The Australian Government Tables Closing Loopholes Bill: What It Means For Your Business

On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (Bill) in the House of Representatives. This Bill is significant, running to 278 pages and covering 28 distinct parts. It proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. In many respects, the Bill … Read more

UK: government proposes new offence of failure to prevent fraud

The UK government has introduced a new failure to prevent fraud offence into the Economic Crime and Corporate Transparency Bill during its progress through the House of Lords. Once enacted, this will require HR in larger companies to review and update staff training and policies in order to be able to establish the proposed “reasonable … Read more

US: Cos. Shouldn’t Alter Noncompete, Severance Agreements Yet

In two highly publicized administrative actions, the Federal Trade Commission and the National Labor Relations Board have sought to end, or at least significantly curtail, the use of noncompete agreements, and standard non disparagement and confidentiality provisions in severance agreements, respectively. Both actions will be challenged, thus creating a limbo period for employers as the … Read more

Australia: In the crosshairs – ACCC confirms review of no-poach provisions in employment contracts

As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition and Consumer Commission (ACCC) about the competitive impacts of non-compete post-employment restraints. Leigh suggests that non-compete clauses in employment contracts hampers job mobility and wage growth, and … Read more

Australia: Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023

Labor introduced the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (PWE Bill) into Parliament yesterday. The PWE Bill contains the second tranche of amendments to the Fair Work system. We have put together a summary of the changes proposed to the Fair Work Act and related legislation that addresses the following: making changes … Read more

Australia: Breaking the chains – ACCC Review of non-compete and no-poach provisions in employment contracts

The Federal Government has recently passed some of the most extensive industrial relation reforms seen in Australia with the view to providing stronger protections for workers, improving job security and gender equity. Employers could soon be facing further changes, with the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh), suggesting the use … Read more

UK: Court of Appeal confirms limits on implied contractual indemnity and employer duty of care in relation to loss caused to employee by third party

Update 21 July 2023: permission to appeal to the Supreme Court has been refused. Employers will welcome the Court of Appeal decision in Benyatov v Credit Suisse (Securities) Europe Ltd confirming that, as a matter of law, there is no implied contractual indemnity on an employer covering an employee for all losses suffered during the … Read more

Australia: Variation of the Professional Employees Award 2020

The Fair Work Commission (FWC) has determined to vary the Professional Employees Award 2020 (Award) to clarify its coverage and introduce entitlements to overtime payments and penalty rates for certain professional employees, whilst excluding employees who receive at least 25% or more in excess of the minimum award annual wage from the major impact of … Read more

UK: Government to review SMCR rules as part of Edinburgh Reforms

Our Financial Services Regulatory team have prepared a series of webcasts examining the sweeping reforms to the UK financial services sector recently announced by the Chancellor of the Exchequer, Jeremy Hunt – known as “the Edinburgh Reforms.” The webcasts explain: • what the key proposals are; • who they might impact; • next steps and … Read more