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The pandemic has presented a constant challenge for employers in keeping up with frequent changes to rules and guidance. As the restrictions now start to ease, we set out below a summary of recent developments: Although the “stay at home” instruction has been lifted from 29 March 2021, individuals are still asked to minimise travel … Read more
Background Today, the House of Representatives is expected to pass amendments to the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (Bill) made in the Senate last Thursday night. What is changing? The only provisions left in the Bill after amendments following negotiation with the Senate cross-bench are those relating to casual … 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
The Employment Appeal Tribunal in Allay (UK) Ltd v Gehlen has highlighted the need for employers to provide substantial training on discrimination issues both at regular intervals and on an ad hoc basis if it becomes apparent that prior training was ineffective or has been forgotten. Employers face a high threshold in terms of quality … Read more
The European Court of Justice has ruled that direct disability discrimination may be established if the criterion for less favourable treatment is inextricably linked to disability. The difference in treatment does not have to be in comparison with a non-disabled worker: it can be between disabled workers, for example where treatment differs according to different … Read more
Last year was full of the unexpected. In this bulletin, our Hong Kong employment team reflects on some key themes that emerged last year and considers how these will keep Hong Kong employers busy in the year ahead. Health and safety As the global pandemic continues, worker health and safety will continue to dictate working … Read more
In this Q and A Session, Herbert Smith Freehills Employment and Incentive specialists from the United States and the United Kingdom forecast the expected developments and pressing risks facing financial sector employers in 2021. Tyler Hendry, David Palmer and Tess Lumsdaine will be hosting a webinar to explore these issues in more detail on February … Read more
The Trade and Cooperation Agreement (the “TCA”) agreed between the UK and the EU on 24 December 2020 opens up the possibility of changes to EU-derived employment law. Last week the Government made clear that it has no current intentions to push through changes in the short term; longer term, the likelihood of changes depends both … Read more
Employers claiming for furloughed employees under the Coronavirus Job Retention Scheme (CJRS) need to keep a close eye on deadlines. Monthly deadlines for claims must be now met unless an employer has a ‘reasonable excuse’ for a late claim (see here); the next deadline is 15 February 2021. More imminent is the deadline for applying … Read more
