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17 December 2020 / Juliet Carp
Issue: 7913 / Categories: Features , Employment , Covid-19 , Brexit
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What is ‘guidance’, & do we have to comply with it?

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Employment lawyer Juliet Carp considers the possibility that some pandemic-related ‘guidance’ may later prove to be wrong
  • The COVID-19 pandemic has led to the creation of a plethora of ‘guidance’—while not technically ‘law’, much of this guidance is underpinned by real law with which we are obliged to comply.

Where do we find English law?

We might offer the following, rather simplistic, explanation to children: laws are made by Parliament and consist of primary legislation (‘Acts’ or ‘statutes’) and secondary legislation (‘statutory instruments’ or ‘regulations’). The key difference is that secondary legislation can be passed more quickly and with less rigorous parliamentary scrutiny. Both types of legislation are implemented by our ‘executive’—ie civil servants, the police etc. Ideally, legislation should be self-explanatory. Where there is ambiguity, judges help us decide what it means and, if Parliament does not like a judge’s decision, it is usually open to Parliament to change the legislation.

In reality, things are not quite so straightforward. We have

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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