UK: Recent Alternative Dispute Resolution review

Peter Frost, Partner and Head of Employment Disputes, recently contributed a review to David Liddle’s influential publication, Managing Conflict: A Practical Guide to Resolution in the Workplace. Peter praises Liddle’s approach to conflict in the workplace and describes the book as a ‘radical resource’ on conflict management.

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

Asia: Pre-employment screening

Pre-employment screening can be a useful tool in ensuring you are hiring the right person for the right role. Here we look at the issues that may arise with asking a candidate about their criminal record in various jurisdictions in APAC.

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Filed under Data protection and privacy, Jurisdiction: Asia

Hong Kong: Immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department’s visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic Law.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Workplace flexibility and family-friendly rights

China: Termination of employment for violation of professional ethics

A recent Interpretation issued jointly by Beijing Higher People’s Court and the Beijing Labor Dispute Arbitration Commission on 24 April 2017 suggests that, in Beijing, it may be possible to terminate an employee for a violation of professional ethics. However, this ground will apply only in rare circumstances.

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Filed under Jurisdiction: Asia, Termination of employment

Hong Kong: When can an employee’s out of work activities impact their employment?

In a recent case involving the Equal Opportunities Commission (the EOC), the Hong Kong Court of First Instance (the CFI) considered whether an employee’s activities at a private event outside of working hours could justify disciplinary action and could be taken into account by the employer when making decisions regarding remuneration.

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Filed under Jurisdiction: Asia

Korea: Compliance Check – Subcontract and Dispatch Arrangements

A significant decision has been released by a First Instance Court in Korea, holding that workers who had been dispatched from a service company were not dispatch workers but were in fact working under an illegal dispatch arrangement. The Korean Ministry of Employment and Labor (MOEL) permits workers to be dispatched only in limited circumstances. Is your company compliant?

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia

UK: GDPR – The “Whole of Business” Issue at the Top of Your Board Agenda

Almost all organisations use or process personal data. With less than 9 months to go before the EU General Data Protection Regulation (the “GDPR”) comes into force in the UK and across Europe, the run up to 25 May 2018 is set to be a busy period for organisations like yours preparing for compliance.

Click here to subscribe to our Practical GDPR series.

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Filed under Data protection and privacy, Jurisdiction: UK

France: The Loi Travail – Briefing 4

This briefing summarises the Macron reforms in relation to the introduction of a new codified right to make collective terminations by agreement (outside of a social plan).

This is a change from the current situation, permitted by case law, where an employer can ask for volunteers for redundancy, but only within the scope of voluntary redundancy plan (plan de departs volontaires), which generally accompanies a social plan.

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Filed under Jurisdiction: France, Redundancy

France: The Loi Travail – Briefing 3

This briefing summarises the Macron reforms in relation to the simplification of redundancy processes:

  • limiting the economic difficulties test to the business sector in France exclusively;
  • refining what is a business sector;
  • reducing the redeployment obligations – limiting these to France;
  • for companies making less than 10 redundancies in 30 days : simplifying the scope of employees within the pool for selection – to those employees within the same “employment zone”;
  • reducing time limits for claims; and
  • reducing minimum damages payments where a social plan is held to be null and void .

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Filed under Jurisdiction: France, Redundancy

Australia: Super changes for employers

On 14 September 2017, the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 2) Bill 2017 (Cth) was introduced in the House of Representatives. The Bill contains two amendments which will significantly impact employers:

  1. amendments regarding choice of superannuation funds for employees under workplace determinations or enterprise agreements; and
  2. amendments regarding employee salary sacrifices to superannuation.

The provisions of the Bill were referred to the Senate Economic Legislation Committee for reporting by 23 October 2017.

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Filed under Jurisdiction: Australia