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Dismissal for refusing to attend work during Covid-19 lockdown: automatically unfair?

Published on 25 May 2022. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has found the dismissal of an employee, who refused to attend work during the first Covid-19 lockdown due to concerns about his vulnerable child, was not automatically unfair.

How to prevent discrimination in the Workplace: practical advice for Hong Kong employers

Published on 17 May 2022. By Andrea Randall, Partner and Lillian Wong, Associate

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").

Hong Kong Wage Subsidy Update – Government announces new round of Employment Support Scheme

Published on 27 Apr 2022. By Andrea Randall, Partner and Lillian Wong, Associate

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.

The obligation to provide tribunal documents to journalists

Published on 06 Apr 2022. By Charlotte Reid, Senior Associate

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.

Proposed amendments the Employment Ordinance announced by the government on Tuesday, 8 February 2022

Published on 10 Feb 2022. By Andrea Randall, Partner and Lillian Wong, Associate

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.

Increased penalty for employers who employ overstayers

Published on 29 Nov 2021. By Andrea Randall, Partner

Immigration (Amendment) Ordinance 2021 (“IAO”)

Hong Kong's Legislative Council to consider Cancellation of MPF Offsetting

Published on 06 Oct 2021. By Andrea Randall, Partner

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.

What is "mutuality of obligation" and why does it matter in the world of work?

Published on 22 Jun 2021. By Kelly Thomson, Partner, ESG strategy lead

Any business which needs work to be done for it makes a choice as to how that work is procured and delivered.

The future world of work – a recipe for success

Published on 21 Apr 2021. By Kelly Thomson, Partner, ESG strategy lead

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.

Reimbursement of Maternity Leave Pay Scheme in Hong Kong

Published on 12 Apr 2021. By Andrea Randall, Partner

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.

Is the promise of a severance payment a reasonable adjustment?

Published on 07 Aug 2020. By Kim Wright, Senior Associate and Kelly Thomson, Partner, ESG strategy lead

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.

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?

Published on 20 May 2020. By Kelly Thomson, Partner, ESG strategy lead and Joanna Holford, Senior Associate

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?

COVID-19 HK: Employment Update

Published on 14 Apr 2020. By Beverly Yee, Senior Associate

As the COVID-19 pandemic continues, it is anticipated that more and more businesses will need to make plans for cost-cutting measures.

COVID-19: Your workforce – furloughing - act to mitigate the risk of exposure to tax evasion offences as scheme could be open to abuse

Published on 09 Apr 2020.

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.

Hot off the Press: COVID-19 - Your workforce: a Q&A on claiming for wage costs through the Job Retention Scheme

Published on 27 Mar 2020. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG strategy lead

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.

COVID-19 Your workforce: a caution against putting equality on the backburner

Published on 27 Mar 2020. By Kelly Thomson, Partner, ESG strategy lead and Rachel Pears, Head of Responsible Business

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.

COVID 19 Your workforce: What on earth is "furlough"?

Published on 24 Mar 2020. By Kelly Thomson, Partner, ESG strategy lead and Patrick Brodie, Partner

Meaning of furlough, especially in the context of companies dealing with the impact of COVID-19.

COVID-19 Your workforce: pay and costs - practical ideas our clients are exploring

Published on 24 Mar 2020. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG strategy lead

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.

COVID-19 Your workforce: supporting mental health when home working

Published on 24 Mar 2020. By Kelly Thomson, Partner, ESG strategy lead and Patrick Brodie, Partner

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.

Sharpen your blue pencil: the doctrine of severance in employment cases

Published on 15 Aug 2019. By Kelly Thomson, Partner, ESG strategy lead and Patrick Brodie, Partner

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.

Put your little stone in the great mosaic

Published on 07 Mar 2018. By Kelly Thomson, Partner, ESG strategy lead

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?

Restrictive Covenant Clause Enforced Despite it Containing a Drafting Error

Published on 17 Apr 2014.

The High Court has just handed down its judgment in the case of Prophet Plc v Huggett.

Different Emails, Read Together, Can be a Qualifying Whistleblowing Disclosure

Published on 21 Mar 2014.

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.

British National Working Overseas Has No Right to Bring a Claim in the Employment Tribunals

Published on 07 Feb 2014.

For employers who engage staff to work overseas, determining whether the can bring a claim in the Employment Tribunals is becoming increasing difficult.

Collective Redundancy Consultation: Expiry of Fixed Term Contract Does Not Count Towards 20+ Headcount

Published on 07 Feb 2014. By Patrick Brodie, Partner

University College v University of Stirling [2014] CSIH 5.

Report Card

Published on 28 Jan 2013.

We're casting our critical eye over the Government's employment law proposals and writing its school report.

Faith and Freedom

Published on 27 Jan 2013.

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.

Football regulator heralds new era for The Beautiful Game

Published on 18 May 2022. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Last month, sports minister Nigel Huddleston formally confirmed the government’s support for the 10 strategic recommendations set out in the final report published last December by the independent fan-led review into governance, ownership and sustainability in English football.

Sports Ticker (10 May 2021) - Para-sport basketball league, Premier League TV Rights and Olympic Virtual Series

Published on 10 May 2021. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Sports Ticker (22 April 2021) - Super League, full stadiums and Coin for Respect

Published on 23 Apr 2021. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Sports Ticker (12 Mar 2021) - Rugby World Cup, Fenway Sports Group and Dettol

Published on 12 Mar 2021. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Sports Ticker (25 Feb 2021) - England Cricket partnership, New Balance and Fantasy Premier League

Published on 25 Feb 2021. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Sports Ticker (12 February 2021) - Super Bowl LV, NBA investment and Ligue 1 broadcasting

Published on 12 Feb 2021. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

The risk of cyber threats to sports organisations (and key steps to reduce exposure)

Published on 01 Dec 2020. By Jon Bartley, Partner and Joseph Akwaboa, Associate

Manchester United FC's recent cyber-attack came just weeks after an article we wrote for LawInSport on the topic.

Sheffield United, or divided? Implying duties of good faith

Published on 04 Nov 2019. By Jeremy Drew, Partner, Head of Commercial and Samuel Coppard, Senior Associate

The High Court has held that the duty to act with good faith should not be implied into an agreement between the owners of Sheffield United FC.

Sporting compromise – tips for settling sports disputes

Published on 24 Oct 2019. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Some practical tips for sports clubs when settling disputes – with a focus on those issues that regularly arise in a sporting context.

Look what you made me do – avoid inducing a breach of a sporting contract

Published on 12 Sep 2019. By Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

eFootball transfers: Juve and Man U snub FIFA to sign for PES

Published on 07 Aug 2019.

The RPC Sports group round-up football eSports deals: Juventus and Manchester United sign eSports partnerships with Pro Evolution Soccer, whilst Liverpool FC partners with FIFA.

Spurs suffer Champions League defeat to the Advertising Standards Authority

Published on 08 Jul 2019.

Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.

Reforms to the FA's Regulations on Working with Intermediaries

Published on 01 Jul 2019. By Joshua Charalambous, Partner

RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.

Smoke and mirrors? Big Tobacco slip(stream)s back into Formula One sponsorship deals

Published on 18 Feb 2019.

RPC reports on Philip Morris and British American Tobacco securing major partnerships with Ferrari and McLaren, prompting investigations into their compliance with domestic and international advertising laws.

CMA clamps down on unfair gambling promotions

Published on 01 Feb 2018. By Jeremy Drew, Partner, Head of Commercial

The CMA has spoken: online gambling operators must act now to avoid falling foul of misleading terms and practices. See below for our list of dos and don’ts.

Spurs 2 : 0 HMRC – termination payment not taxable earnings

Published on 20 Dec 2017. By Michelle Sloane, Partner and Adam Craggs, Partner

The Upper Tribunal (UT) has confirmed the decision of the First-tier Tribunal (FTT) that payments made by Spurs in respect of two players on early termination of their contracts were not earnings. They were termination payments and, therefore, were outside the scope of national insurance contributions (NICs).

Swansea City player Bony keeps former agents in play

Published on 14 Sep 2017. By Joshua Charalambous, Partner

In a dispute with his agents over secret commissions, Swansea City striker Wilfried Bony has succeeded in opposing a stay in English Court proceedings, which would have been implemented had the Court found he had agreed to arbitrate. The decision is an important reminder that national courts will have jurisdiction to hear a claim if the parties have not agreed (expressly or impliedly) to resolve the dispute using arbitration.

Edgar Davids wins League of Legends image rights claim

Published on 23 Aug 2017. By Joshua Charalambous, Partner

Dutch football icon Edgar Davids has succeeded in suing Riot Games – makers of the world's biggest video game and eSports phenomenon, League of Legends.

Barton succeeds in reducing betting ban

Published on 04 Aug 2017. By Joshua Charalambous, Partner

Joey Barton has succeeded in reducing the ban imposed on him by the FA Commission following breaches of FA Rules concerning betting – but he's still banned until 1 June 2018

Using VR in sports – virtual insanity or future reality?

Published on 01 Aug 2017.

Stoke City has become the latest Premier League club to announce that it will use virtual reality (VR) technology as a training tool for its goalkeepers.

A shot in the arm for football sponsorship – clubs take advantage of new shirt sleeve regulations

Published on 24 Jul 2017.

As forecasted in our blog post back in April, it wasn't long before other Premier League teams followed Manchester City's lead in announcing major tie-ups for shirt sleeve sponsorship.

Indian sports broadcast network 'bowled out' for breach of a media rights agreement

Published on 18 Jul 2017. By Joshua Charalambous, Partner

This article considers New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd in which the High Court exercised its discretion and lifted a stay to allow the claimant, New Zealand Cricket, to successfully obtain summary judgment on a breach of contract claim with elements of bad faith counter-arguments.

Bournemouth bets on shirt sponsorship deal with M88

Published on 05 Jul 2017. By Joshua Charalambous, Partner

AFC Bournemouth announces a two year deal with online gambling company M88, which includes shirt sponsorship and pitch-side branding.