Our final Asia Employment, Pensions and Incentives update for 2019 looks at: the changes to immigration policies in China, that came into effect 1 August 2019 and relax the requirements for highly-skilled foreign workers and students which had previously been in place; in Malaysia, the amendments outlined in the Industrial Relations Bill which while not … Read more
A recent Supreme Court decision highlights the importance of a thorough investigation of the purported grounds for dismissing an employee, particularly if there could be reasons why a line manager might have engineered the grounds. The Court ruled in Royal Mail Group v Jhuti that, if a person in the hierarchy of responsibility above an … Read more
The Supreme Court has ruled that UK whistleblowing laws must be read as providing protection against detriment to whistleblowers who do not satisfy the express requirement to be a ‘worker’, in this case judicial office-holders, in order to comply with the European Convention of Human Rights. Article 14 of that Convention makes it unlawful to … Read more
An employment tribunal has extended the scope of whistleblowing protection to cover workers who are considering making a protected disclosure, or whom the employer perceives to be considering doing this. As a first instance decision this will not be binding on other tribunals, but it is the first time it has been successfully argued that … Read more
As we recently reported here, the new DIFC Employment Law (Employment Law, DIFC Law No. 2 of 2019) was enacted by His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai, on 30 May 2019. The new law will come into effect … Read more
The House of Commons Women and Equalities Committee has today published its report following its inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases. This follows its report on sexual harassment, to which the Government responded in December 2018 announcing consultation on its own proposals to regulate NDAs (see here); the latest report … Read more
A worker will only be able to bring a whistleblowing detriment claim against their colleagues working overseas if the relationship between the workers has a sufficiently strong connection with Great Britain and British employment law. In FCO v Bamieh the Court of Appeal has overturned an EAT ruling that it is the strength of the connection between … Read more
As part of HSF’s series on the employment and industrial relations reforms leading up to the Australian Federal Election, our latest podcast focuses on the proposed reforms to whistleblower legislation and how similar laws have operated in the US, including the impact they have had upon business. It’s essential listening to assist understanding of the … Read more
The EAT in Ibrahim v HCA International has confirmed that an employee’s disclosure complaining of false rumours circulating about him was an allegation of failure to comply with a legal obligation (ie, defamation). It was therefore capable of amounting to a qualifying disclosure for the purposes of whistleblowing protection, notwithstanding the employee’s failure to use … Read more
