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Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
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Transferee not party to TUPE claim should appeal to EAT for suspension of re-engagement order
09 September 2020The Court of Session (CS) in Scotland has ruled that a transferee who had not been a party to the original Employment Tribunal (ET) claim, but had a re-engagement order made against it, could only seek the suspension of that order by appealing to the Employment Appeal Tribunal (EAT). The transferee could not apply directly to the CS to have the order suspended.
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Check your tech to help put the fizz back in your biz!
03 September 2020Following Jeremy Hunt’s recent comments about the buzz, creativity, fizz and excitement that office working can bring, many employers will be considering how best to manage the return to work process as safely as possible.
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A Hong Kong legal perspective The cost of ignoring employees mental health Kathryn Weaver
02 September 2020Kathryn Weaver speaks to Human Resources Online on how employers can manage the mental wellbeing of their employees returning to the office in Hong Kong after months of lockdown isolation.
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Are employees in Hong Kong required to take Covid-19 tests? Key employer considerations
02 September 2020In order to detect and cut any invisible transmission chains of COVID-19 in the community, the Hong Kong Government launched the Universal Community Testing Programme (the “UCTP”) on 1 September 2020, providing one-off free testing services to all Hong Kong residents.
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Positive action speaks louder than words - five principles for employers
02 September 2020This article explores the legal limits of positive action in the workplace, including the situations where it is permissible to give preferences on gender or ethnicity grounds to make up for historic lack of opportunity, and what employers can and cannot do to improve diversity in their shortlists or hiring slates.
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Ireland: Increase in parental leave entitlements from 1 September 2020
01 September 2020As explained in our previous post from last year, from today, 1 September 2020, unpaid parental leave entitlement in Ireland increases from 22 weeks to 26 weeks.
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Engaging contractors through an agency – what are the legal issues when the contractor uses a limited company?
01 September 2020This article looks at the key points businesses should consider when seeking to engage contractors through an agency, with a focus on contractors who use their own limited company or personal services company.
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How is Covid-19 affecting Employment Tribunals?
27 August 2020Covid-19 has created a significant backlog problem in the Employment Tribunal. Employers are increasingly likely to see claims relating to furlough and/or a safe return to work, and many hearings will be dealt with remotely.
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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
27 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.
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UK immigration strategies for EEA business travellers and workers from 2021
27 August 2020EEA nationals and their employers are now turning their minds towards how frequent business/work travellers and cross-border commuters can continue to come to the UK from 2021. For some, the best solution may be offered by the EU Settlement Scheme (EUSS), but there are also other options to consider.
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Transforming firm culture: Emma Richardson writes for The Law Society Gazette
26 August 2020The International Bar Association’s May 2019 report 'Us Too' showed what many of us suspected – that sadly, there is a widespread culture of bullying and harassment in parts of the legal profession.
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Could you be fired in Hong Kong for creating a “negative impression” on social media during your probation period?
26 August 2020Hong Kong’s Civil Service Bureau recently issued an internal memo, which was leaked to the press, that said department heads should dismiss employees on probation if they have been charged on suspicion of taking part in “unlawful public activities targeting specific or general policies, and/or decisions of the government”, e.g. unlawful protests.
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Your ten point plan for the Autumn
26 August 2020This infographic sets out ten key considerations for employers following the Covid-19 pandemic.
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Algorithms and employment law
25 August 2020This article explains why claims about algorithms and discrimination are likely to become more common in the years ahead, whilst UK employment law and enforcement mechanisms are ill-equipped to deal with them.
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Restrictive covenants in the recruitment industry
25 August 2020Restrictive covenants, also known as post-termination restraints (“PTRs”), are widely used throughout the recruitment industry to protect businesses from the impact of employees leaving to set up or join a competing business.
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Payback time? Types of Covid-19 pay-related queries that may arise
25 August 2020As the furlough scheme starts to wind down and redundancies become more commonplace, employers may face a host of pay-related queries, grievances or claims from employees arising from the workplace upheaval caused by coronavirus.
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What’s new in employment law - Hong Kong
25 August 2020The first half of 2020 has seen several employment law-related changes in Hong Kong, despite the city being hit by three waves of Covid-19 infections and working life changing as we know it.
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Factsheet: Global talent - Digital technology applicants
20 August 2020We have produced a useful factsheet on the Global Talent Visa requirements.
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It’s a T8 – should employees have the day off when WFH?
20 August 2020Pre-2020, when there was no Covid-19 and employees generally worked in offices, factories, shops, etc. and not from home, the issuing of a Typhoon Warning Signal No. 8 (“T8”) by the Hong Kong Observatory would have been met with a mixture of concern about falling trees and personal and family safety, together with a little excitement at having an unexpected day off work. But what is the situation now for those working from home?