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Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance
17 December 2021In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited) [2021] HKDC 46, the Court found that the employer had failed to provide rest days to the employee as they had been expected to have a degree of flexibility during their standby period.
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Hong Kong court upholds summary dismissal in light of employee’s secret business
17 December 2021In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
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New TUC proposals: trade unions to inform and inspire platform workers
17 December 2021The Trades Union Congress has called for trade unions to have a digital right of access to platform and gig economy workers and for the introduction of sectoral collective bargaining. These calls follow the Labour Party’s commitment that the next Labour government will give these rights and others to trade unions.
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Lewis Silkin’s Hong Kong team discuss topical issues in podcast series
16 December 2021Our Hong Kong employment team have collaborated with Conventus Law on their podcast series “Heart of the Matter – A Podcast on Legal Development from around the world”.
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Hong Kong court confirms that the implied duty of mutual trust and confidence cannot be relied upon to recover damages for loss arising from the manner of dismissal
16 December 2021In the case of Lam Siu Wai v Equal Opportunities Commission [2021] HKCFI 3092, the Court of First Instance held that the employer’s right to terminate in accordance with the terms of employment was not subject to the implied duty of mutual trust and confidence and so an employee could not rely on it to recover damages for loss arising from the manner of his or her dismissal.
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A shower of truth: government calls for evidence on use of umbrella companies
16 December 2021The use of umbrella companies is on the rise in the UK. Umbrella companies can support a more flexible and resilient labour market, but some may be misbehaving when it comes to employment and tax laws. This article explains the government’s call for evidence and what the positive outcomes might be.
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Hong Kong court confirms that suspension from partial performance of duties is not the same as suspension from employment
15 December 2021In the case of Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance recently overturned a Labour Tribunal judgment and held that an employer’s statutory right to suspend an employee from employment under Section 11 of the Employment Ordinance only applied to a complete suspension from employment and not to a suspension from partial performance of duties.
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European Commission issues draft “platform worker” legislation
10 December 2021The European Commission has released draft legislation to reform conditions for platform economy workers in the EU. The centrepiece is a proposal to create a “rebuttable presumption” of employed status if persons working via platforms fulfil at least two of five criteria. The EU would also require greater human involvement where algorithms are used to make management decisions.
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Plan B – implications for employers
09 December 2021The Prime Minister has announced that England will move to ‘Plan B’ in response to the rapid rise of cases of the Omicron variant. This article sums up the practical implications for office workers, Christmas parties, self-isolation requirements and the ongoing question of compulsory vaccination.
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Acas guidance sounds a note of caution to employers on ‘fire and rehire’
02 December 2021New guidance from Acas says that employers should “think carefully” before taking the “extreme step” of using fire and rehire practices to change their employees’ terms and conditions. Acas stresses the importance of employers first exploring all other options and consulting their employees in a genuine and meaningful way. The guidance was produced at the government’s request, but it neither changes current law nor has any formal legal status.
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New judgment further restricts employers’ scope for responding to industrial action
01 December 2021The Employment Appeal Tribunal recently interpreted the law on detrimental treatment for trade union activities in a way that limits the scope for employers to respond to industrial action. In another decision, it has now decided that participating staff may also bring claims under separate blacklisting regulations, which entitle employees to potentially far greater compensation in the form of an automatic minimum award of £5,000.
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Understanding the growing differences between employment laws in Great Britain and Northern Ireland: comparative employment law table
30 November 2021Over recent years, employment law in Great Britain (GB) and Northern Ireland (NI) has increasingly diverged. This is due to NI employment law largely remaining static, while there have been continuing significant changes in GB. Employers should be mindful of the differences when engaging staff in both jurisdictions.
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The Hospitality Industry’s Covid Balancing Act: Anna Sella writes for CLH News
26 November 2021From 19 July 2021 (dubbed 'Freedom Day' by some), the Government effectively transferred the responsibility for deciding what amounts to appropriate measures to keep workers and customers safe into individual businesses. And there is no one-size-fits-all answer - even businesses in the same sector will need to take into account very different considerations.
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Class pay gap reporting: a social mobility tool for employers?
24 November 2021There’s a growing trend in employment law towards using transparency as a method of driving change. Whilst mandatory class pay gap reporting might not be imminent, this article considers the drivers behind an increasing number of organisations reporting voluntarily in this area as a measure to address social mobility disadvantage in the workplace and identifies the legal and practical issues employers need to consider.
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Linda Hynes comments on current waiting times for employment permits in the Sunday Independent
16 November 2021Work permit staff in overtime drive to reduce delays
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Should bosses be fined for texting or emailing staff on weekends? Síobhra Rush comments on The Anton Savage Show
15 November 2021New laws in Portugal mean that bosses will be fined for texting or emailing staff on weekends or out of hours.
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Gender pay gap reporting in Northern Ireland: what’s the latest?
03 November 2021What is the latest on gender pay gap reporting in Northern Ireland? This article examines the current position and sets out some important differences between the situation in Great Britain and in Northern Ireland.
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Hong Kong employer succeeds in enforcing a 6-month non-compete clause
02 November 2021The Court of First Instance recently upheld a 6-month non-compete clause and granted an injunction against a former employee preventing him from working for a competitor of his former employer until the non-compete period had expired. This demonstrates that a well-drafted non-compete clause can be an effective way to protect the interests of an employer.
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Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies
28 October 2021In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.