The EAT has ruled for the first time that an employment tribunal in Great Britain can order disclosure of documents by a party who is outside Great Britain, even though the relevant tribunal rule only provides that the tribunal “may order any person in Great Britain to disclose documents or information”. The EAT rejected the … Read more
The October monthly update looks at: in Singapore, the upcoming changes to compensation limit increases in the Work Injury Compensation Act; a recent regulation that widens the number of available positions that expatriate workers can hold in Indonesia; a Hong Kong District Court decision that considered whether conduct justifying summary dismissal can act as a … Read more
In Owen v AMEC Foster Wheeler Energy Ltd, the Court of Appeal has upheld the decision that an employee with multiple disabilities did not suffer direct disability discrimination when an offer of an overseas assignment was withdrawn, given that a medical assessment identified a high risk that he would require medical attention when overseas. The correct … Read more
Where disputes involve individual employment contracts, EU jurisdiction rules provide that the employee can only be sued where they are domiciled. In Bosworth v Arcadia Petroleum, the ECJ has ruled that for an individual to have an employment relationship for these purposes, they must perform services for and under the direction of another person, implying the … Read more
Several important employment law reforms have come into force recently or will come into force shortly, both at the EU and French level. Below are some of the changes to expect for 2019: Read more
There are complicated rules which govern when and how a foreign entity can operate in Indonesia without establishing a local entity. Companies should pay particular attention to employment structures in such circumstances. Read more
On 28 January 2019 the UK Government published guidance for EEA and Swiss citizens arriving in the UK after 29 March 2019 in the event of a “no deal” Brexit. Individuals will still be able to enter the UK to visit, work or study, but those who wish to remain for longer than 3 months … Read more
Indonesia’s Ministry of Manpower (“MOM”) has issued a new regulation, MOM Regulation No. 10 of 2018 on Procedures for the Utilisation of Foreign Workers (“Reg 10/2018”), which implements President Regulation No. 20 of 2018 on Expatriate Utilisation (“PR 20/2018”). Employers employing expatriates working in Indonesia should be mindful of the additional obligations introduced through Reg … Read more
The last few weeks have seen a flurry of publications providing a slightly clearer picture of the employment and immigration consequences of a Brexit deal or no-deal. In addition to the final text of the draft Withdrawal Agreement setting out the arrangements for the UK’s withdrawal from the EU on 29 March 2019 and the draft Political Declaration on … Read more
