Weekly issue 539

Holiday insolvency pay

Following an appeal tribunal ruling that holiday pay includes commission payments, the Insolvency Service has announced that the decision also applies to its payments...

Safety first

Although it is generally unlawful under European law to discriminate on the basis of age, it can be justified in certain circumstances. In Fries v Lufthansa CityLine GmbH the Court of Justice of the European Union (CJEU) held that it could be justified as an appropriate means of maintaining an adequate level of civil aviation safety in Europe...

No shifting burden

The Employment Appeal Tribunal (EAT) has held in Efobi v Royal Mail Group Ltd that section 136 of the Equality Act does not impose an initial burden of proof on claimants to show discrimination. Instead a tribunal should consider all the evidence at the end of the hearing and decide whether or not there are facts from which it can infer discrimination...