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Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world. Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more
The Court of Appeal has recently emphasised the importance of speed if an ex-employer wishes to obtain an interim injunction enforcing a non-compete covenant. The longer the delay, the more likely it will be that the employee can persuade the court that the damage to the ex-employer’s interests has already been done and the status … Read more
Our October update covers the following: the Enforcement Decree to the Serious Accident Punishment Act (SAPA) in South Korea, which provides guidance on key obligations in the SAPA – see our summary on the obligations for business owners and managerial personnel to prevent serious industrial accidents; in the PRC the Personal Information Protection Law will … Read more
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