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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
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
In this Q and A Session, Herbert Smith Freehills Employment and Incentive specialists from the United States and the United Kingdom forecast the expected developments and pressing risks facing financial sector employers in 2021. Tyler Hendry, David Palmer and Tess Lumsdaine will be hosting a webinar to explore these issues in more detail on February … Read more
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
Employers have had to respond to continual changes to Covid-19-related rules and guidance over the last year, and the last month has been no exception. Of course the biggest change has been the end of the national lockdown in England and the introduction of a revised tier system from 2 December 2020, but employers also … Read more
In our fifth article in our Workplace change for the COVID recovery series, Michael Gonski, Partner and Rommo Pandit, Senior Associate from our Sydney office; discuss the challenges faced by employers in complying with a complicated system of Australian employment laws. There have been a number of recent examples of large Australian corporates disclosing that … Read more
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
