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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
Sexual harassment in the workplace The Government has just published a response to its 2019 consultation on possible measures to address sexual harassment in the workplace. This confirms that it will: introduce a positive duty on employers to take all reasonable steps to prevent harassment in the workplace, the scope of which would be clarified … Read more
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
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
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
The Employment Appeal Tribunal (EAT) has ruled that, where a worker has taken statutory holiday but not been paid, holiday pay claims must be brought within the usual time limits, even where the employer expressly refused to provide paid holiday (on the mistaken basis that the individual did not have worker status). This contrasts with … Read more
Employers cannot get round working time limits by splitting a worker’s work across two or more contracts. The ECJ has ruled that, where a worker has more than one contract with the same employer, the minimum daily rest period (of at least eleven consecutive hours of rest in any twenty-four hour period) applies to those … Read more
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
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
