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In Employment

United Kingdom: Working with Unions bulletin | October 2022 to March 2023

by 1 Min Read

This bulletin covers the period of October 2022 to March 2023 and includes a decision of the Central Arbitration Committee (CAC) on the limitation period for bringing a Regulation 20 claim under the Transnational Information and Consultation of Employees Regulations 1999 and two interesting Employment Appeal Tribunal decisions considering: (i) whether the CAC has jurisdiction to hear complaints post Brexit where central management is situated in the UK, and (ii) whether the duty to inform and consult arises where collective redundancies are happening in multiple European Economic Area states but there is no common rationale for the redundancies.

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In Employment

South Africa: Amended employment equity laws to further regulate diversity and transformation

by 5 Mins Read

South Africa’s newly enacted Employment Equity Amendment Act (EEA Act) includes changes to the legislation governing workplace transformation, as well stricter compliance measures for designated employers. Once in force, the EEA Act will oblige designated employers to prepare employment equity plans. It will be essential for such employers to align their plans to achieve the targets for the employment of black people under the broad-based black economic empowerment codes of good practice with their employment equity plans.

In Employment

United Kingdom: Tricky questions – redundancy and disability discrimination

by and 1 Min Read

Restructuring is commonly used by employers to weather the economic storm. For a dismissal to be fair, it needs to be for a fair reason (which includes redundancy) and follow a fair process. However, there are additional considerations that an employer should take into account where disabled employees are affected, which, if breached, could result in financial and reputational high value claims against the employer.

In Employment

Hong Kong: Increased penalties for breaching occupational safety and health requirements

by , and 2 Mins Read

On 28 April 2023, the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Ordinance 2023 took effect upon gazettal. Employers who breach the statutory occupational safety and health requirements in Hong Kong will now be subject to significantly higher fines and imprisonment for up to two years.

In Employment

Germany: Draft bill on the obligation to record working time published

by 6 Mins Read

On 18 April 2023, the Federal Ministry of Labor and Social Affairs published the much anticipated draft bill on the exact requirements of how to meet the duty to record working time. The Draft Bill was published against the backdrop of a ruling by the Federal Labor Court in September 2022. Germany’s highest labor court ruled that employers — regardless of the size of the company and the existence of a works council — must record the working hours of their employees (Ref.: 1 ABR 22/21).

In Employment

Asia Pacific Employers Forum 2023

by , , , , , , , , , , , , , and 1 Min Read

Baker McKenzie’s Asia Pacific Employers’ Forum took place in Singapore on Thursday, 27 April 2023. You can access a number of related resources relating to employment issues and trends.

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In Employment

United Kingdom: Government guidance on positive action

by and 4 Mins Read

On 17 March 2023, the government published an update on its progress in delivering its Inclusive Britain action plan that it published in March 2022. As part of that update, the government has published guidance for employers on how to take positive action to help people with protected characteristics overcome certain barriers and improve representation in their workforce without falling foul of the unlawful discrimination rules.

In Employment

United States: ID&E IMPACT – Diversity data collection and management – Pitfalls and practical tips (Video chat)

by 2 Mins Read

It’s common practice for companies to collect diversity data and use it to assist in analyzing the concrete benefits of current inclusion, diversity and equity efforts in the workplace, and for recalibrating ID&E goals. However, collecting and managing diversity data can be fraught with risk. In this ID&E IMPACT video, Employment knowledge lawyer Autumn Sharp is joined by Director, ID&E of the Americas, Marredia Crawford and Labor and Employment lawyer Goli Rahimi to discuss what employers should be concerned about when collecting and managing diversity data, as well as some practical tips to help companies navigate this important but complex exercise.

In Employment

Belgium: Social elections 2024

by 3 Mins Read

Undertakings that habitually employ on average at least 50 employees will have to hold so-called ‘social elections’ in May 2024. The preparatory procedure for this year will begin in December 2023. The average headcount is determined over a reference period of one year running from Q4 2022 through Q3 2023. The specific category of interim agency workers is also taken into account for determining the average headcount, be it only in function of their employment in Q2 2023. To that effect, employers in Belgium need to keep a special register.

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