 7<br />

PRICE: £82<br />

www.lawscotjobs.co.uk<br />

scholarly, concise and up-to-date<br />

annotations undertaken by four<br />

renowned experts in the field of<br />

criminal law.<br />

Editions of annotated statutes are<br />

generally seen as not being a<br />

substitute for textbooks on the chosen<br />

area. While this is equally true in<br />

criminal procedure, the annotations to<br />

this statute are so clear and readable<br />

that they provide an excellent<br />

grounding for understanding the<br />

Suggestions<br />

for future<br />

books<br />

<strong>The</strong> Book Review<br />

Editor is David J<br />

Dickson. Books for<br />

review should be sent<br />

c/o <strong>The</strong> Law Society<br />

of Scotland, 26<br />

Drumsheugh Gardens,<br />

Edinburgh EH3 7YR<br />

is primarily designed as a reference<br />

book dealing with the substantive<br />

law, rather than a guide for<br />

practitioners in the tribunal.<br />

Tolley’s is stronger on black letter<br />

law, though in practice, for the upto-date<br />

legal position, practitioners<br />

are likely to refer to Harvey on<br />

Industrial Relations & Employment<br />

Law, or IDS online.<br />

Where appropriate, Blackstone’s<br />

highlights the differences in legislation<br />

between Scotland and England,<br />

though less attention is paid to the<br />

differences in the practice of tribunals<br />

north and south of the border in<br />

respect of matters including the use of<br />

witness statements (rare in Scotland<br />

but common practice elsewhere), the<br />

order of closing submissions, and the<br />

provision of skeleton arguments<br />

before the EAT (again not normal<br />

practice in Scotland).<br />

<strong>The</strong> law is up to date as at January<br />

2009. In an area of law that is subject<br />

to as frequent change as employment<br />

law, such volumes can quickly become<br />

out of date. It is promised that the<br />

book will be updated annually.<br />

In summary, although the book<br />

would have been stronger if it had<br />

cross-referenced the main text with<br />

the relevant cases summarised in the<br />

appendices, it is well presented and<br />

thorough, and will prove a useful aid<br />

to tribunal practitioners.<br />

Donald MacKinnon, Law at Work<br />

statute and its increasing number of<br />

sections (eight pieces of new<br />

legislation are taken into account in<br />

this edition) and their complexity.<br />

We were all taught that anyone<br />

appearing in court ought to have with<br />

them, any statute they intend to refer<br />

to. This text is an absolute must for<br />

anyone who practises before the<br />

criminal courts.<br />

David J Dickson<br />

December 09 the<strong>Journal</strong> / 51

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