Asia Employment, Pensions and Incentives Update; new Malaysia Notes blog

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

UK: Supreme Court rules that equal pay comparators can be at a different establishment where their terms are not dependent on location

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

UK: Supreme Court ruling that NMW not payable for sleep during sleep-in shifts; position of home-work involving intermittent tasks remains unclear

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

Asia Employment, Pensions and Incentives Update March 2021

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

Hong Kong: HR Agenda for the year of the OX

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

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