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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
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
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
The Court of Appeal has held that an employer can in principle continue to rely on a valid material factor defence to an equal pay claim for a period after the date of the initial decision – the material factor does not simply evaporate due to the passage of time. It may continue to be … Read more
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
The statutory definition of disability requires a substantial long term adverse effect on normal day to day activities. The EAT in Igweike v TSB Bank Plc held that tribunals must assess the degree or extent of adverse effect on the individual’s own ability to carry out a particular activity and it is not necessary to … Read more
Employers have a duty to make reasonable adjustments to working conditions in order to remove any substantial disadvantage suffered as a result of an employee’s disability. In Rakova v London North West Healthcare NHS Trust an employee with learning disabilities claimed that a failure to provide specialist software placed an employee with learning disabilities at … Read more
In Hughes v Hill, the Full Federal Court emphatically dismissed a solicitor’s appeal against a finding that he had sexually harassed a paralegal and against damages which he asserted were “manifestly excessive”. In doing so, the Court made it clear that the highest level of damages (both general and aggravated) will be available – and justified … Read more
In some (rare) cases, an undertaking as to future conduct (potentially including to pay a termination sum in certain circumstances) could be a reasonable adjustment for a disabled employee. Any requests for such undertakings will need to be considered carefully on a case by case basis. In Hill v Lloyds Bank, the claimant’s disability caused … Read more
