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Hong Kong Court grants injunction to enforce non-compete

Published on 09 Dec 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

Interlocutory injunction to enforce employee’s post-termination paid non-compete clause

Investigation and Disciplinary Action: Law and Practice in Hong Kong

Published on 22 Oct 2021. By Andrea Randall, Partner

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.

Hong Kong Employee Focus: Things to consider before handing in your notice

Published on 24 Sep 2021. By Andrea Randall, Partner

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.

Mandatory vaccinations for employees in Hong Kong

Published on 06 Sep 2021. By Andrea Randall, Partner

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?

Hong Kong Employee focus: things to be aware of when leaving your role to join a competitor

Published on 23 Aug 2021. By Andrea Randall, Partner

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.

Statutory holidays in Hong Kong to increase to 17 days

Published on 02 Aug 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

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.

Redundancy in Hong Kong – Payments and notification obligations

Published on 23 Jul 2021.

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.

Hong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties

Published on 16 Jul 2021. By Andrea Randall, Partner

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).

Redundancy in Hong Kong – An employee's guide to the legal and practical considerations

Published on 07 Jul 2021. By Andrea Randall, Partner

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.

Redundancy in Hong Kong – An employer's guide to the law, process and practical considerations

Published on 02 Jun 2021. By Andrea Randall, Partner

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.

Redundancy – The law in Hong Kong

Published on 18 May 2021. By Andrea Randall, Partner

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.

Hong Kong Employment Law Changes in 2020 and What to Expect in 2021

Published on 24 Mar 2021. By Andrea Randall, Partner

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.

COVID-19 – Key vaccine considerations for employers

Published on 17 Mar 2021. By Andrea Randall, Partner

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.

Some holiday pay reading

Published on 26 Feb 2016.

A new decision on holiday pay and commission.

Employment update, December 2015

Published on 09 Feb 2016.

Implied terms: when can a term be implied into a contract?

Employment update, November 2015

Published on 17 Dec 2015.

Penalty clauses: what is the test where a clause is claimed to be unenforceable?

Employment update, October 2015

Published on 23 Nov 2015.

Whistleblowing: A dispute about terms of employment can be a matter of “public interest”

Employment update, September 2015

Published on 07 Oct 2015.

HR assistance in disciplinary procedures: how much is too much?

Money Covered: The Week That Was – 10 May

Published on 10 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was – 3 May

Published on 03 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was – 26 April

Published on 26 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 19 April

Published on 19 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 25 August

Published on 25 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 04 August

Published on 04 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 28 July

Published on 28 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 07 July

Published on 07 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

The Professional Negligence Law Review, Edition 5

Published on 29 Jul 2022. By Nick Bird, Partner

The Professional Negligence Law Review provides an indispensable global overview of the law and practice of professional liability and regulation. It covers the fundamental principles of professional negligence law in each jurisdiction, including obligations, fora, dispute resolution mechanisms, remedies and time bars. The authors then review factors specific to the main professions and conclude with an outline of recent developments and issues to look out for in the year ahead.

Lawyers Covered - April 2022

Published on 28 Apr 2022.

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Construction of the insuring clause in solicitors’ MTC compliant policy considered in law firm funder’s claim

Published on 17 Feb 2022. By Laura Stocks, Partner and Aimee Talbot, Knowledge Lawyer

On 3 February 2022 Mr Justice Butcher handed down judgment in Doorway Capital Ltd v American International Group Ltd1, granting reverse summary judgment in favour of the insurer defendant.

The Professional Negligence Law Review, Edition 4

Published on 13 Aug 2021. By Nick Bird, Partner

This fourth edition of The Professional Negligence Law Review provides an indispensable overview of the law and practice of professional liability and regulation in 15 jurisdictions. The Professional Negligence Law Review contains information that is invaluable to the large number of firms, insurers, practitioners and other stakeholders who are concerned with the liability and regulatory issues of professionals across the globe. The variation in law and practice across the different jurisdictions is very noticeable and underlines the usefulness of a guide such as this.

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #4 - getting the witness evidence right and new rules

Published on 12 May 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Senior Associate (Australian Qualified)

This is the fourth and final article in our series following the decision in ABN Amro Bank N.V. v Royal Sun Alliance Insurance plc and 13 Underwriters and Edge Brokers (London) Limited, in which RPC acted for Edge.

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #2 – The underwriters defence

Published on 09 Apr 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Senior Associate (Australian Qualified)

A modern show of the historic defence strategy at its worst, or should that be best? We'll let you decide.

Law Society undertakes largest ever law firm intervention in Hong Kong

Published on 31 Mar 2021. By Carmel Green, Partner

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #1 - An overview of the case

Published on 30 Mar 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Senior Associate (Australian Qualified)

In this series of articles we take a look at the decision in ABN Amro Bank N.V. v Royal & Sun Alliance plc and 13 Underwriters and Edge Brokers (London) Limited. In this article we give an overview of the case. The remaining articles will focus on particular areas of the case, these will be: 1. Underwriters' duties 2. Brokers' duties 3.Witness evidence

COVID-19: The suspension of wrongful trading provisions and a moratorium for businesses in restructuring: what is the likely impact on Insurers?

Published on 27 Apr 2020.

On 28 March 2020 the Business Secretary announced further new far-reaching measures to help businesses combat the financial impact of COVID-19.

Insurance broker E&O exposures: COVID-19

Published on 26 Mar 2020.

As insurers brace themselves for large volumes of notifications across all lines of business relating to Coronavirus disease 2019 (COVID-19) we expect to see a second wave of E&O notifications by insurance brokers when policyholders (businesses and individuals) find themselves without adequate cover for losses relating to the pandemic. Some insurers are already seeing a spike in such notifications.

What if the CEO asks me about… the options available for a company facing financial difficulties?

Published on 26 Mar 2024. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

The latest government insolvency statistics highlight that the downturn in the UK economy is still taking a significant toll and the number of UK corporate insolvencies in February 2024 remains high (and 17% higher compared to February 2023).

Arresting times: Significant changes to UK corporate criminal liability and corporate transparency

Published on 04 Dec 2023. By Karen Hendy, Partner, Head of Corporate and Sam Tate, Partner

The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.

The EU Digital Markets Act: a levelling of the playing field?

Published on 15 Nov 2023. By Eleanor Harley , Senior Associate

The Digital Markets Act (the DMA) forms part of the EU’s Digital Services Act package, placing new obligations on “gatekeeper” platforms who offer core platform services to business and end-users established or located in the EU, irrespective of the gatekeepers’ place of establishment, residence, or any national laws applicable to their service.

Drip pricing, fake reviews and other digital dark arts

Published on 30 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

The Digital Markets, Competition and Consumers Bill (the Bill) is currently at Report Stage in its journey through Parliament. When it comes into force, we will see a significant enhancement of the UK’s consumer protection regime – with a particular focus on maximising transparency to consumers, to help them find better deals and avoid being ripped off.

"Recommended for you" - Data risks in AI-powered customer solutions

Published on 25 Oct 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.

Navigating social washing risk – a roadmap

Published on 23 Oct 2023. By Kelly Thomson, Partner, ESG strategy lead

Retailers and consumer brands are increasingly aware of the significant risks associated with “greenwashing”. Those wanting to play in the green space must be able to back up their eco-friendly claims or face the wrath of regulators and consumers. But how many have got to grips with the equivalent business risks of being accused of “social washing”? I suspect significantly fewer. Social washing is the practice of trading off perceived or advertised social credentials which are not reflected in the way the business operates. It’s about putting a black square or #BLM on your social media whilst having no people of colour in any leadership roles. It’s about selling rainbow flag adorned Pride merchandise but letting your trans employees be bullied. Like greenwashing, social washing is about profiting from what you say or project, without backing it up with what you do when no one is watching (or buying). Businesses fail to appreciate this disconnect at their peril, as illustrated beautifully by the Gender Pay Gap bot, set up with this simple mission: “If you tweet about #IWD2023 [International Women’s Day 2023], I’ll retweet your gender pay gap”. In other words, if you tell me yours, I’ll show you yours and you won’t like it.

Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges

Published on 18 Jul 2023.

On 4 July 2023, RPC partnered with the British Retail Consortium (BRC) to host the conference 'Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges'.

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

What if the CEO asks me about… the future of hybrid working in retail?

Published on 30 May 2023. By Ellie Gelder, Senior Editor Employment & Equality and Joanna Holford, Senior Associate and Kelly Thomson, Partner, ESG strategy lead

The pandemic brought flexible working to the forefront of how we work, with most employers adopting some form of hybrid working.

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate and Sarah Mountain, Partner and Connor Cahalane, Partner, Head of Public Companies

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner, Head of Commercial

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Partner

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

What if the CEO asks me about… electric vehicle charging points?

Published on 08 Mar 2023. By Elizabeth Alibhai, Partner and Lola Akinloye, Associate

The adoption of electric vehicles (EVs) on our roads is growing, and with that comes an increased demand for EV charging points. However, the uneven distribution of EV charging points across the country is now presenting an opportunity for retailers in the fight for customers.