Our e-bulletin this month begins with a look at a recent Singapore case where the court took into account the Tripartite Guidelines on Wrongful Dismissals in finding that an employer lacked sufficient cause in dismissing a pregnant employee under section 84(1)(b) of the Employment Act. Click here to read a summary of the case. Over in Mainland China, we look at the latest cases and judicial reports concerning women’s employment rights, including the Work Report on the Trial of Labour Disputes Involving Female Employees from 2018 to 2023 published by the Suzhou Intermediate People’s Court. Clic ..read more

It is estimated that 55% of the UK workforce is planning on requesting flexible working hours once some significant changes to Employment Law, including to the flexible work request regime, come into effect from Saturday 6 April. Employers need to be aware of these changes, which extend to family leave rights, redundancy protection, tribunal compensation award limits, minimum wage and pay for statutory leave, and update staff policies and handbooks accordingly. In this episode, Christine Young and Anna Henderson discuss the changes to various family leave rights and changes to flexible work re ..read more

Our e-bulletin this month begins with a look at a recent Singapore case where the court took into account the Tripartite Guidelines on Wrongful Dismissals in finding that an employer lacked sufficient cause in dismissing a pregnant employee under section 84(1)(b) of the Employment Act. Click here to read a summary of the case. Over in Mainland China, we look at the latest cases and judicial reports concerning women’s employment rights, including the Work Report on the Trial of Labour Disputes Involving Female Employees from 2018 to 2023 published by the Suzhou Intermediate People’s Court. Clic ..read more

In today’s post-Covid world, flexible working arrangements have evolved from a temporary solution to a likely permanent fixture. Initially implemented to ensure business continuity and employee safety, these arrangements have proven beneficial in enhancing work-life balance, boosting productivity, reducing turnover, and expanding the talent pool. This article provides a comparative analysis of the legal requirements around flexible working arrangements across the region. Questions Singapore Hong Kong Indonesia Malaysia PRC Is there a statutory requirement to grant flexible working arran ..read more

Philippine law sets a high standard in establishing a just cause for termination of employment. There are also due process requirements which must be complied with. Termination of employment in the Philippines generally As a rule, employees have security of tenure, and their employment can only be terminated by an employer for just cause or authorised cause. Authorised cause pertains to factors attributable to the company, such as labour-saving device installation, redundancy, retrenchment to prevent losses, or cessation of operations. Just cause, on the other hand, relates to factors directly ..read more

The recent Court of First Instance decision in Tahoe Life Insurance Company Ltd v Cheung Wai Yi [2024] HKCFI 782 serves as a reminder that employers should take proactive steps to safeguard their confidential information when dealing with departing employees. Background Tahoe Life Insurance Company Limited (Employer) is an insurance company which offers a range of insurance products in Hong Kong. Ms Cheung (Employee) was employed as an Executive Assistant. Clause 13 of her employment contract (Use of Information Clause) provided that: “13. Use of Information Duty of confidentiality of all staf ..read more

In celebration of International Women’s Day, classic cases and judicial reports have been released at both the national and local court levels to safeguard women’s employment rights and clarify employers’ obligations. In this update, we summarise the cases and reports. National classic case As highlighted in our previous update, the Law on the Protection of Women’s Rights and Interests (“Women’s Protection Law“) establishes a remedy approach of public interest litigation for female employees whose rights have been violated. Recently, the Supreme People’s Procuratorate (who acts as a public pro ..read more

A pregnant employee was dismissed with payment in lieu of notice. Dispute ensued and the employer brought claims for the return of company property and misappropriation of company funds. The former employee argued that her employment was terminated because she was pregnant and filed counterclaims for wrongful dismissal. The Singapore District Court in Longitude 101 Pte. Ltd. v Navinea Kanapathy Pillai [2024] SGDC 47 allowed the counterclaims and in doing so considered the Tripartite Guidelines on Wrongful Dismissal (Tripartite Guidelines) in assessing what amounted to sufficient cause under se ..read more

The basics of redundancy processes in the UK have been unchanged for some time, so the forthcoming changes from 6 April could be a trap for the unwary, if usually confident managers are not careful. In this Espresso Pod, Employment Partner, Nick Wright, and Professional Support Consultant, Anna Henderson, discuss what the upcoming changes mean in practice. Herbert Smith Freehills Podcasts · Employment Espresso Pods: Important changes to the law on redundancies   Key Contacts Nick Wright Partner +44 20 7466 7524 Anna Henderson Professional Support Consultant +44 20 7466 2819 ..read more

This April sees a raft of employment law changes coming into force, requiring employers to update staff policies and ensure that managers are briefed.  Below is a quick checklist, along with links to our earlier more detailed posts.  Please do get in touch with your usual HSF contact if you would like further information or assistance with updating policies. Changes to flexible work requests: all proposed changes now confirmed for 6 April Regulations were made earlier in the year making the right to request flexible working a day one right from 6 April 2024. A second set of regulati ..read more