The Government has now published further details of the proposed reforms to employment law announced in its policy paper on 10 May (see our post here). Non-competes The response to the 2020 consultation here confirms the following: the proposed statutory limit of 3 months will be applied to non-compete clauses only, and not other types … Read more

Update: On 12 May the Government published consultation documents including further details of the proposed reforms – see our post here. The Secretary of State for the Department for Business and Trade, Kemi Badenoch MP, has today issued a written statement announcing that the Government will replace the current sunset in the Retained EU Law … Read more

Update 10 May: Kemi Badenoch has today issued a written statement announcing that the Government will replace the current sunset in the Bill with a list of the retained EU laws that it intends to revoke under the Bill at the end of 2023. Other laws will remain on the statute books until there is … Read more

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

The holiday season is soon approaching and excitement is bubbling with many in Hong Kong planning to travel and celebrate with loved ones. Many employers are putting in place logistical arrangements and coordinating work cover over the holidays which involve putting employees on standby to work if needed – read on for our discussion about … Read more

The Government has laid the Retained EU Law (Revocation and Reform) Bill in Parliament.  This could theoretically lead to significant changes in key areas of employment law discussed below, although the government’s plans in this regard remain unknown and therefore there is little employers can do to prepare at the moment. In order to avoid … Read more

The Supreme Court has upheld the decision of the Court of Appeal and EAT in Brazel v The Harper Trust that employers must calculate paid holiday entitlement for part-year (eg term-time only) workers on permanent contracts without pro-rating the full-time entitlement to reflect weeks not worked.  The Working Time Regulations (WTR) do not permit employers … Read more

In a recent Hong Kong District Court decision Chow Kai Yan v Kingsway Cars T Service Ltd [2022] HKDC 165, the Court confirmed that an employee who suffered a stroke at work had not sustained an “injury by accident” which would entitle him to statutory compensation under the Employees’ Compensation Ordinance (Cap.282) (ECO). This case … Read more