UK: EAT raises possibility of interim relief remedy for discriminatory dismissal claims

Currently interim relief is only available where an employee alleges that the principal reason for their dismissal is whistleblowing, trade union membership or certain employee representative activities; it is not available in discrimination cases – yet. If a tribunal decides that the employee’s claim is ‘likely to succeed’ (ie, has more than just a reasonable … Read more

Asia Employment, Pensions and Incentives Update December 2020

It’s the final Asia EPI e-bulletin of the year, and what a year it has been! Our Asia Employment, Pensions and Incentives update this month covers: the recent Court of Appeal judgment in Singapore, which considers what amounts to confidential information and what a business must show to claim damages for a breach; the changes … Read more

Indonesia Omnibus Law insights: Are the labour reforms really pro-employer?

On 5 October 2020, Indonesia’s Parliament passed the Omnibus Law (2020 Job Creation Law), introducing significant amendments in a range of areas, including Indonesia’s laws on investment, employment, immigration, environmental standards, business licensing and building permits. The law is now awaiting the signature of the President. If the President fails to sign the law within … Read more

Spain: new regulations on equality plans and equal pay between men and women

On 14 October Spain’s Official State Journal (BOE) published two new Royal Decrees on equality: Royal Decree 902/2020, of 13 October, on equal pay between women and men (RD 902/2020) and Royal Decree 901/2020, of 13 October, which regulates equality plans and their registration and which modifies Royal Decree 713/2010, of 28 May, on the … Read more

UK: Tribunal rules that belief that gender cannot be fluid is protectable

An employment tribunal has ruled that a Christian employee’s beliefs that gender cannot be fluid and that an individual cannot change their biological sex or gender were worthy of respect in a democratic society and could therefore be protected beliefs under the Equality Act 2010. (Higgs v Farmor’s School) The tribunal found on the facts … Read more

Asia Employment, Pensions and Incentives Update August 2020

Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision of the Industrial Court in Malaysia, which considered what amounts to sexual harassment, taking into account local culture and sensitivities; the legal issues regarding employers revoking offers of employment after they have been accepted in the PRC; a new Decree issued … Read more