Labour & European Law Review
01 December 2011
The government this week published a review into health and safety legislation which has found that existing health and safety requirements are “broadly right”.
The law requires employers to make reasonable adjustments for disabled employees in the workplace. In Cordell v Foreign and Commonwealth Office (FCO), the Employment Appeal Tribunal (EAT) said that although the cost of an adjustment was not necessarily decisive as to whether it was reasonable, that did not mean it was not relevant.
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), employers are prohibited from making changes to contracts if they are connected to the transfer. In Smith and ors v Trustees of Brooklands College, the Employment Appeal Tribunal (EAT) said that, in order to decide whether they are, Tribunals must ask what was in the mind of the employer when they made the variation.