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Thinking - Blog

Supreme Court upholds that fiduciaries must act with "single-minded loyalty toward their principals (or beneficiaries)"

Published on 22 Apr 2025. By Daniel Parkin, Associate and Zoe Melegari, Senior Associate

In Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10, the Supreme Court unanimously affirmed the legal test for the account of profits rule (the Profit Rule).

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Thinking - Blog

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, Senior 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").

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Thinking - Blog

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, Senior 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.

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Thinking - Blog

Increased penalty for employers who employ overstayers

Published on 29 Nov 2021. By Andrea Randall, Partner

Immigration (Amendment) Ordinance 2021 (“IAO”)

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Thinking - Blog

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.

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Thinking - Blog

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.

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Thinking - Blog

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.

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Thinking - Blog

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.

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Thinking - Blog

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.

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Thinking - Snapshot

The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?

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Thinking - Snapshot

EU Guidance on the AI Act

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?

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Thinking - Snapshot

The Online Safety Act: Illegal Harms Codes officially in force, focus now on children

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?

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Thinking - Snapshot

The UK Government’s consultation on Copyright and AI

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?

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Thinking - Snapshot

UK’s new AI Cyber Security Code of Practice

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?

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Thinking - Snapshot

UK’s “AI Opportunities Action Plan”

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?

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Thinking - Snapshot

EU publishes draft Code for general-purpose AI models

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What measures are proposed by the EU AI Office to regulate general-purpose AI (GPAI) models?

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Thinking - Snapshot

Ofcom rolls out implementation phases for compliance with the Online Safety Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What is Ofcom’s timeframe for implementation of the Online Safety Act (OSA) and what actions will in-scope services need to take to ensure compliance?

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Thinking - Snapshot

New Safer Phones Bill aims at “making social media less addictive” for young people

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How does the Safer Phones Bill intend to protect young people online?

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Thinking - Snapshot

Two years on from the Digital Services Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How has the European Commission (Commission) enforced the Digital Services Act (DSA) since its inception?

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Thinking - Snapshot

UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What is the AI and Digital Hub and how can AI innovators use it?

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Thinking - Snapshot

EU designates Apple a gatekeeper for iPadOS but not for iMessage

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?

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Thinking - Snapshot

Online Safety Act: Ofcom consults on draft codes to protect children online

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?

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Thinking - Snapshot

What in the AI is going on… April to June 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.

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Thinking - Snapshot

EU AI Act is signed!

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?

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Thinking - Snapshot

CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?

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Thinking - Snapshot

New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

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Thinking - Blog

Commercial Court cracks down on crypto-fraudsters (if it can find them)

Published on 18 Feb 2021. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel and Becky Baker , Associate

In the first initial coin offering 'ICO' fraud case before the Commercial Court, Ion Science Limited & Duncan Johns v Persons Unknown & Ors, the court granted permission to serve disclosure orders on two cryptocurrency exchanges through which the claimants' stolen bitcoin had been traced, granted a world-wide freezing order against persons unknown, and gave ground-breaking guidance on the lex situs of crypto-assets.

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Thinking - Podcast

Carers Week Special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces, with Rachel Pears and Zahra Lakhan-Bunbury

Published on 25 Jun 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Blog

Hong Kong’s New 468 Rule for Continuous Employment

Published on 23 Jun 2025. By Andrea Randall, Partner and Courtney So, Associate

On 18 June 2025, LegCo passed the Employment (Amendment) Bill 2025 (the "Bill"). The Bill revises the working hours threshold for determining continuous employment and makes it easier for employees to enjoy the employment protection available under the Employment Ordinance (Cap. 57). The revised continuous contract requirement will take effect from 18 January 2026.

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Thinking - Podcast

Carers Week Special (Part 1): Lived experiences, the law and the role of employers, with Rachel Pears and Zahra Lakhan-Bunbury

Published on 11 Jun 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

Supreme Court ruling on the definition of "sex": What does this mean for employers? with Patrick Brodie and Kelly Thomson

Published on 04 Jun 2025.

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.

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Thinking - Podcast

The Work Couch: Navigating trauma in the legal world (Part 2), with Rebecca Norris and Camilla Wells: Implementing a trauma-informed work culture

Published on 28 May 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Navigating trauma in the legal world (Part 1), with Rebecca Norris and Camilla Wells: Spotting the signs and understanding the science

Published on 14 May 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Publication

Regulatory Radar: quick takes May 2025

Published on 12 May 2025. By Gavin Reese, Partner, Head of Regulatory

Welcome to the latest edition of our bi-monthly Regulatory Radar: quick takes update, which collates the latest developments from across the UK’s regulators.

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Thinking - Blog

Neonatal Care Leave: What do employers need to know?

Published on 07 May 2025. By Kim Wright, Senior Associate and Joanna Holford, Senior Associate and Brodie Walker, Trainee Solicitor

On 6 April 2025, the long-awaited new statutory right to neonatal care leave came into effect in England, Wales and Scotland. The new right provides employees with up to 12 weeks' leave if their babies spend an extended period in neonatal care.

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Thinking - Podcast

The Work Couch: Neonatal care leave (Part 2): Managing the process and supporting employees, with Joanna Holford and Catriona Ogilvy

Published on 16 Apr 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Neonatal care leave (Part 1): What is the new right, who is eligible, and does the law go far enough? With Joanna Holford and Catriona Ogilvy

Published on 02 Apr 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: What to expect at an employment tribunal: appearing as a witness, with Kim Wright and Joseph England

Published on 19 Mar 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Blog

Employment Rights Bill: 10 key amendments explained

Published on 13 Mar 2025. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

On 5 March 2025, the government published a 200 page amendment paper containing a wide range of amendments to the draft Employment Rights Bill (the Bill). A number of the amendments follow the government's response to various consultations on some of the most significant proposed reforms. We highlight 10 of the key amendments and what they mean for employers.

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Thinking - Podcast

The Work Couch: Data protection and HR-related challenges (Part 2), with Jon Bartley and Helen Yost

Published on 05 Mar 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Preventing sexual harassment - is your business compliant?

Published on 19 Feb 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Data protection and HR-related challenges (Part 1), with Jon Bartley and Helen Yost

Published on 05 Feb 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: What's on the horizon for employment law in 2025?

Published on 22 Jan 2025.

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.

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Thinking - Podcast

The Work Couch: Disability inclusion at work (Part 3): What does genuine accessibility look like? with Samantha Renke

Published on 03 Dec 2024.

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.

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Thinking - Podcast

The Work Couch: Disability inclusion at work (Part 2): Narratives, reasonable adjustments, and the business case for accessibility, with Samantha Renke

Published on 27 Nov 2024.

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.

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Thinking - Podcast

The Work Couch: Disability inclusion at work (Part 1): The lived experience, with Samantha Renke

Published on 20 Nov 2024.

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.

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Thinking - Podcast

The Work Couch: How to tackle seven tricky disciplinary issues, with Joanna Holford

Published on 06 Nov 2024.

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.

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Thinking - Podcast

The Work Couch: Employment Rights Bill: What employers need to know, with Patrick Brodie

Published on 23 Oct 2024.

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.

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Thinking - Podcast

The Work Couch: Black maternal experiences and supporting colleagues, with Shanice Holder, Tinuke Awe, Clo Rebecca Abe and Tonye Alagoa

Published on 09 Oct 2024.

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.

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Thinking - Podcast

Neurodiversity at work (Part 3): How to implement effective neuro-inclusion

Published on 18 Sep 2024.

Ahead of ADHD awareness month in October, we are devoting our latest deep-dive mini-series to the topic of neurodiversity. Given 15 to 20% of the UK population are neurodivergent - and more than half of Gen Z identify as "definitely" or "somewhat" neurodiverse - it is essential for employers to understand how neurodiversity interacts with, and affects, employment law and the world of work.

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