The Court of Appeal has held that an email containing advice from an in-house lawyer on redundancy was not, as the EAT had found, a cloak for dismissal on the basis of discrimination (Curless v Shell International Limited [2019] EWCA Civ 1710). The Court of Appeal agreed with the Employment Tribunal that the advice given … Read more
Our Asia comparative article completes the analysis of legal privilege in investigations, looking at the rules in Malaysia, India and Thailand. You can access that information here. Read more
Taiwan’s Labour Standards Act (the Act) was amended again in January 2018 (the 2018 Amendments). In this bulletin, we consider the effect that the amendments have had on the conduct of labour inspections in Taiwan. Read more
The House of Commons Women and Equalities Committee has today published its report following its inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases. This follows its report on sexual harassment, to which the Government responded in December 2018 announcing consultation on its own proposals to regulate NDAs (see here); the latest report … Read more
On 9 November 2018, the Legislative Yuan of Taiwan passed the third reading of the Labour Procedure Act (“LPA”). The LPA sets out procedural requirements for labour disputes. In particular, the LPA governs the process of establishing ationation proceedings, provisional remedy proceedings, as well as litigation proceedings. Implementation of the LPA is expected to promote … Read more
Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues. We consider these decisions and how the principles may apply in Hong Kong in relation to dominant purpose, waiver and iniquity and the lessons that they provide to employers in the context of employee investigations … Read more
The Court of Appeal has given two rulings in the long-running equal value claim against Asda, in both cases ruling on preliminary points in favour of the store workers claiming equal pay with distribution depot workers. The claims will now proceed to determine whether the roles are of equal value and, if so, whether the … Read more
Just in time for your holiday reading, we’ve compiled our Top 10 Trends in employment and industrial relations in Australia for 2018. Click here to review our selection. We’d love to hear your thoughts if you have any comments. Read more
The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019. The Bill creates an ongoing obligation for ‘Reporting Entities’ to file a modern slavery statement (Statement) – being a report on the steps the entity has taken to assess and address risks of modern … Read more
