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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 extra layers—for example, interaction with the European Convention on Human

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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