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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, Partner 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, Head of Responsible Business

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, Partner

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, Partner 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, Partner

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, Partner

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.

Put your little stone in the great mosaic

Published on 07 Mar 2018. By Kelly Thomson, Partner, ESG Strategy Lead

IWD is a day designed to galvanize such desire for change into real, sustainable action by people, by business and by government. And on Thursday 8th March many of us will pause for thought. In our reflections, one question will come up time and time again: what can I actually do to improve gender equality?

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, Partner

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.

PLC QTRLY - Q4 2024

Published on 23 Jan 2025. By Connor Cahalane, Partner, Head of Public Companies and James Channo, Partner and Karen Hendy, Partner, Head of Corporate

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements

Published on 16 Jan 2025. By Mark Crichard, Partner and Nigel Wilson, Of Counsel and Praveeta Thayalan, Knowledge Lawyer

On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).

Regulatory Radar - Winter 2025

Published on 06 Jan 2025. By Gavin Reese, Partner, Head of Regulatory

Welcome to the Winter 2025 edition of RPC's bi-annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar.

Lawyers Covered - December 2024

Published on 19 Dec 2024. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Victoria Lawman, Trainee Solicitor and Richard Seymour, Associate and Robyn Crowter, Associate and Samantha Cresswell, Associate and Helen Young, Associate and Dilara Devin, Associate

What could be more festive than our December edition of Lawyers Covered – so here it is, a gift from the Lawyers Liability and Regulatory Group at RPC, to all of you, our lovely readers! And it’s a bumper edition with links to 3 full articles as well as our usual snippets. Happy holidays!

Privacy developments – looking back and looking forward

Published on 19 Dec 2024. By Oliver Bray, Senior Partner and Jon Bartley, Partner and Joe Lippitt, Partner and Praveeta Thayalan, Knowledge Lawyer

In this article, we give you a high-level snapshot of the key data protection and privacy developments in the UK and EU in 2024 as well as developments we anticipate for 2025.

Financial Crime Time - Your update from RPC: 2024 Q4

Published on 17 Dec 2024. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that are of interest and which may affect your business.

Lawyers Covered - November 2024

Published on 29 Nov 2024. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Victoria Lawman, Trainee Solicitor and Richard Seymour, Associate and Robyn Crowter, Associate and Samantha Cresswell, Associate and Helen Young, Associate and Dilara Devin, Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the November edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

The future of financial crime under the new Labour government

27 Nov 2024

Join Lord Peter Hain, Labour peer and former government minister, and Sam Tate, Head of White Collar Crime and Compliance at RPC, as they discuss the practical implications of the future of financial crime prevention and enforcement under the new Labour government.

Digital operational resilience: the UK regulatory landscape

Published on 15 Nov 2024. By Richard Breavington, Partner

Operational Resilience in the supply chain has become an undeniable priority for all financial service providers across the continent.

Regulatory Radar: quick takes - November 2024

Published on 11 Nov 2024. By Gavin Reese, Partner, Head of Regulatory

Welcome to the November 2024 of our bi-monthly Regulatory Radar: quick takes, which pulls together the latest developments from across the UK's regulators.

Failure to prevent fraud: key guidance released

Published on 08 Nov 2024. By Sam Tate, Partner and Thomas Jenkins, Senior Associate and Robert Semp, Associate

On 6 November 2024, the Home Office released its much-anticipated guidance on the new failure to prevent fraud offence and the procedures that organisations can implement to prevent associated persons from committing fraud offences. Running to 44 pages, this guidance is crucial as it provides a framework for large organisations to establish effective fraud prevention measures.

The EU Compliance headache you don't know you have? A priority primer on the European Accessibility Act

Published on 31 Oct 2024. By Oliver Bray, Senior Partner and Hettie Homewood , Senior Associate

It is now less than a year until the EU Accessibility Act (EAA) comes into force, which will require businesses to ensure a range of products (eg smartphones and computers) and services (eg e-commerce services, consumer banking services, and ebooks) are accessible for persons with disabilities.

Lawyers Covered - October 2024

Published on 28 Oct 2024. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Carmel Green, Partner and Caroline Shiffner, Senior Associate and Victoria Lawman, Trainee Solicitor and Helen Kerr, Senior Associate

It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to the October edition of our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.

ClientEarth challenges claims made by BlackRock in its sustainable funds

Published on 28 Oct 2024. By James Wickes, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Not only are regulators clamping down on greenwashing but, as previously highlighted, ClientEarth, a non-profit international environmental law organisation, also has this issue squarely in its sights.

Government consults on regulation of Buy-Now Pay-Later products

Published on 25 Oct 2024. By Whitney Simpson, Of Counsel and Lucy Hadrill, Associate

In 2021, HM Treasury announced its intention to regulate certain unregulated buy-now pay-later (BNPL) products in the UK. This followed recommendations made in the Woolard Review which raised concerns about the increased use of BNPL products during the pandemic and the significant risk that these unregulated credit products could cause consumer harm.

FCA consults on changes to the payments safeguarding regime

Published on 24 Oct 2024. By Whitney Simpson, Of Counsel and Lucy Hadrill, Associate

Under the Payment Services Regulations 2017 (PSRs) and the E-Money Regulations 2011 (EMRs) payment institutions (PIs), electronic money institutions (EMIs), small EMIs and credit unions are required to protect "relevant funds" which they receive when making a payment or in exchange for e-money that has been issued. Current safeguarding requirements are set out in the PSRs and EMRs, with guidance contained in the Financial Conduct Authority's (FCA) Approach Document.

Seeing the wood for the trees: preparing for new deforestation due diligence rules in the UK and EU

Published on 24 Oct 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead