Weekly issue 65

News in brief

As of 6 April 2008, the entertainment industry has had to abide by the 2005 Control of Noise at Work Regulations.

A question of race

The law says that tribunals may draw an inference of discrimination if an employer fails to reply to a questionnaire without providing a reason, or delays doing so or provides an inadequate response.

Timely transfer

Although all rights and liabilities transfer over under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) from the transferor to the transferee, the Employment Appeal Tribunal (EAT) has said in Coutinho v Vision Information Services (UK) Ltd and Rank Nemo (DMS) Ltd (IDS 849) that the employee has to be employed at the time of the transfer to be protected.