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

The Court of Appeal has confirmed that saving costs in order to balance the books can be a legitimate aim which could justify indirect discrimination, provided the means chosen are proportionate and minimise the discriminatory impact. In contrast, simply saving or avoiding cost on its own will not be a legitimate aim. The fact that … Read more

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