Hong Kong: Authorised institutions to implement the new Mandatory Reference Checking Scheme by May 2023

On 5 May 2022, the Hong Kong Monetary Authority (HKMA) announced its endorsement of the Guidelines on the Mandatory Reference Checking Scheme (respectively, Guidelines and MRC Scheme) issued by the Hong Kong Association of Banks and the DTC Association – just one year after issuing the Consultation Conclusions Paper (covered in our previous bulletin). The MRC Scheme has been launched as an effort … Read more

UK legislation update: Government supports various Private Members’ Bills; national minimum wage increase from April 2023

The Government recently announced its support in second readings of a number of Private Members’ Bills proposing reforms originally slated for the elusive Employment Bill.  Most provide for the detail of the changes to be made by regulation and are therefore light on detail, but they do increase the likelihood of proposals actually coming into … Read more

UK: workplace challenges in the metaverse

The law on harassment, discrimination and privacy of workers is well established online and in the office. But applying these rules in the metaverse will still raise some novel risks and challenges For technology enthusiasts, the advent of the metaverse – an expanding 3D virtual universe where you experience a digital life as an avatar … Read more

UK: EAT ruling adds to doubts around ability to waive certain statutory claims

It is common practice for employers to require departing employees to sign a statutory settlement agreement in order to waive statutory employment claims in return for a compensation sum.  Unfortunately, it has never been possible to guarantee an entirely clean break in this way, as illustrated by a recent EAT ruling in Bathgate v Technip … Read more

Asia Employment, Pensions and Incentives Update: October 2022

Our October update covers the following: an update on equal employment regulations in the PRC, including the recent circular addressing discrimination against employees who recovered from COVID-19. Read the update here. in Singapore, the High Court in Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2022] SGHC 261 dismissed an employee’s breach of contract … Read more

UK: Employers should consult before adopting redundancy selection criteria which effectively determine a pool of one

Carrying out a fair redundancy usually involves identifying an appropriate pool from which to provisionally select employees using fair selection criteria, and then consulting with the individual(s) provisionally chosen.  A recent EAT decision has made clear that an employer may need to consult at an earlier stage, prior to the choice of criteria, if the … Read more

Global Bank Review 2022: Banking on People

A sign of the times or just business as usual? Surveying the current landscape of the financial sector in late 2022, it is hard to avoid the sense of an industry once again facing a severe squeeze. One thing is certain: global finance is currently facing mounting pressure to invest long-term for a low-carbon, high-tech … Read more

UK: Internal grievance report could not retrospectively acquire legal privilege

Employers should bear in mind that internal grievance investigation reports will usually not be privileged and so will be disclosable at tribunal. A recent EAT ruling held that the original version of an internal report, which was not privileged at the time it was prepared, did not later acquire legal advice privilege simply because comparison … Read more