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

UK: providing software to improve work efficiency could be reasonable adjustment for disabled employee

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

Australia: “What is the ruin of a person’s quality of life worth?”: Hughes v Hill confirms the upward trend in damages for sexual harassment

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