UK: failure to offer appeal against redundancy/SOSR dismissals is not inevitably unfair

The statutory Acas Code of Practice on Disciplinary and Grievance Procedures requires employers to offer employees a right of appeal for misconduct or poor performance dismissals;  a failure to do so will render the dismissal unfair in addition to potentially increasing the compensation awarded.   The fact that the Code expressly does not apply to redundancy, … Read more

Asia Employment, Pensions and Incentives Update – September 2021

Our September update covers the following: upcoming changes in Singapore, including workplace discrimination and the requirement to notify the Ministry of Manpower of any retrenchments (a change from the previous requirement to notify after 5 employees had been made redundant in a six month period) – see here changes to the PRC social security regime for … Read more

Australia: Metes and bounds: Court confirms critical nature of employment contracts and industrial instruments when assessing entitlement to redundancy pay and employees’ expectations of ongoing employment

In the Delta FM decision, the Court confirmed the central importance of the relevant terms of an employee’s contract of employment and industrial instruments in determining whether the employee had a reasonable expectation of ongoing employment, as part of assessing their entitlement to redundancy pay. We previously published an article on the decision of the … Read more

UK Covid-19: round-up of recent changes for employers

Below is a round-up of key Covid-related developments for employers over the last six weeks: The Prime Minister has just confirmed that Step 3 of the roadmap for relaxing the Covid-19 restrictions will go ahead on Monday 17 May as planned.  The Prime Minister had earlier confirmed plans to lift the ‘work-from-home’ guidance for England … Read more

Asia Employment, Pensions and Incentives Update January 2021

Happy New Year! Hopefully 2021 is a brighter and better one for all. Our first Asia Employment, Pensions and Incentives update of 2021 covers: the recent Supreme Court decision in Thailand, that found that forwarding confidential work documents to a personal email account amounted to disclosure, even though there was no evidence that the documents … Read more

UK: European Court of Justice ruling on collective redundancies threshold raises doubts over UK approach

The European Court of Justice has ruled that employers have to look both backwards and forwards from an individual dismissal to determine whether the threshold number of 20 redundancies to trigger information and consultation obligations is met over a 90 day period.  The ruling conflicts with the UK forward–looking approach which focuses on the employer’s … Read more

Asia Employment, Pensions and Incentives Update November 2020

Our Asia Employment, Pensions and Incentives update this month covers: the updated requirements on stay permits and visitor visas in Indonesia following the easing of immigration restrictions on 1 October 2020; the grounds on which an employer can seek the dissolution of a trade union in Thailand and whether doing so amounts to an unfair … Read more

UK Covid-19: updated guidance published on extended CJRS

Updated 12, 13 November 2020 The guidance on the Coronavirus Job Retention Scheme has now been updated to set out the rules under the scheme extension from 1 November 2020; links to the latest versions are available here.  These largely reflect the details already announced and much of the technical detail of the scheme remains … Read more