UK: High Court rulings on duty of care to protect against economic loss

In Rihan v Ernst & Young (Global) Ltd, the High Court awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and future earnings for the rest of his career. The claimant, Mr Rihan, was a whistleblower who publicly disclosed suspected irregularities arising out of an audit for … Read more

UK: Whistleblowing – detriment because of “ordinary” unreasonable behaviour while making a disclosure could not be severed from the disclosure

Detriment for making a whistleblowing protected disclosure is unlawful, but in some cases it may be possible to establish that the reason for the treatment was the manner of making the disclosure and that this is distinct from the disclosure itself, thereby side-stepping whistleblowing protection. The EAT decision in Riley v Belmont Green Finance t/a … Read more

Asia Employment, Pensions and Incentives Update December 2019

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

UK: Supreme Court extends whistleblowing protection to non-workers and highlights potential to challenge ‘status’ requirements for other rights

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

Middle East: The new DIFC Employment Law – 16 key changes

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