Last week the Government published three consultation documents concerning proposed employment law reforms: a new consultation on changes to flexible work requests, and two consultation responses confirming the introduction of carer’s unpaid leave and rules on tips, both to be introduced “when parliamentary time allows”.  Employers should be aware that these changes are on the … 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

Equal pay claimants can choose as comparators colleagues working at one of their employer’s establishments in a different location provided they are on “common terms”; the Supreme Court has now confirmed that the purpose of this test is only to exclude colleagues whose terms are different for geographical (or possibly historical) reasons.  The ruling also … Read more

The Employment Appeal Tribunal (EAT) has ruled that, where a worker has taken statutory holiday but not been paid, holiday pay claims must be brought within the usual time limits, even where the employer expressly refused to provide paid holiday (on the mistaken basis that the individual did not have worker status).  This contrasts with … Read more

The Supreme Court has ruled that care workers on sleep-in shifts are only entitled to the national minimum wage (NMW) for the time spent performing work tasks or awake for that purpose, and not for time spent asleep. (Royal Mencap Society v Tomlinson-Blake, Shannon v Rampersad) In the absence of a clear definition of work … 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

Last year was full of the unexpected. In this bulletin, our Hong Kong employment team reflects on some key themes that emerged last year and considers how these will keep Hong Kong employers busy in the year ahead. Health and safety As the global pandemic continues, worker health and safety will continue to dictate working … Read more