IS THE ABOLITION OF BREACH OF STATUTORY DUTY IN THE ERRA LAWFUL: APIL HAVE LODGED A COMPLAINT WITH THE EUROPEAN COMMISSION

It is unlikely that many cases relating to “breach of statutory duty” have been considered  after the ERRA (largely) abolished the concept in October last year.  However the Association of Personal Injury Lawyers have lodged a complaint with the European Commission. Which has past the first hurdle and which is being considered by the European Commission.

 

Here is APIL’s note about the issue.

“Enterprise Act complaint over first hurdle

APIL’s complaint about section 69 of the Enterprise & Regulatory Reform Act has been registered by the European Commission.

This does not mean the Commission will automatically start infringement or infraction proceedings, but it is the first hurdle by which complaints which are inadmissible are filtered out.

In APIL’s view, the changes brought about by section 69 reduce the levels of protection for workers to an extent which renders the section in breach of its obligations under the Second Framework Directive [89/391/EEC].

The Commission will now consider APIL’s complaint in light of European Union law and we will be informed at a later date about whether any infringement proceedings are to be opened.”

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