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News 04/15/2021
Congratulations to the 12 Kennedys lawyers that have been recognised in the Best Lawyers in Australia 2022 edition, with our lawyers achieving 15 individual recognitions in total.
Article 03/31/2021
On 24 December 2020, the UK and the EU signed the UK-EU Trade and Cooperation Agreement which took effect on 1 January 2021. Whilst the Trade Agreement is wide-reaching and covers many areas, this article specifically addresses the implications of this agreement on UK employment law.
Article 03/31/2021
A summary of recent developments impacted by Brexit, including employment law impacts, the implications of the Free Trade Agreement for SMEs, cross-border insolvency and the use of the Model Law to combat issues, data flows in a post-Brexit world and an overview of UK legal and regulatory issues for 2021.
Article 03/30/2021
A summary of the latest global developments in the employment space including a case review of the Supreme Court decision of Royal Mencap Society v Tomlinson-Blake [19.03.21], a comparison of the treatment of the COVID-19 vaccination in the US, Denmark, India and the UK, remote working to be legislated in Ireland, Australia’s Fair Work Commission which can now determine general protections dismissal applications and the introduction of the Employment Amendment Ordinance 2020 in Hong Kong.
Case review 03/19/2021
The Supreme Court has ruled that time spent sleeping by a sleep-in care worker does not attract the national minimum wage. Here we provide a brief overview of the conclusion reached by the Supreme Court and offer our initial observations on the outcome.
Article 03/04/2021
With many countries now vaccinating and looking to lift lockdowns, the question on everyone’s lips seems to be “can employers require their employees to vaccinate?”. In this article, our experts based in Denmark, the UK, US and India look to provide an answer from each of their respective jurisdictions, and thereafter forecast the potential COVID-19 employers’ liability claims we can expect to see in the future.
Article 03/04/2021
Chancellor Rishi Sunak MP delivered his second budget yesterday which predominantly focused on maintaining, extending and creating new COVID-19 measures. This budget was a response to the pandemic first and foremost and, on that front, it more than delivered. Here, our commercial experts provide an overview of what the measures mean to businesses in a number of critical areas.
Case review 02/23/2021
A recent decision of the Full Federal Court is likely to significantly reduce the number of general protections dismissal applications progressing from the Fair Work Commission (FWC) to a federal court for hearing. The FWC will now decide whether there has been a dismissal, if that issue is in question, when the application is lodged with the FWC rather than leaving it to a federal court to decide. If the FWC decides that there has been no dismissal and declines to issue a certificate, the matter will end, saving employers and their insurers the costs of a federal court proceeding.
Article 02/23/2021
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
Case review 02/19/2021
“New ways of working organised through digital platforms pose pressing questions about the employment status of the people who do the work involved”. So said the UK Supreme Court today in its judgment in the high-profile case of Uber BV v Aslam and others. The court dismissed Uber’s appeal and found that Uber drivers are ‘workers’ for UK employment rights purposes.
