Kim Wright
Senior Associate
Bristol
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Perspective - Blog
How to prevent discrimination in the Workplace: practical advice for Hong Kong employers
Hong Kong law prohibits discrimination in the workplace. Unless an exemption applies, it is unlawful to directly or indirectly discriminate on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status and race (each a "protected characteristic").
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Perspective - Blog
Hong Kong Wage Subsidy Update – Government announces new round of Employment Support Scheme
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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Perspective - Blog
The obligation to provide tribunal documents to journalists
In Guardian News & Media Ltd v Rozanov and EFG Private Bank Ltd [2022] EAT 12, the Employment Appeal Tribunal (EAT) set out some useful guidance on the correct approach to third- party documentation requests, including where a request is made by a journalist for skeleton arguments, witness statements and documents referred to in the judgment.
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Perspective - Publication
The Employment (Amendment) Bill 2022 and what it means in light of the potential citywide lockdown
In an attempt to further curb the soaring number of daily cases of coronavirus infections, in addition to the vaccine pass scheme, Hong Kong may be facing its first citywide lockdown later this month. In light of these anti-epidemic measures, the Employment (Amendment) Bill 2022 (the "Bill") was gazetted on 25 February 2022, which sought to strike a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits.
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Perspective - Publication
Employees leaving Hong Kong: What can employers do to recruit and retain staff?
Recently there have been a number of news articles in which employers in Hong Kong are expressing their concern over the high numbers of employees leaving the city and a lack of new arrivals.
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Perspective - Blog
Proposed amendments the Employment Ordinance announced by the government on Tuesday, 8 February 2022
Unvaccinated persons will be banned from entering an additional six types of premises, namely shopping malls, department stores, religious venues, supermarkets, wet markets and hair salons under a "vaccine pass" scheme, which is to be launched later this month on 24 February 2022. From 24 February 2022 onwards, only persons who received at least the first dose will be allowed to enter regulated premises using the LeaveHomeSafe app and presenting their vaccination record.
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Perspective - Publication
Hong Kong Employment: Settlement Agreements
International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.
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Perspective - Publication
Hong Kong Court grants injunction to enforce non-compete
Interlocutory injunction to enforce employee’s post-termination paid non-compete clause
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Perspective - Blog
Increased penalty for employers who employ overstayers
Immigration (Amendment) Ordinance 2021 (“IAO”)
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Perspective - Publication
Investigation and Disciplinary Action: Law and Practice in Hong Kong
Where an employer suspects its employee(s) has committed an act of misconduct, an employer should take reasonable steps to find out what has happened. The earlier an employer learns about the misconduct, the better. A proper investigation into the issue may give the employer a fighting chance of resolving it, addressing it and, even if it doesn't, might at least give the employer a defence to a future lawsuit.
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Perspective - Blog
Hong Kong's Legislative Council to consider Cancellation of MPF Offsetting
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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Perspective - Publication
Hong Kong Employee Focus: Things to consider before handing in your notice
Before you hand over your notice of resignation, it is important take a moment to plan ahead and think through the legal and practical considerations of your decision.
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Perspective - Publication
Mandatory vaccinations for employees in Hong Kong
In the wake of the Chief Executive’s remarks last week, where she urged private sector employers in Hong Kong to require COVID-19 vaccinations for employees, the question at the top of every employer’s list is – can we legally require employees to undergo vaccination, and if they refuse, require those employees to be regularly tested?
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Perspective - Publication
Hong Kong Employee focus: things to be aware of when leaving your role to join a competitor
For many employees, changing jobs can be stressful. Having gone through multiple rounds of interviews and discussions, there is a real temptation to sign on the dotted line when the employment contract is finally issued.
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Perspective - Publication
Statutory holidays in Hong Kong to increase to 17 days
All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.
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Perspective - Publication
Redundancy in Hong Kong – Payments and notification obligations
In the last of this series, we consider the standard payments owed to an employee on termination as well as employers' notification obligations to government entities in Hong Kong on the cessation of employment.
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Perspective - Publication
Hong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties
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).
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Perspective - Publication
Redundancy in Hong Kong – An employee's guide to the legal and practical considerations
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.
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Perspective - Blog
What is "mutuality of obligation" and why does it matter in the world of work?
Any business which needs work to be done for it makes a choice as to how that work is procured and delivered.
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Perspective - Publication
Redundancy in Hong Kong – An employer's guide to the law, process and practical considerations
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.
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Perspective - Publication
Redundancy – The law in Hong Kong
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.
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Perspective - Blog
The future world of work – a recipe for success
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.
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Perspective - Blog
Reimbursement of Maternity Leave Pay Scheme in Hong Kong
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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Perspective - Publication
Hong Kong Employment Law Changes in 2020 and What to Expect in 2021
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.
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Perspective - Publication
COVID-19 – Key vaccine considerations for employers
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.
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Perspective - Blog
Is the promise of a severance payment a reasonable adjustment?
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.
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Perspective - Blog
The summer of discontent?
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.
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Perspective - Blog
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?
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?
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Perspective - Blog
COVID-19 HK: Employment Update
As the COVID-19 pandemic continues, it is anticipated that more and more businesses will need to make plans for cost-cutting measures.
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Perspective - Blog
COVID-19: Your workforce – furloughing - act to mitigate the risk of exposure to tax evasion offences as scheme could be open to abuse
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.
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Perspective - Blog
Hot off the Press: COVID-19 - Your workforce: a Q&A on claiming for wage costs through the Job Retention Scheme
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.
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Perspective - Blog
COVID-19 Your workforce: a caution against putting equality on the backburner
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.
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Perspective - Blog
COVID 19 Your workforce: What on earth is "furlough"?
Meaning of furlough, especially in the context of companies dealing with the impact of COVID-19.
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Perspective - Blog
COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring
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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Perspective - Blog
COVID-19 Your workforce: supporting mental health when home working
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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Perspective - Blog
Sharpen your blue pencil: the doctrine of severance in employment cases
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.
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Perspective - Blog
Put your little stone in the great mosaic
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?
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Perspective - Video
Gender Pay Gap Reporting – are you ready?
Hear Patrick Brodie and Kelly Thomson discuss the requirements on businesses to comply with Gender Pay Gap Reporting legislation.
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Perspective - Publication
Some holiday pay reading
A new decision on holiday pay and commission.
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Perspective - Publication
Employment update, December 2015
Implied terms: when can a term be implied into a contract?
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Perspective - Publication
Employment update, November 2015
Penalty clauses: what is the test where a clause is claimed to be unenforceable?
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Perspective - Publication
Employment update, October 2015
Whistleblowing: A dispute about terms of employment can be a matter of “public interest”
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Perspective - Publication
Employment update, September 2015
HR assistance in disciplinary procedures: how much is too much?
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Perspective - Blog
Restrictive Covenant Clause Enforced Despite it Containing a Drafting Error
The High Court has just handed down its judgment in the case of Prophet Plc v Huggett.
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Perspective - Blog
Different Emails, Read Together, Can be a Qualifying Whistleblowing Disclosure
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.
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Perspective - Blog
British National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals
For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.
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Perspective - Blog
Collective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount
University College v University of Stirling [2014] CSIH 5.
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Perspective - Blog
Report Card
We're casting our critical eye over the Government's employment law proposals and writing its school report.
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Perspective - Blog
Faith and Freedom
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.
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