HONG KONG: ARE PAID NON-COMPETE PERIODS WORTH THE EXPENSE?

In a recent decision of the Hong Kong High Court, a six month non-compete restriction was upheld against an employee. One way that this decision differs from other recent cases, was that the employee was entitled to receive his usual salary for the entire non-compete period. In considering the balance of convenience, not only did … Read more

US: NYC Fair Chance Act updates challenge finance employers

In July, amendments to New York City’s Fair Chance Act took effect. They impose additional restrictions on how and when employers may request, review and use criminal background check information for hiring and employment decisions. Many of these restrictions are either in direct or indirect conflict with regulations that require financial institution employers to conduct … Read more

Australia: Victoria – New broad-reaching direction for workers to get vaccinated

Note (20 October 2021): The Directions referred to in the below article have since been replaced by the COVID-19 Mandatory Vaccination (Workers) Directions (No 4). Whilst the information contained in the below article remains largely correct, there were some mostly minor edits so readers are recommended to review the latest Directions to ensure compliance with … Read more

UK: failure to offer appeal against redundancy/SOSR dismissals is not inevitably unfair

The statutory Acas Code of Practice on Disciplinary and Grievance Procedures requires employers to offer employees a right of appeal for misconduct or poor performance dismissals;  a failure to do so will render the dismissal unfair in addition to potentially increasing the compensation awarded.   The fact that the Code expressly does not apply to redundancy, … Read more

Asia Employment, Pensions and Incentives Update – September 2021

Our September update covers the following: upcoming changes in Singapore, including workplace discrimination and the requirement to notify the Ministry of Manpower of any retrenchments (a change from the previous requirement to notify after 5 employees had been made redundant in a six month period) – see here changes to the PRC social security regime for … Read more

UK: tribunal rules that requiring office-based working to the disadvantage of employees who care for disabled dependents can be unlawful indirect discrimination

A first instance tribunal decision has ruled that UK law should be read as prohibiting a policy which indirectly discriminates against an employee who cares for a disabled person, for example due to a lack of flexibility over hours or location of work. Currently, discrimination because of association with a person with a protected characteristic … Read more

UK: Government announcements on flexible work requests, carer’s leave and tips

Last week the Government published three consultation documents concerning proposed employment law reforms: a new consultation on changes to flexible work requests, and two consultation responses confirming the introduction of carer’s unpaid leave and rules on tips, both to be introduced “when parliamentary time allows”.  Employers should be aware that these changes are on the … Read more

REMOTE/CONTROLLED = THE NEW TRUST EQUATION: THE FUTURE OF WORK REPORT 2021

Radical upheavals in working life are taking hold at a global level as remote and hybrid working leave lasting changes across industries in the wake of the Covid-19 pandemic. In response, employers are more inclined to advocate about geopolitical and social issues, use technology to manage and monitor the new ways of working, and adopt … Read more