Labour & European Law Review
17 May 2012
Last week’s Queen’s speech contained a number of proposals outlining changes to employment regulations which, according to the government, will support economic growth and cut the “burden on business” by reducing so-called unnecessary legislation.
For a service provision change to take place under the Transfer of Undertakings (Protection of Employment) Regulations 2006, the “activities” pre and post-transfer have to remain essentially the same. In Johnson Controls v UK Atomic Energy Authority, the Employment Appeal Tribunal (EAT) said that tribunals must carry out a holistic assessment in order to decide whether they have or not.
Under the 2006 age regulations, employers are obliged to tell employees of their right to request not to be retired. The Court of Appeal has said in R&R Plant (Peterborough) Ltd v Bailey that employers also have to tell employees to specifically stipulate they are making the request under paragraph 5 of the regulations.