By John Bowers QC, Damien Brown and Geoffrey Need
Publisher: Sweet & Maxwell
Price: £95
Divided into two volumes, this is the third edition and although not obviously written from the point of view of one or other party, it will be particularly useful to those representing applicants to the tribunal. Written in a clear, user-friendly style, it is helpful both to the specialist and the generalist.
Inevitably there are frequent references to substantive points of employment law and a sound appreciation of the substantive law is required to get the most out of this book. There are relatively few good books dealing with practice and procedure and this work is undoubtedly a very good starting point. It contains a great deal of useful information, including names and addresses, forms, a redundancy ready reckoner and the relevant regulations governing the conduct of proceedings in the tribunal.
However, the drawback of this book – in common with every other work in the field of employment law that is not in loose-leaf form and regularly updated – is that it can never be entirely up-to-date. The authors’ preface is dated September 1998 and the ‘recent cases’ in volume two summarise cases reported between May 1997 and May 1998. A quick review of the recent cases reveals that a number of them are already out of date, having either been overturned on appeal or superseded by a decision in another case. In those circumstances, as with any other reference book, it would be dangerous to rely upon the contents without ensuring that the law has not altered since the text was prepared.
Some of the changes made in employment law have been anticipated by the authors. In the section relating to alternative dispute resolutions they indicate that a new scheme for arbitration in unfair dismissal cases should come into effect in early or mid-1999. In practice, the scheme has been delayed to enable practical arrangements for it to be put in place.
Given that the book may have a limited shelf life, I have wondered whether it represents good value for money. But, for the practitioner who has limited practical experience of employment tribunal practice and procedure, it may nonetheless be a very worthwhile investment.
Rachel Dineley is an employment law partner at Beachcroft Wansbroughs. Employment Employment
