Employment-related claims- procedure and form

Australia: The federal Modern Slavery Bill becomes law

The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019. The Bill creates an ongoing obligation for ‘Reporting Entities’ to file a modern slavery statement (Statement) – being a … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Employment-related claims- procedure and form, Jurisdiction: Australia

UK: information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege

The High Court has ruled in Glaxo Wellcome UK Ltd v Sandoz Ltd that an in-house lawyer’s communications with an employee of the business, who was accepted to be her in-house “client” for some purposes, were not protected by legal … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: Law Commission consultation on employment tribunals

The Law Commission has launched a consultation on the jurisdictions of the employment tribunal, Employment Appeal Tribunal and the civil courts in employment and discrimination matters. The consultation seeks views by 11 January 2019 on a wide range of proposals, … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: Court of Appeal ruling on scope of protection for internal investigations

The Court of Appeal has handed down its eagerly awaited decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd. The High Court had found that notes of interviews with employees were not protected by … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

The Employment Appeal Tribunal in X v Y Ltd has ruled that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Redundancy, Workplace culture, diversity and discrimination (including bullying and harassment)

Australia: Employment Taxes Update

Our colleagues at Greenwoods & Herbert Smith Freehills have released their Employment Taxes Update (April to July 2018 edition).

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

Singapore: Amendments to the Singapore Employment Act

Following a public consultation on the review of the Singapore Employment Act (the “EA”), the Ministry of Manpower (“MOM”) announced on 5 March 2018 that amendments to the EA will be implemented effective 1 April 2019.

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Filed under Business sales/transfers, Employment-related claims- procedure and form, Jurisdiction: Asia, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: jurisdiction clause in settlement agreement did not prevent proceedings where employee domiciled

The Commercial Court has ruled that a Dutch jurisdiction clause in a settlement agreement waiving claims on termination did not prevent an employer suing the employee in the member state in which he was domiciled (England) in respect of alleged … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

UK: Arbitration – its growth, practical uses and limitations in an employment law context

There is a growing appetite to resolve employment disputes by arbitration.  This is the finding of the UK Employment Lawyers Association (ELA) which published its Report on Arbitration and Employment Disputes in November 2017.  The Report, a product of over two years … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK