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Hong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties

Published on 16 Jul 2021. By Andrea Randall, Partner

The Hong Kong Court of Appeal’s recent judgment (of three judges) in Law Ting Pong Secondary School v Chen [2021] HKCA 873 is an interesting judgment that: (i) summarises and applies the relevant principles of contractual interpretation; and (ii) found that a clause providing for termination by payment in lieu of a notice period does not engage the law on penalty clauses and, even if it does, such a provision is unlikely to be regarded as unenforceable (unless it is unconscionable or extravagant).

Redundancy in Hong Kong – An employee's guide to the legal and practical considerations

Published on 07 Jul 2021. By Andrea Randall, Partner

In this article, we will consider an employee's rights in the event that they are told that their role is being made redundant. We will also examine the consequences of receiving notice of redundancy, offers of alternative employment and/or separation agreements, as well as claims an employee may commence against their employer as a result of their cessation of employment.

What is "mutuality of obligation" and why does it matter in the world of work?

Published on 22 Jun 2021. By Victoria Othen, External Consultant and Kelly Thomson, Partner, ESG Strategy Lead

Any business which needs work to be done for it makes a choice as to how that work is procured and delivered.

Redundancy in Hong Kong – An employer's guide to the law, process and practical considerations

Published on 02 Jun 2021. By Andrea Randall, Partner

For a lot of companies, the last 18 months in Hong Kong has been undoubtably challenging. As a result of the uncertainties with the protests, lack of international travel and the COVID-19 pandemic, employers have been looking at making redundancies in order to survive.

Redundancy – The law in Hong Kong

Published on 18 May 2021. By Andrea Randall, Partner

In the current climate, it is inevitable that some employers may have to contemplate making redundancies to trim overhead costs in order to survive. Many industries in Hong Kong have been heavily impacted by the pandemic, forcing employers to make difficult decisions in respect of business operations and the retention of employees.

The future world of work – a recipe for success

Published on 21 Apr 2021. By Kelly Thomson, Partner, ESG Strategy Lead

The Office for National Statistics (ONS) has just released its report, “Homeworking hours, rewards and opportunities in the UK: 2011 to 2020”. The report lands at a key moment, as leaders across all sectors look to define – and redefine – the future of work and the role of the workplace in the post-pandemic era. The findings are illuminating.

Reimbursement of Maternity Leave Pay Scheme in Hong Kong

Published on 12 Apr 2021. By Andrea Randall, Partner

Hong Kong's statutory maternity leave has been extended from 10 weeks to 14 weeks with effect from 11 December 2020. From 1 April 2021, the Hong Kong Government has started accepting applications to reimburse employers' payment in respect of the extended period of maternity leave.

Hong Kong Employment Law Changes in 2020 and What to Expect in 2021

Published on 24 Mar 2021. By Andrea Randall, Partner

2020 has brought about a significant number of changes to working life in Hong Kong. In light of the protests and COVID-19, there has been a widespread adoption of working from home ("WFH"). In addition, there has been new legislation enhancing the statutory rights of employees. In this article, we provide a review of these changes in 2020 and set out what we are to expect in 2021.

COVID-19 – Key vaccine considerations for employers

Published on 17 Mar 2021. By Andrea Randall, Partner

There have been a number of articles which have considered Hong Kong employers' rights to direct their workforce to be tested and vaccinated against COVID-19. The general consensus amongst legal practitioners in Hong Kong is that there is no statutory right to direct an employee to undergo testing and vaccination.

Is the promise of a severance payment a reasonable adjustment?

Published on 07 Aug 2020. By Kim Wright, Senior Associate and Kelly Thomson, Partner, ESG Strategy Lead

In this busy time, HR professionals would be forgiven for thinking that nothing beyond the realms of coronavirus is receiving any attention, however cases are still being decided and one Employment Appeal Tribunal (EAT) case, regarding employers' duties to provide reasonable adjustments for disabled employees, is worth some further consideration.

The summer of discontent?

Published on 31 Jul 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Ben Roberts, Partner

What comes to mind when you hear the word "summer"? The unbridled joy of no more school for 6 whole weeks? Buckets, spades and wind-swept beaches? Perhaps the call of a sun-soaked tropical island? For most, summer means taking some time out to recharge and switch off.

COVID-19 legal update – Your workforce: Could workers who can work from home (and their employers) break the law by returning to the workplace too soon?

Published on 20 May 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Joanna Holford, Senior Associate

The government has stated that that those who can work from home should do so and those who cannot should go to work. Is it an offence to go to the place of work when it is possible to work from home?

COVID-19 HK: Employment Update

Published on 14 Apr 2020. By Beverly Yee, Senior Associate

As the COVID-19 pandemic continues, it is anticipated that more and more businesses will need to make plans for cost-cutting measures.

COVID-19: Your workforce – furloughing - act to mitigate the risk of exposure to tax evasion offences as scheme could be open to abuse

Published on 09 Apr 2020.

Jim Harra, Chief Executive at HMRC, has informed a Treasury Committee meeting that he expects the government's multi-billion pound employee furlough scheme to be targeted by criminals seeking to exploit the £60 billion pledged in Chancellor Rishi Sunak's unprecedented Coronavirus protection package.

Hot off the Press: COVID-19 - Your workforce: a Q&A on claiming for wage costs through the Job Retention Scheme

Published on 27 Mar 2020. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead

On 26th March, HMRC issued guidance on claiming for wage costs through the Coronavirus Job Retention Scheme. We explore some answers to key questions and add some questions of our own.

COVID-19 Your workforce: a caution against putting equality on the backburner

Published on 27 Mar 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Rachel Pears, Associate Director, Responsible Business & Employment Counsel

UK business, like much of the rest of the world, is and will, for some time, remain firmly in the grip of COVID-19's tentacles.

COVID 19 Your workforce: What on earth is "furlough"?

Published on 24 Mar 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

Meaning of furlough, especially in the context of companies dealing with the impact of COVID-19.

COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring

Published on 24 Mar 2020. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead

COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring. These are extraordinary times that place extraordinary pressures on all of us, including dealing with your workforce. We set out below some ideas that we are hearing about from our clients and some areas you may wish to think about in terms of your employee costs.

COVID-19 Your workforce: supporting mental health when home working

Published on 24 Mar 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

COVID-19 Your workforce: supporting mental health when home working. Many of us are working from home during this crisis and while this can be an effective way of working for some, it is less happy for others; loneliness, caring for vulnerable dependants and challenging home environments are all being experienced. There may be members of your teams who fall into these categories.

Sharpen your blue pencil: the doctrine of severance in employment cases

Published on 15 Aug 2019. By Kelly Thomson, Partner, ESG Strategy Lead and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

In Tillman v Egon Zehnder Ltd [2019] UKSC 32, one such business asked the Supreme Court to reconsider the law and to change it to be fit for modern day purposes. In its landmark judgment handed down in July, the Supreme Court has done so. The core facts of the case are not unusual. Egon Zehnder (EZ) is a global specialist executive search and recruitment business. EZ recruited Mary-Caroline Tillman in 2004. As the High Court judge observed, the company regarded Ms Tillman as “a bit special”. She was recruited into a senior role on a salary of £120,000 and first year bonus of £100,000 and then rose steadily through the ranks of the organisation. By 2012, Ms Tillman was joint global head of the company’s financial services practice and a shareholder in the Swiss holding company.

Gender Pay Gap Reporting – are you ready?

Published on 27 Apr 2016.

Hear Patrick Brodie and Kelly Thomson discuss the requirements on businesses to comply with Gender Pay Gap Reporting legislation.

Some holiday pay reading

Published on 26 Feb 2016.

A new decision on holiday pay and commission.

Employment update, December 2015

Published on 09 Feb 2016.

Implied terms: when can a term be implied into a contract?

Employment update, November 2015

Published on 17 Dec 2015.

Penalty clauses: what is the test where a clause is claimed to be unenforceable?

Employment update, October 2015

Published on 23 Nov 2015.

Whistleblowing: A dispute about terms of employment can be a matter of “public interest”

Employment update, September 2015

Published on 07 Oct 2015.

HR assistance in disciplinary procedures: how much is too much?

Restrictive Covenant Clause Enforced Despite it Containing a Drafting Error

Published on 17 Apr 2014.

The High Court has just handed down its judgment in the case of Prophet Plc v Huggett.

Different Emails, Read Together, Can be a Qualifying Whistleblowing Disclosure

Published on 21 Mar 2014.

In the case of Norbrook Laboratories (2B) Limited v Shaw the EAT considered whether emails sent to different recipients could be taken as a whole to amount to a qualifying disclosure for the purposes of a whistleblowing claim.

British National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals

Published on 07 Feb 2014.

For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.

Collective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount

Published on 07 Feb 2014. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

University College v University of Stirling [2014] CSIH 5.

Report Card

Published on 28 Jan 2013.

We're casting our critical eye over the Government's employment law proposals and writing its school report.

Faith and Freedom

Published on 27 Jan 2013.

In a debate that has lasted several years, one of my colleagues and I have been at odds on the case of Lillian Ladele, the Islington registrar who refused to conduct civil partnership ceremonies.

Penalty saved by CAS with a little help from English Courts

Published on 06 Jun 2016. By Joshua Charalambous, Partner

CAT Collective Proceedings - Summer 2025 update

Published on 28 May 2025. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of Disputes and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

UK authorities seize £179m from suspected criminals – up 16% in a year

Published on 16 Oct 2023. By Adam Craggs, Partner and Michelle Sloane, Partner

UK authorities, including the SFO, HMRC and police, seized £179m last year[1] from criminals using draconian Confiscation Orders – an increase of 16% on £154m a year earlier, according to analysis of new data by international law firm RPC.

The CAT's new approach: I can't afford a carriage (dispute)

Published on 02 Jun 2023. By Chris Ross, Partner

Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.

2023 Update - CAT Collective Proceedings

Published on 10 Feb 2023. By Chris Ross, Partner

A new era of consumer-focussed competition class actions is now well underway. It kicked off with the first collective proceedings order (CPO) granted by the Competition Appeal Tribunal (CAT) in Merricks in the summer of 2021, opening the gates for further collective claims to be certified.

Sports Ticker #132 - Owl's not well at Sheffield Wednesday and Wimbledon swaps one court for another

Published on 17 Jul 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate and Charlie Osborne, Trainee Solicitor

In a fortnight which saw Jannik Sinner achieve Wimbledon glory after beating Carlos Alcaraz by three sets to one in a fierce Centre Court spectacle, underdogs Chelsea FC topple Paris Saint Germain to become victors of the Men’s FIFA Club World Cup 2025, and the Welsh Rugby Union announce that it is considering halving the number of regions in the Welsh professional rugby union setup, we bring you news on Sheffield Wednesday’s third transfer embargo, an insight into Tour De France’s new yellow card system, and a look at Liberty Media’s acquisition of MotoGP.

Sports Ticker #131 - Ascot plays a Royal Flush, county cricket shakes it up and Spurs take on INEOS - a speed read of commercial updates from the sports world

Published on 04 Jul 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw the eyes of the world tune into Wimbledon in clockwork fashion, Al-Hilal triumph over Manchester City with a last minute winner in the Club World Cup 2025, and the sad passing of Liverpool and Portuguese striker Diogo Jota, we bring you news on a radical shakeup in the world of county cricket, insights into Royal Ascot’s latest attendance successes, and a look at Tottenham Hotspurs’ legal spat with Sir Jim Ratcliffe’s INEOS Group.

Sports Ticker #130: Netflix's big-hitter, F1's 2026 calendar and the controversial Enhanced Games - a speed read of commercial updates from the sports world

Published on 25 Jun 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight that saw a heat-laden FIFA Club World Cup 2025 kick off in the United States, the British & Irish Lions fall short against Argentina in the first leg of their 2025 tour and reviews roll in for F1: The Movie, we bring you news on Netflix’s latest boxing announcement, updates on Premiership Rugby’s record viewing figures, and a look at World Aquatic’s hard stance on the Enhanced Games.

Sports Ticker #129 - Commonwealth Games lives on, DAZN's star-studded ad and cheese rolling galore - a speed read of commercial updates from the sports world

Published on 10 Jun 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw Arsenal win the UEFA Women's Champions League, Northampton Saints fall eight points short of European glory against Bordeaux Bègles and the town of Abingdon host the 42nd World Poohsticks Championships, we bring you news on the Government’s search for a Head of Video Games and Esports, an update on the future of the Commonwealth Games and a look at Gloucestershire’s annual cheese rolling race, whose women’s race winner cemented her victory with the words, “I don’t like cheese”.

Sports Ticker #128: Goodison's new tenants, Fnatic's Happy Deal and Barclays' latest sponsorships - a speed read of commercial updates from the sports world

Published on 23 May 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw Andy Murray part ways with Novak Djokovic and Jamie Vardy reach 200 goals for Leicester City in his 500th and final game for the club (as well as Leicester being charged with an alleged breach of the Championship’s profit and sustainability rules for the 2023/24 season), we bring you news of Fnatic’s Happy Deal with McDonald’s, an insight into Barclays’ sponsorship deals with the O2 Arena and Co-Op Live, and the news at Everton’s Goodison Park.

Sports Ticker #127: Becks buys Salford, Sadiq seeks Olympic repeat and Hamilton signs autograph deal - a speed read of commercial updates from the sports world

Published on 09 May 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw 150,000 Leeds United fans turn out to celebrate the club's promotion to the English Premier League, hundreds of daring racers take part in Essex’s annual Maldon Mud Run and the London Marathon steal New York’s crown for record number of finishers, we bring you news of Sadiq Khan’s Olympic aspirations, an insight into Lewis Hamilton’s exclusive autograph and memorabilia agreement and a peak at Channel 5’s broadcasting deal for the Men’s 2025 FIFA Club World Cup.

Sports Ticker #126 - Cricket’s Olympic revival, Euro-Soccer and Mbappé’s pay war - a speed read of commercial updates from the sports world

Published on 25 Apr 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw Cambridge University do the double over Oxford University at the 2025 Boat Race and Strava acquire its rival Runna in a dash for running app supremacy, we bring you updates on the historic impact of Rory McIlroy's Masters victory, news of cricket's triumphant return to the Olympics and an insight into the record-breaking prize pool announced for the Esports World Cup 2025.

Sports injuries: the concussion pandemic

Published on 22 Apr 2025. By Fiona Hahlo, Partner

The inherent risk of injury to participants in many sports is well known – you only need to watch a game of rugby or American football, or spectate a boxing match, to appreciate this. Participants must accept this risk to some extent, but, the acceptance is conditional. They rely on governing bodies to control and regulate the sport to minimise injury risk; clubs to enforce the rules; referees to ensure compliance; players to follow the rules; organisers to provide appropriate facilities; and clinicians, especially in professional sport, to administer appropriate treatment.

Sports Ticker #125: All Blacks settle sponsor spat, WDC ups top prize and UK Baller League kicks off – a speed read of commercial updates from the sports world

Published on 10 Apr 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw Patrick Mullins ride Nick Rockett to victory in the Grand National, Dmitry Bivol renounce his WBC light-heavyweight title in pursuit of a trilogy fight with Artur Beterbiev, and Cardiff Rugby serve a notice of intention to appoint administrators, we bring you updates on Fnatic’s IMG partnership, news of a major increase in prize money in the World Darts Championship, and details of a settlement between the International Tennis Federation and Gerard Piqué’s Kosmos.

Sports Ticker #124: IOC's marathon month, London Lions stadium and Six Nations free-to-air deal

Published on 28 Mar 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw Kirsty Coventry elected as the first female president of the International Olympic Committee, Newcastle United win its first major domestic trophy since 1955, and a reported eightfold increase in Ferrari-branded merchandise sales for Puma following Lewis Hamilton's arrival, we bring you updates on the launch of Arsenal Women's first lifestyle range, a major complaint (and PR campaign) commenced by a professional tennis players’ association against the ATP, WTA, ITF and ITIA, and details of the Six Nations' extended free-to-air deal with the BBC and ITV.

Sports Ticker #123: NSL makeover, IFAB eight-second rule and Yorkshire Hundred sale – a speed read of commercial updates from the sports world

Published on 13 Mar 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw the Women's Tennis Association announce that players will receive paid maternity leave for the first time, Manchester United unveil plans for a new 100,000 seater stadium and the BBC strike a TV deal for men's international football in Scotland, Wales and Northern Ireland, we bring you updates on the revamped Netball Super League, Ferrari's victory against Aston Martin and the benefits for Yorkshire following the sale of the Northern Superchargers.

Sports Ticker #122: APT rules deemed void, padel passion and Zara's carbon plated trainers – a speed read of commercial updates from the sports world

Published on 05 Mar 2025. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Senior Associate and Simon Williams, Associate

In a fortnight which saw Avram Glazer confirm that Manchester United is not for sale, the F1 75 Live event take place and Amazon Prime Video launch live pay-per-view football with Ligue 1, we bring you updates on a tribunal's ruling that Premier League APT rules are void, the RFL's investigation into the Salford Red Devils squad selection ahead of their takeover being approved and Zara's new carbon plated running shoe.