Weekly Issue 315

TUPE and settlement agreements

The government’s proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (see weekly LELR 303) will benefit only employers and do nothing for the economy, Thompsons says in its response to the consultation.

Imposition of PCP

The Religion or Belief Regulations (now part of the Equality Act) state that employers cannot impose a provision, criterion or practice (PCP) which discriminates against a worker on the basis of their religion or belief, unless they can justify it.

Marginally appreciative

The Religion or Belief Regulations (now part of the Equality Act) outlaw religious discrimination. In Eweida and ors v United Kingdom, the European Court of Human Rights held that states have a wide “margin of appreciation” when striking a balance between an individual’s right to manifest their religious belief and an employer’s interest in securing the rights of others.