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The Work Couch: 12 days of Christmas - A look back at 12 key employment law developments from 2023

Published on 13 Dec 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Reforms to working time record-keeping, holiday pay and entitlement, and TUPE consultation

Published on 28 Nov 2023. By Patrick Brodie, Partner and Charlotte Bray, Associate

The government has issued its response to the consultation on reforms to retained EU employment law proposed earlier this year.

Menopause discrimination: Where are we now?

Published on 16 Nov 2023. By Ellie Gelder, Senior Editor Employment & Equality and Kelly Thomson, Partner, ESG Strategy Lead and Victoria Othen, External Consultant

October heralded an important legal first when a Leicester employment tribunal began hearing the case of Rooney v Leicester City Council. It is the first case where a person's menopausal symptoms have been deemed by an appeal court to potentially amount to a disability for the purposes of the Equality Act 2010.

The Work Couch: Pregnancy loss and work (Part 2): How to support your people effectively

Published on 11 Oct 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Performance issues in a redundancy situation

Published on 04 Oct 2023.

Welcome to our recently launched podcast, The Work Couch. In this series, we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Bereavement at work

Published on 20 Sep 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Adjusting your recruitment process for a candidate with a disability: What is reasonable?

Published on 18 Sep 2023. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has held that a failure to make enquiries into a job applicant's disability amounted to a failure to make reasonable adjustments.

The Work Couch: Reforms to employment rights for parents and carers: Where are we now?

Published on 07 Sep 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Fertility challenges and work (Part 2): How to support your people

Published on 26 Jul 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Fertility challenges and work (Part 1): A partner's perspective

Published on 19 Jul 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Business protection (Part 2): Supporting and retaining senior talent

Published on 12 Jul 2023.

An introduction to TUPE (Part 2): The TUPE journey

Published on 29 Jun 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Pregnancy loss and work (Part 1): Does the law reflect expected work cultures?

Published on 14 Jun 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Sexual harassment in a post #MeToo era – (Part 2) with Macaela Joyes

Published on 31 May 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: Business protection (Part 1): When a senior executive leaves

Published on 17 May 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Senior executive leaving? Six steps to protect your business

Published on 17 May 2023. By Patrick Brodie, Partner and Ellie Gelder, Senior Editor Employment & Equality

When an executive or key strategic employee departs your organisation, protecting your organisation's business interests is paramount.

Tips On Implementing Menopause Support Policies At Work

Published on 16 May 2023. By Ellie Gelder, Senior Editor Employment & Equality and Kelly Thomson, Partner, ESG Strategy Lead

The conversation around menopause and its associated challenges is undoubtedly becoming more open and frequent, with people in the public eye speaking out about their experiences and urging women and others experiencing menopause to seek support and treatment.

The Mandatory Reference Checking Scheme – Part 1: Employees' rights and entitlements

Published on 12 May 2023. By Andrea Randall, Partner

Following up on our previous article on the obligations of authorized institutions ("AI") as Recruiting AIs and Reference Providing AIs under the Mandatory Reference Checking Scheme (the "MRC Scheme"), this article shifts the focus onto the rights of a prospective employee under the MRC Scheme.

The Work Couch: Flexible Working

Published on 03 May 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Phase 1 of the Mandatory Reference Checking Scheme: What should employers look out for?

Published on 20 Apr 2023. By Andrea Randall, Partner and Lillian Wong, Associate

On 5 May 2022, the Hong Kong Monetary Authority ("HKMA") announced the implementation of the Mandatory Reference Checking Scheme (the "MRC Scheme") (including the guidelines) issued by the Hong Kong Association of Banks and the DTC Association (the "Guidelines").

The Work Couch: Preventing sexual harassment post-#MeToo (Part 1): How do UK and Australian laws compare?

Published on 19 Apr 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Repeal of provisions relating to COVID-19 vaccination under the Employment Ordinance

Published on 17 Apr 2023. By Andrea Randall, Partner and Lillian Wong, Associate

The Labour Department announced on 12 April 2023 that the provisions under the Employment Ordinance ("EO") relating to a legitimate COVID-19 vaccination request (the "Vaccination Provisions") will be repealed with effect on 16 June 2023, one year after they first came into effect on 17 June 2022.

An introduction to TUPE (Part 1): Why does it matter?

Published on 05 Apr 2023.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The Work Couch: How is the Cost of Living crisis affecting DEIB?

Published on 22 Mar 2023.

Welcome to our recently launched podcast, The Work Couch. In this series, we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The impact of menopause in the workplace

Published on 08 Mar 2023.

Welcome to The Work Couch, the podcast that covers everything employment. In celebration of International Women's Day, we have chosen to devote our first episode to menopause in the workplace and how the law currently protects affected employees.

Expansion of the Pilot Scheme on Immigration Facilitation for Visitors Participating in Short-term Activities in Designated Sectors

Published on 07 Feb 2023. By Andrea Randall, Partner and Lillian Wong, Associate

The "Pilot Scheme on Immigration Facilitation for Visitors Participating in Short-term Activities in Designated Sectors" (the "Pilot Scheme") was launched back on 1 June 2022 to last for two years.

Equality Act recognises there is no comparable situation to pregnancy discrimination…so why is menopause treated differently?

Published on 26 Jan 2023.

International law firm RPC says there is 'innate inconsistency' in saying law already protects against menopause discrimination, while arguing proposed change would create new legal risks

Empathetic leadership is key to understanding menopause in the workplace

Published on 09 Dec 2022. By Kelly Thomson, Partner, ESG Strategy Lead

Employers, business leaders and managers must be proactive in understanding the realities of the menopause and providing appropriate support, writes Kelly Thomson

Deadline for responses to hybrid / distance working review brought forward

Published on 14 Oct 2022. By Ben Roberts, Partner and Kelly Thomson, Partner, ESG Strategy Lead and Patrick Brodie, Partner

At the height of summer 2022 the (soon to be disbanded) Office of Tax Simplification (OTS) announced a review (the Review) into the emerging trends, and tax implications, of hybrid and distance working.

At a Glance: Recent Changes to Hong Kong Employment Law You Should Know About

Published on 20 Sep 2022. By Andrea Randall, Partner and Yuki Chiu, Associate

The past year has seen a number of major changes in Hong Kong employment law, many of which have been years in the making. This short article summarises the key developments and changes since mid-2021 that employers should take note of.

Covid as a disability in Hong Kong

Published on 12 Sep 2022. By Andrea Randall, Partner

In the recent landmark case of Burke v Turning Point Scotland, a Scottish Tribunal confirmed that "long Covid" amounted to a disability under the UK Equality Act 2010.

Hong Kong Employment Law Update: Mandatory Provident Fund offsetting mechanism to be abolished after decade-long debate and campaigning

Published on 24 Jun 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Following on from our brief update published on 9 June 2022, this article provides a detailed overview of the amendments put forward by the long-awaited Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the "Bill"), which was finally passed by the Legislative Council on 9 June 2022. The main feature of the Bill is the abolishment of the offsetting mechanism of the Mandatory Provident Fund ("MPF").

Hong Kong data protection: cross-border transfers of personal data

Published on 20 Jun 2022. By Jonathan Crompton, Partner and Andrea Randall, Partner

We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.

Hong Kong's Legislative Council approves Employment Ordinance amendments to address employment issues arising from anti-epidemic measures

Published on 16 Jun 2022. By Andrea Randall, Partner and Lillian Wong, Associate

On 15 June 2022, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2022 ("Bill"), which was gazetted earlier in February this year. The purpose of the Bill is to address employment-related issues arising from the government's anti-epidemic measures.

How should employers protect personal data? A review of the Nikkei data breach

Published on 13 Jun 2022. By Andrea Randall, Partner and Lillian Wong, Associate

The recent investigation report on the hacking of the email systems of Nikkei China (Hong Kong) Limited ("Nikkei") published by the Privacy Commissioner for Personal Data ("PCPD") on 17 February 2022 is a helpful reminder to employers to protect against cyberattacks and ensure compliance with the Personal Data (Privacy) Ordinance (Cap. 486) (the "Ordinance").

Hong Kong's Legislative Council approves Cancellation of MPF Offsetting

Published on 09 Jun 2022. By Andrea Randall, Partner

On 9 June 2022, the Legislative Council passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill, which abolishes the controversial MPF offsetting mechanism.

Dismissal for refusing to attend work during Covid-19 lockdown: automatically unfair?

Published on 25 May 2022. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has found the dismissal of an employee, who refused to attend work during the first Covid-19 lockdown due to concerns about his vulnerable child, was not automatically unfair.

How to prevent discrimination in the Workplace: practical advice for Hong Kong employers

Published on 17 May 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Hong Kong law prohibits discrimination in the workplace. Unless an exemption applies, it is unlawful to directly or indirectly discriminate on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status and race (each a "protected characteristic").

Hong Kong Wage Subsidy Update – Government announces new round of Employment Support Scheme

Published on 27 Apr 2022. By Andrea Randall, Partner and Lillian Wong, Associate

The Government has at last finalized the details of the new round of Employment Support Scheme ("2022 ESS"). The purpose of the 2022 ESS to offer limited time financial support to small and medium-sized enterprises through providing wage subsidies to encourage enterprises to increase employment and to retain employees who would otherwise be made redundant.

The obligation to provide tribunal documents to journalists

Published on 06 Apr 2022. By Charlotte Reid, Senior Associate

In Guardian News & Media Ltd v Rozanov and EFG Private Bank Ltd [2022] EAT 12, the Employment Appeal Tribunal (EAT) set out some useful guidance on the correct approach to third- party documentation requests, including where a request is made by a journalist for skeleton arguments, witness statements and documents referred to in the judgment.

The Employment (Amendment) Bill 2022 and what it means in light of the potential citywide lockdown

Published on 04 Mar 2022. By Andrea Randall, Partner and Lillian Wong, Associate

In an attempt to further curb the soaring number of daily cases of coronavirus infections, in addition to the vaccine pass scheme, Hong Kong may be facing its first citywide lockdown later this month. In light of these anti-epidemic measures, the Employment (Amendment) Bill 2022 (the "Bill") was gazetted on 25 February 2022, which sought to strike a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits.

Employees leaving Hong Kong: What can employers do to recruit and retain staff?

Published on 24 Feb 2022. By Andrea Randall, Partner

Recently there have been a number of news articles in which employers in Hong Kong are expressing their concern over the high numbers of employees leaving the city and a lack of new arrivals.

Proposed amendments the Employment Ordinance announced by the government on Tuesday, 8 February 2022

Published on 10 Feb 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Unvaccinated persons will be banned from entering an additional six types of premises, namely shopping malls, department stores, religious venues, supermarkets, wet markets and hair salons under a "vaccine pass" scheme, which is to be launched later this month on 24 February 2022. From 24 February 2022 onwards, only persons who received at least the first dose will be allowed to enter regulated premises using the LeaveHomeSafe app and presenting their vaccination record.

Hong Kong Employment: Settlement Agreements

Published on 17 Jan 2022. By Andrea Randall, Partner

International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.

Recent judgment on ad hoc admission of overseas counsel tells of wider COVID-19 story

Published on 10 Dec 2021. By Samuel Hung, Partner and Jennifer Leung, Associate and James Lee, Associate

Applications for ad hoc admission, pursuant to section 27(4) of the Ordinance, are fact dependent and the relevant legal principles are well-established.

Hong Kong Court grants injunction to enforce non-compete

Published on 09 Dec 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

Interlocutory injunction to enforce employee’s post-termination paid non-compete clause

Increased penalty for employers who employ overstayers

Published on 29 Nov 2021. By Andrea Randall, Partner

Immigration (Amendment) Ordinance 2021 (“IAO”)

Investigation and Disciplinary Action: Law and Practice in Hong Kong

Published on 22 Oct 2021. By Andrea Randall, Partner

Where an employer suspects its employee(s) has committed an act of misconduct, an employer should take reasonable steps to find out what has happened. The earlier an employer learns about the misconduct, the better. A proper investigation into the issue may give the employer a fighting chance of resolving it, addressing it and, even if it doesn't, might at least give the employer a defence to a future lawsuit.

Hong Kong's Legislative Council to consider Cancellation of MPF Offsetting

Published on 06 Oct 2021. By Andrea Randall, Partner

Under the Employment Ordinance, employers can offset long service payment or severance payment due to an employee against the employer's mandatory and voluntary contributions to the Mandatory Provident Fund (MPF), Hong Kong's pension system.

Hong Kong Employee Focus: Things to consider before handing in your notice

Published on 24 Sep 2021. By Andrea Randall, Partner

Before you hand over your notice of resignation, it is important take a moment to plan ahead and think through the legal and practical considerations of your decision.