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Employment Tribunals

There is never a good time to face an Employment Tribunal claim.

But when it happens, it’s important to entrust your matter to a legal team who:

  • Has seen it all before. There aren’t many Tribunal litigation issues, no matter how obscure, that we haven’t come across before and can’t bring our experience to bear on
  • Understands the difference between a routine matter and a “bet the farm” claim, and allocates resources to match
  • Realises that, while litigation might be our day job, it isn’t yours and guides you through the process – from pleadings to disclosure through witness statements and on to the full hearing – as smoothly and effortlessly as possible
  • Always has its eye on the commercial objective, knowing when the time is right to go in “all guns blazing”, and when an expertly negotiated exit is the best way forward

We can handle the whole range of Employment Tribunals claims and have particular expertise in:

  • Complex and sensitive discrimination and whistleblowing claims
  • Equal pay
  • Unfair dismissal, including the various types of automatic claim
  • Protective award claims under TUPE and TULR(C)A, and TUPE employee liability information disputes
  • Unlawful deductions from wages
  • Breach of contract
  • Dismissal and detriment for trade union membership and activities
  • Agency worker disputes

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Business

Hong Kong court upholds summary dismissal in light of employee’s secret business

17 December 2021

In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.

office floor

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 2021

Zhang 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.

Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance

17 December 2021

In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited) [2021] HKDC 46, the Court found that the employer had failed to provide rest days to the employee as they had been expected to have a degree of flexibility during their standby period.

Hong Kong court confirms that the implied duty of mutual trust and confidence cannot be relied upon to recover damages for loss arising from the manner of dismissal

16 December 2021

In the case of Lam Siu Wai v Equal Opportunities Commission [2021] HKCFI 3092, the Court of First Instance held that the employer’s right to terminate in accordance with the terms of employment was not subject to the implied duty of mutual trust and confidence and so an employee could not rely on it to recover damages for loss arising from the manner of his or her dismissal.

Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies

28 October 2021

In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.

Employment Tribunal rulings on Covid-19 issues – what can we learn?

02 September 2021

The pandemic required many employers to make difficult decisions in unprecedented and rapidly evolving circumstances, giving rise to concerns this would lead to a deluge of Employment Tribunal claims. We look at some of the early cases to see what lessons can be learnt when planning for a return to work.

Whistleblowing

Whistleblowing claims

09 June 2021

Whistleblowing claims are among the most difficult and dangerous types employment litigation that a business may face.

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