Employment Bulletin - September 2020

Are you ready for BREXIT? Ensure you are fully prepared with Stone King’s free self-audit.

With the end of free movement with the EU on 31 December 2020 quickly approaching, it is important for employers to be planning ahead. Whether you already hold a sponsorship licence or are unsure as to whether you may need one, Stone King is here to help. We have developed a free self-audit for any employer to use to help determine if you are Brexit ready and if not, what you can do now to be fully prepared. The tool is launching soon – further information will be available on the Stone King website as well as on our LinkedIn page.

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Impact of the new Hong Kong British National (Overseas) visa on employers

A new visa route has been established by the Home Office to allow Hong Kong British National (Overseas) citizens to travel to the UK. The visa also allows dependents of individuals with British National (Overseas) Status (BN(O)) to live study and work in the UK. Eligible individuals will be able to apply from January 2021 when the route opens and crucially, no sponsorship is required. It could therefore be advantageous for employers as it is not necessary to have a sponsorship licence in place to employ anyone in the UK on this visa.

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How can employers manage the use of social media by employees?

With the rise of social media platforms soaring in the last 10 years, it is very likely that a high percentage of your employees have social media accounts such as Facebook, Twitter, Instagram or now, TikTok.

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Unfair Dismissal: EAT holds that the dismissal of a teacher who was charged with possession of indecent images of children, but not prosecuted, was unfair- K v L

The Employment Appeals Tribunal (‘EAT’) has held that the dismissal of a teacher for having indecent images of children on his computer was unfair. The decision provides useful guidance for employers in similar situations on the limits of relying on reputational damage as a reason for dismissal.

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Remedies: EAT holds that tribunal erred in ordering re-engagement for an employee that the employer had lost trust and confidence in- Kelly v PGA European Tour

The Employment Appeals Tribunal (‘EAT’) has overturned a decision of the Employment Tribunal (‘ET’) to impose re-engagement as a remedy following a finding of unfair dismissal after it failed to consider an employer’s genuine and rationally held belief that it lacked trust and confidence in the employee.

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Disability discrimination: EAT holds that an employee’s paranoid delusions did not amount to a disability- Sullivan v Bury Street Capital Limited

The Employment Appeals Tribunal (‘EAT’) has held that an employee who suffered from paranoid delusions that he was being followed and stalked by a Russian gang did not have a disability within the meaning of the Equality Act 2010.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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