Spain: the new Spanish Labour Procedure Act 36/2011

The New Spanish Labour Procedure Act 36/2011, (recently approved on 10 October 2011) entered into force on 11 December 2011, and implements significant changes in relation to the jurisdiction of the Labour Courts and cases and proceedings that they have… Read more

UK: No contractual damages for manner of dismissal

The Supreme Court has ruled that employees are not entitled to claim contractual damages for the manner of dismissal, whether in relation to a breach of an express disciplinary policy or breach of the implied term of trust and confidence.… Read more

UK: Is clawback the new market standard?

"The inclusion of clawback and malus provisions in scheme designs and executive contracts is a recognised way to prevent executives receiving rewards that are undeserved. Shareholders expect to see such provisions included in relevant arrangements and for them to be… Read more

Malaysia introduces minimum wages framework

On 1 July 2011, the Malaysian Parliament passed new legislation to establish a framework for the implementation of minimum wages throughout Malaysia. The National Wages Consultative Council Act 2011 (the Act) establishes the National Wages Consultative Council and a framework for… Read more

UK: Withdrawal of notice not permitted simply because of mistake

An employer cannot  unilaterally withdraw a notice of termination simply because it mistakenly expected the employee to agree to proposed new terms as a self-employed contractor.  Employers negotiating changes to the terms of an individual's engagement should ensure agreement is… Read more

UK: Working time – interrupted rest breaks

Where employees such as security guards are required to maintain a permanent presence during their shift, compensatory rest breaks which are subject to interruption nevertheless satisfy working time rules, provided the 20 minute minimum period restarts if there is an… Read more

UK: Disability – duty to make reasonable adjustments

Recent EAT rulings have established that: it is not a reasonable adjustment to give a disabled employee on sick leave a career sabbatical, nor to provide rehabilitative non-productive work for the employee to do for a period. Reasonable adjustments for… Read more

UK: Equal pay – voluntary initiative launched

The Government Equalities Office has published a reporting framework to encourage employers voluntarily to identify barriers to equality of pay, take action to address the issues and report publicly on progress. This is supported by guidance from Acas. The initiative… Read more

UK: New resources – September 2011

Acas guidance on social networking, including tips on drawing up a social networking policy  ET and EAT statistics for 2010-2011 show a 15% decrease in the number of single tribunal claims, but significant increases in part-time and age discrimination claims… Read more

EU Directive on temporary agency workers in force

On 1 October 2011 UK regulations implementing the EU Directive on temporary agency workers came into force. Both agencies and employers hiring agency staff will face an increased administrative burden and potential additional cost.  ... Read more

UK: National minimum wage rates

The national minimum wage changes from 1 October. The hourly rate increases to £6.08 for workers aged 21 and over, £4.98 for workers aged 18-20, £3.68 for workers aged 16 and 17 and £2.60 for apprentices aged under 19 or in… Read more

Unfair dismissal: UK rights for employees abroad

The Supreme Court has ruled that teachers employed by a UK government department and working abroad in European Schools had a sufficiently close connection with Britain and British employment law to enable them to bring UK unfair dismissal claims.  It… Read more