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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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