Asia Employment, Pensions and Incentives Update; new Malaysia Notes blog

Our July update includes: an update from Hong Kong and the recent case of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873. The case follows the UK position in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172, and considers whether notice clauses in contracts of employment (including those … Read more

HONG KONG SAFETY SNAPSHOTS: MANAGING EMPLOYEE MENTAL HEALTH

For some time, we’ve seen a gradual increase in employee mental health issues in the workplace and, the events of last year have accelerated this. A survey conducted by the Mental Health Association of Hong Kong, together with Tung Wah College released in June 2021 found that over 60% of Hong Kong employees interviewed, suffered … Read more

Hong Kong HR Investigation Insights: suspension or administrative leave?

Where there is an ongoing investigation into the alleged misconduct of an employee, the employer wish to suspend an employee’s duties until the investigation is concluded. In Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance (“CFI”) clarified the scope of an employer’s right under the Employment Ordinance … Read more

Employment Espresso Pods: Return to work: Jabs, Tests & Psychedelic Zebras

We are delighted to launch a new podcast series: “Employment Espresso Pods” Join Herbert Smith Freehills’ Employment team for a coffee catch up as they discuss current hot topics impacting the employment sphere. In this, first episode, the team looks at returning to work in the UK following the Covid-19 pandemic. They tackle issues including … Read more

UK: ECJ clarifies when periods of standby are ‘working time’

Employers who engage workers on standby or on-call shifts will welcome the clarity provided by two recent European Court of Justice rulings.  The ECJ has ruled that on-call or standby time should not be viewed as working time under the Working Time Directive (relevant to calculating the maximum working week, rest breaks and rest periods) … Read more

UK: Supreme Court landmark ruling that contractual terms are not the starting point for determining worker status – instead, a purposive approach to the legislation should be taken

On Friday the Supreme Court upheld the Employment Tribunal’s 2016 ruling in favour of two test claimants that, as Uber drivers, they were ‘limb (b)’ workers entitled to statutory holiday and minimum wage rights for their working time (including all the time spent in the agreed territory, logged into the app and ready and willing … Read more