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Will work places snap back to normal? : Síobhra Rush comments for RTE Radio 1
24 January 2022Síobhra Rush discusses the phased return to work, which can start from today.
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Some assembly required to follow IKEA’s sick pay cut for unjabbed staff: Laura Farnsworth comments for International Employment Lawyer
Press
21 January 2022As more and more global employers consider penalising workers who refuse covid vaccinations, it has been reported that flat-pack furniture giant IKEA has cut sick pay for unvaccinated UK staff required to self-isolate following exposure to the virus. Employment Partner, Laura Farnsworth comments on issues employers considering going down this route should take into account.
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Taxi driver loses appeal concerning “worker” status
21 January 2022The Employment Appeal Tribunal has confirmed that a taxi driver working through the Mytaxi app is not a “worker” of the app operator.
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We’re all getting an extra day’s holiday this year - or are we?
20 January 2022Since the announcement of an extra bank holiday to celebrate the Queen’s Platinum Jubilee on 3 June, employees have been planning how to spend their bonus extra-long weekend. However, the legal position is not that straightforward. Some employees may find that they won’t be getting an extra day off at all.
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What the Protocol means for employment and equality law in Northern Ireland
19 January 2022While there is a renewed focus on reviewing the customs elements of the Northern Ireland Protocol following Liz Truss’ appointment as Foreign Secretary and the prospect of an Assembly election, Ciara Fulton points out that it is important to remember the important role the Protocol plays in securing the employment and equality protections which were so central to securing peace in Northern Ireland under the Belfast or “Good Friday” Agreement.
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How do you party like it’s 20th May 2020?
14 January 2022The “BYOB” gathering in the garden at Number 10 Downing Street in May 2020 has led to calls for the Prime Minister’s resignation and debate about workplace rules at that time in the pandemic. But were any rules actually broken, and what implications does this have for other employers?
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The WRC’s Report on its 2020 Decisions and Recommendations
13 January 2022The Irish Workplace Relations Commission (the “WRC”) has issued a “first of its kind” report analysing the decisions and recommendations issued by the WRC in 2020. This report highlights some trends that will be of interest to employers. In this article we summarise the key points and discuss some takeaways for employers.
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The gender pay gap and the right to switch off: Síobhra Rush speaks to RTE Radio 1
Press
12 January 2022Siobhra Rush discusses the legal challenges faced by employers as a result of the gender pay gap and the right to switch off from work.
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Senior Managers Regime, Certification Regime and Conduct Rules
Inbrief
11 January 2022The Senior Managers Regime, Certification Regime and Conduct Rules (SMCR) was introduced in response to the global economic crisis to strengthen accountability and encourage good governance. The regime requires clear allocation of responsibilities to senior managers and, crucially, makes it much easier for them to be held personally liable for governance failures. It also aims to improve awareness of conduct issues across firms and, together with increased individual accountability, deter misconduct.
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What’s happening in employment law in 2022?
05 January 2022The Covid-19 pandemic continues to dominate the agenda, but employers can still expect both legislative and caselaw developments across all areas of employment law.
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8 future of work trends for Irish SMEs: Síobhra Rush comments for Think Business
05 January 2022Síobhra Rush outlines developments SME owners need to bear in mind for 2022 with new rules and laws on the way in the areas of whistleblowing, the right to work remotely, and paid leave in the event of a miscarriage.
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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.