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Our July update includes: an update from Hong Kong and the recent case of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873. The case follows the UK position in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172, and considers whether notice clauses in contracts of employment (including those … Read more
In our next episode, the team looks at non-competes; the current status of the law in this area and the proposed changes the Government is considering; what are the practical implications of these changes? Speakers Please contact any of our speakers if you would like to discuss this podcast and any of the issues discussed: Read more
It’s March already, and we’ve marked yet another International Women’s Day, albeit in a much more muted fashion this year. The employment landscape across Asia remains buoyant, with a number of key changes afoot. Over in India, a major overhaul of the national labour laws sees the key pieces of legislation consolidated. Of the four … Read more
An employer who receives confidential information, for example, from a new recruit, will be subject to an equitable obligation of confidence if they know at least part of the information is “likely” to be confidential and they would have discovered that it had been disclosed in breach of confidence had they made the enquiries a … Read more
The High Court judgment in Quilter Private Client Advisers Limited v Falconer highlights the risk that a short notice period, including during a probationary period, can undermine an employer’s argument that restrictive covenants should be held enforceable on the basis they are necessary to protect confidential information or customer connections. The judgment also provides some … Read more
It’s the final Asia EPI e-bulletin of the year, and what a year it has been! Our Asia Employment, Pensions and Incentives update this month covers: the recent Court of Appeal judgment in Singapore, which considers what amounts to confidential information and what a business must show to claim damages for a breach; the changes … Read more
The Department for Business, Energy and Industrial Strategy has opened a consultation exercise into the use of non-compete provisions, and potentially other forms of restrictive covenants, by employers in contracts with their staff, including workers and other forms of atypical arrangements. This is the second time in the last few years that the Government has … Read more
The recent case of AB Club Ltd & Anors v Chan Yin Ki Cubie & Anors [2020] HKCFI 2769 reinforces the need for speed when seeking to enforce post-employment covenants. Any undue delay, even if only a matter of weeks, may mean a Court refuses to grant an interim injunction. Background The plaintiffs are a group of … Read more
On 5 October 2020, Indonesia’s Parliament passed the Omnibus Law (2020 Job Creation Law), introducing significant amendments in a range of areas, including Indonesia’s laws on investment, employment, immigration, environmental standards, business licensing and building permits. The law is now awaiting the signature of the President. If the President fails to sign the law within … Read more
