With the arrival of COVID-19 vaccines in Hong Kong, employers may wish to encourage or even require their employees to be vaccinated for protection. An interesting question arises: If an employee gets injured on their way to or from the vaccination venue, will the employer have to pay compensation? Two cases in the US may shed light on this. In Firestone Tire Rubber Co. v Crawford, 177 Ga. App. 242 (Ga. Ct. App ...
On the 4th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government (European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary ...
Rishi Sunak has announced the much-awaited budget for 2021 hailing protection for the “jobs and livelihoods of the British people”. We outline below the key elements impacting employers and their wider workforce. Budget 2021: The Employment Implications Rishi Sunak has announced the much-awaited budget for 2021 hailing protection for the “jobs and livelihoods of the British people” ...
This is the second article in our 2021 Tricky Issues Series. We will be looking at the five most common causes of delays in disciplinary processes, including the topical issue of delays relating to Covid-19, and how employers can best manage them ...
On 19 February 2021, the Supreme Court handed down a landmark judgment which confirmed that Uber drivers are workers and not independent contractors. We look at the basis for the decision and what it means for other employers. Background This case began back in 2016, when Uber drivers Mr Aslam, Mr Farrar and others submitted a claim to the Employment Tribunal (ET) regarding their employment status ...
In the second session of our latest Brexit Insight: Immigration webinar series, we shared some of our and our clients’ experiences on the new immigration system and changes to right to work document checks, 8 weeks on from the end of free movement for EU workers. We also touched upon the new application process and relevant timescales ...
California employers should assess their meal period policies and practices in light of the California Supreme Court's February 25, 2021, decision in Donohue v. AMN Services, LLC (Donohue). This ruling: (1) prohibits California employers from rounding time punches for meal periods and (2) holds that time records showing non-compliant meal periods will raise a rebuttable presumption of liability for meal period violations ...
It is not unusual for an employee to raise a grievance during their employment. However, this can become the default position, often when the working relationship breaks down. We consider some practical steps for employers to take when this occurs. What is a grievance? The Advisory, Conciliation and Arbitration Service (ACAS) defines a grievance widely as any complaint, concern or problem that an employee wishes to raise with their employer ...
The Shoosmiths pensions team has hosted a webinar for non-pensions professionals, trustees and company directors to provide an oversight of pensions issues likely to effect businesses over the next 12 months ...
On February 22, the government extended the state of emergency by 90 days, to May 23. The extension also applies to the transitional provisions the government passed in the earlier phase of the pandemic for the protection of health and the economy. Among these transitional rules is the so-called Home Office Decree. This decree relaxed the regulation in the field of the otherwise strict and rigid rules pertaining to teleworking and home office work ...
Cal-OSHA’s COVID-19 regulation remains in effect after the trial court rejected a motion for a preliminary injunction filed by a coalition of employers. This included challenges to: (1) compensation for employees excluded from work; (2) mandated testing; and (3) health and safety requirements for employer-provided housing and transportation. Therefore, employers must continue to abide by the requirements of the emergency regulation ...
In 2020, telehealth went from promising ancillary issue to center stage in the healthcare industry. Regulators and law enforcement took notice. With enforcers’ attention now squarely on telehealth fraud and abuse, telehealth providers and companies are poised to be among the main targets for civil and criminal enforcement in the coming years. Webinar Recording Key Takeaways Telehealth is a key enforcement priority for federal and state enforcement agencies, including the U ...
Legal Notice 59 of 2021 has amended the annual leave provisions in the Organisation of Working Time Regulations (S.L. 452.87). With effect from the 1st of January 2021, the days of annual leave have been reduced from 27 days to 24 days but employees shall be entitled to an additional day of annual leave in respect of public or national holidays falling on a Saturday, Sunday or weekly day of rest ...
This week, Westlaw Today published an article by Dinsmore partner J.T. Wilson III about the generational shift in attitudes toward racial equity in light of George Floyd's death and about how business owners and employers must react accordingly ...
As of March 11, 2020, the date on which the World Health Organization (WHO) declared COVID-19 a pandemic, States have taken various measures such as social distancing, restriction of free movement, the closure of borders, among others, which have undoubtedly had a decisive impact on people in general, and especially on workers and employers ...
We wish to bring to your attention that the deadline for applying for foreign employee work permits for 2021 with the Ministry of Labour and Vocational Training (“MLVT”) is 31 March 2021. This obligation applies to every employer in Cambodia employing foreign employees, including representative offices, branches, private or public limited companies, non-governmental organizations and associations ...
New research from the CIPD has confirmed that LGBT+ employees experience higher level of work-based conflict, and almost one in five transgender workers feel psychologically unsafe at work. The CIPD’s recent report, Inclusion at work: perspectives on LGBT+ working lives confirms that while workplace inclusivity is fundamental to good, fair work and positive employee outcomes, many organisations have been slow to make headway to support their LGBT+ workforces ...
Is Wi-Fi sickness a disability? The California Court of Appeal just said it is in Brown v. Los Angeles Unified School District (2d Dist., Div. Eight), Case No. B294240. In a case that tests the limits of California’s liberal pleading standard, the appellate court green-lighted a claim of a woman who asserted a disability of “electromagnetic hypersensitivity,” or, as the concurring justice put it, “Wi-Fi sickness ...
On February 15th, 2020, Law No.21,312 (hereinafter, the “Law”) was published in the Official Gazette, which extends the enforcement of the benefits and entitlements established in Title I of law No.21,227 (“Employment Protection Act”) and in Law No.21,263 (that temporarily amends the requirements to access and increases the amounts of the benefits of the unemployment insurance) and grants new provisions with charge to the unemployment mutual aid fund ...
Dear valued clients, colleagues and business partners, You are invited to join a remarkable panel of speakers who will discuss some of the latest trends in online infringement related to Covid-19 pandemic and best practices for developing a sound brand protection strategy for your intellectual property ...
With businesses now building back up following the pandemic, focus has moved onto ensuring organisations are as efficient, effective and resilient as possible. Key to this is ensuring that managers are fully equipped to handle workplace issues. The session focuses on dealing with DSARS and other practical data protection issues for employers. The key takeaway points are set out below: Brexit and Data Protection The Data Protection Act 2018 continues to apply in the UK ...
This is the final article in a series reflecting on employee mental health and wellbeing challenges that employers are currently facing. It focuses on how employers can support employee mental health going forwards. Flexible future? If COVID-19 has done one thing at the very least, it is to open employers’ eyes to different and more creative ways of working ...
The Pension Schemes Bill received Royal Assent on 11 February 2021, becoming the Pension Schemes Act 2021. Originally introduced into Parliament in Autumn 2019, the Act covers a mix of pensions-related matters which we outline in this article. Parts One and Two set out the legislative framework for establishing a collective money purchase scheme, commonly known as a collective defined contribution scheme (Part Two extends this to Northern Ireland) ...
A summary of the decision in Allay (UK) Limited v S Gehlen and a reminder to employers to keep equal opportunities training up to date to be able to rely on the all reasonable steps defence under s 109 (4) of the Equality Act 2010. It is common for employers to provide employees with equal opportunities training, to underpin workplace culture as well as to prevent discrimination from taking place. A recent case, however, provides a salutary reminder to keep such training up to date ...
