Labour & European Law Review
12 July 2012
Statistics published last week by the Heath and Safety Executive show that the number of workers fatally injured in Britain last year barely changed from the previous year.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) state that a transfer occurs when an economic entity which retains its identity transfers to another person. In LOM Management Ltd v Sweeney, the Employment Appeal Tribunal (EAT) said that in the event of a commercial lease being reassigned, claimants have to also show that there had been a transfer of a business which was intrinsically linked to the property.
The European Equal Treatment Directive applies to access to employment, recruitment, pay and promotion. In Tyrolean Airways Tiroler Luftfahrt GmbH v Betriebsrat Bord, the Court of Justice of the European Union (CJEU) said that a provision in a collective agreement which failed to take into account service with another company within the same group when determining the pay grade was not indirect age discrimination within the meaning of the directive.