Employment International Newsletter - December 2014

This quarter, we cover a variety of topics from the UK, including cyberbullying, holiday pay claims and class actions, and International Pension Plans. There are also updates from Australia, India, the Netherlands, Qatar and the US. We also continue our series of Employment "at a glance" guides, with a summary of employment law in the UK.

Employment "at a glance" guide - UK

For some time, the balance of employment rights in England & Wales has fallen squarely in favour of employees. Most recently however, the introduction of employment tribunal fees in July 2013 has resulted in a 70% drop in claims, meaning that employers would appear to be less at risk of claims for technical breaches of the law. Nevertheless, most businesses are still very conscientious about wanting to be seen to be "good employers", but if not, the bottom line remains that provided they are prepared to pay sufficient compensation, employers in England & Wales can usually achieve what they wish.

Australia: No implied term of mutual trust and confidence for employment contracts

Jenni Priestley, partner and Leah Hewish, associate at Clyde & Co's Australia office report on a recent decision of the High Court of Australia.

In Commonwealth Bank of Australia v Barker [2013] FCAFC 83, the High Court of Australia has reversed the decision of the Full Federal Court, and declined to imply a mutual obligation of trust and confidence into Australian employment contracts.

India: The Prime Minister unveils new labour reforms

Vineet Aneja, partner and Vikram Bhargava, senior associate in Clyde & Co Clasis India office report on proposed Indian employment reforms.

On 16 October 2014 Narendra Modi, the Indian Prime Minister, proposed a number of labour reforms. These aim to create a more favourable environment for industrial development by making it easier for businesses to operate in India and at the same time, to provide benefits for employees.

The Netherlands: New dismissal and unemployment legislation

Christiaan Oberman, partner and Karol Hillebrandt, senior associate at Palthe Oberman, L&E Global, the Netherlands summarise the changes to the Dutch dismissal system and unemployment legislation.

The forthcoming changes to Dutch dismissal law have been discussed in politics and the media. The government intends that these changes will strengthen the position of flexible workers and that the Unemployment Insurance Act will make it easier for people to find work. The most significant...