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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
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When does notice to terminate an employment contract take effect?
30 March 2017The Court of Appeal has ruled that, in the absence of an express contractual term, written notice to terminate a contract of employment is only effective when it is received personally by the employee.
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When does a chat with competitors become illegal?
09 October 2017We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.
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When is collective bargaining exhausted and a direct offer of new employment terms allowed? The EAT confirms an objective test
21 June 2022In the first reported application of the Supreme Court’s landmark Kostal decision, the Employment Appeal Tribunal has ruled that an employer could not unilaterally declare that its negotiations with its recognised trade union had finished. As unionised employers may only make direct offers to employees after exhausting their collective bargaining procedure, the employer now faces punitive fines.
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Record €225 million fine imposed by DPC in WhatsApp transparency decision
03 September 2021The Irish Data Protection Commissioner (DPC) has imposed a record €225 million fine on WhatsApp Ireland Limited for breaching the General Data Protection Regulation’s (GDPR) transparency obligations “with regard to the provision of information and the transparency of that information to both users and non-users of WhatsApp’s service”, including information about the processing of their data between WhatsApp and other Facebook companies.
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What happens now that the UK has voted to leave the EU
24 June 2016The UK population voted to leave the European Union (“EU”) on 23 June 2016, but nothing will happen for employers and employees overnight.
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What is “MAR”? And what changes has it introduced for listed companies?
02 August 2016The EU Market Abuse Regulation (596/2014) (MAR) became directly applicable and effective in the UK from 3 July 2016, replacing the previous UK civil market abuse regime. While there is little change in the headline rules and terminology, the new regime has introduced more detailed regulation that listed companies and their advisers, directors, and others who discharge managerial responsibilities must now address.
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Election manifestos – what are the main political parties pledging on employment issues?
25 May 2017Employment issues have emerged as a major election battleground, reflecting the aspirations of the Conservatives and Labour - and perhaps to a lesser extent the Liberal Democrats – to be recognised as the ‘workers’ party’. Theresa May has rather boldly claimed to be pledging “the greatest expansion in workers’ rights by any Conservative government in history”.
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Transgender Day of Remembrance – what employers can do to make a difference
20 November 2018Today, 20 November, is Transgender Day of Remembrance - observed annually to honour the memory of those whose lives have been lost in acts of anti-transgender violence. It is part of Transgender Awareness Week, which aims to help raise the visibility of transgender people and address the issues trans people face.
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The new visa route for recognised or emerging leaders in architecture: what does this mean for the architectural sector?
13 December 2018The Government has announced a new immigration category for overseas recognised or emerging leaders in architecture that has the potential to ease access to jobs in the UK. With Brexit looming on the horizon, this news will provide some much needed reassurance that the UK’s Architecture sector will still be able to attract the best global talent over the coming years. However the new measures are limited in their scope and are unlikely to plug the gap that will be left once freedom of movement for EU workers comes to an end.
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Sports Q&A - What are the key changes to the new FIFA Disciplinary Code?
01 August 2019John Shea and ISDE Madrid Sports Law Masters student Udo Seckelmann (currently on a 3 month placement with Lewis Silkin) have used their football expertise to answer this month’s question about the updated FIFA Disciplinary Code.
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Processing personal data and consent in the employment context – what are the issues?
07 August 2019The Hellenic Data Protection Authority has imposed a €150,000 fine against an employer which had inappropriately relied on consent as the lawful basis for processing employee data. This decision is an important reminder for employers and data controllers on the limitations of using consent as a valid basis for processing employee data in the post- 25 May 2018 EU General Data Protection Regulation (“GDPR”) landscape.
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Election manifestos – what are the main parties pledging on employment issues?
27 November 2019Despite the dominance of Brexit, employment issues are one of the main election battlegrounds for all of the major political parties. There is a particular focus on current hot topics, including insecure work and the gig economy, addressing gender (and other) pay gaps, and new mechanisms for enforcing employment rights.
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What is to come for employment law (under a Conservative government)?
13 December 2019The general election has produced a decisive Conservative win with Boris Johnson as Prime minister – what will this mean for employment law?
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Vegans protected by the Equality Act - what does it mean for employers?
07 January 2020Ethical veganism can be a philosophical belief that is protected under the Equality Act, according to an Employment Tribunal (“ET”) in the widely-reported case brought by Jordi Casamitjana. But what does this actually mean in practice for employers?
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Coronavirus - what should employers do now?
05 February 2020The coronavirus outbreak throws up numerous employment law issues, including questions about travel, health and safety concerns and discrimination claim risks. From staff who refuse to attend work despite being well, to those who refuse to stay home when sick, what do employers need to know?
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Furloughing employees – what does it mean for employers?
22 March 2020The government has announced the Coronavirus Job Retention Scheme to provide UK employers with support for paying wages of staff who would otherwise have been laid off as a result of Coronavirus.
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Update on Hong Kong’s Employment Support Scheme (ESS) under the Anti-Epidemic Fund: what we know so far
20 April 2020On 18 April 2020, the Finance Committee of the Legislative Council gave funding approval for the second round of the anti-epidemic fund. This HKD$137.5 billion fund is set to be spread out over a variety of industries, with one of the main aims being job retention and job creation.
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European Commission supports voluntary travel vouchers but what are the implications for the UK travel business?
22 May 2020The European Commission has issued a “Recommendation”, announcing that it wants to encourage consumers to accept vouchers in place of cash refunds for cancelled holidays.
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Ireland: what do the July Stimulus Plan and Programme for Government mean for employers?
29 July 2020This article discusses key measures for employers under the new Irish government’s July Stimulus Plan, plus various commitments under its Programme for Government which could have a significant impact in workplaces.