Taiwan: Changes to Labour Dispute Resolution Mechanism

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… Read more

Hong Kong: Disciplinary Procedures & Privilege

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… Read more

Australia: The federal Modern Slavery Bill becomes law

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… Read more

UK: Law Commission consultation on employment tribunals

The Law Commission has launched a consultation on the jurisdictions of the employment tribunal, Employment Appeal Tribunal and the civil courts in employment and discrimination matters. The consultation seeks views by 11 January 2019 on a wide range of proposals,… Read more

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed… Read more

UK: New Resources

New presidential guidance has been issued in relation to how employment tribunals should calculate pensions loss and awards for injury to feelings in discrimination cases, available here. There are three bands for injury to feelings, with a usual minimum of… Read more

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… Read more

Singapore: Tripartism Updates

Labour policy in Singapore has long been handled collaboratively by the Government, employee unions and employers in what is known as the tripartism movement. This movement has now been formalised through the setting up of a corporate body, Tripartite Alliance… Read more

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal… Read more

UK: Legislative developments – tribunal fees

The Ministry of Justice has finally published its post-implementation review of the introduction of fees in the employment tribunals and EAT. The review concludes that the fees regime is working well and that some individuals may have been discouraged but… Read more

UK: Consultation on reform to employment tribunals

The Department for Business, Energy and Industrial Strategy and the Ministry of Justice have jointly launched a consultation on reforming the employment tribunal system, seeking views on how proposals for reform of the wider court and tribunal system should be… Read more

UK: New publications – introduction of judicial assessment

The President of the Employment Tribunals (England and Wales) has issued Presidential Guidance in force from 3 October, setting out a procedure for judicial assessment in the employment tribunal. Under this procedure, the employment judge will be able to give… Read more

UK: Proposals for reform to tribunal and court process

The way in which employment claims are processed is likely to be the subject of some upheaval in the coming years. An interim report on the Civil Courts Structure Review written by Lord Justice Briggs includes proposals for an Online… Read more

UK: Employment law changes in October

On 1 October 2015 the following changes came into force: New national minimum wage rates, the adult rate increasing from £6.50 to £6.70 an hour. Employment tribunals have lost their power to make wider recommendations for employers to take remedial… Read more