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30 . Glasgow Business October 2016


WHAT BREXIT MEANS FOR... HR


With Brexit continuing to be a hot topic. Glasgow Business will look at how it will affect various aspects of business. In this issue it’s HR...


W


ith the Prime Minister likely to press the buton for Brexit negotiations in the new year, business minds


are starting to shiſt to the tricky business of what this means for professions and industry in Britain from both an employer and employee perspective. Some may take the view that the


implications on UK employment should have been pre-empted well before the vote. Regardless of hindsight, what is abundantly clear is the legislation and practices that underpin employment in the UK are inextricably linked with Europe, and we now need to consider how we can carefully unpick this to ensure a sensible framework for the future.


EMPLOYMENT LANDSCAPE PREDICTIONS


While it is difficult to hypothesise on Brexit given the negotiations are still to begin, we have set out our thoughts and predictions for the future landscape of employment: • Firstly, once Article 50 is triggered, rest assured employment law will not be eroded overnight. Even where legislation has been derived from the EU, this has largely been brought in by UK domestic law and a wholesale repeal of these laws is extremely improbable – in true British style, we can ‘Keep Calm and Carry On’ in the short-term from an employment perspective until concrete decisions are made.


• In the run up to the referendum, the Remain campaign and many trade unions expressed


concern that the rights of UK workers would be significantly weakened if we were to leave the EU. While changes in this area are inevitable, we do not anticipate this to be either large scale or intentionally detrimental to the rights of UK workers. Tere are many examples of the UK augmenting EU legislation, such as providing 5.6 weeks holiday instead of the required four weeks and significantly greater family friendly entitlements.


• Te free movement of workers will understandably be a huge concern for any employer who relies on a talent pool from Europe. While it is highly likely that all existing non-UK EU citizens living and working here will retain this right, it is foreseeable that addressing skills shortages through EU workers will be less simple aſter we leave the EU, and it has been suggested we may follow in the footsteps of Australia with a points based system.


• Finally, ‘European employment red tape’ has been a recurring theme for many years and this could be an opportunity to refresh areas that are felt to be an unnecessary burden for employers. Tis could include the 48-hour cap on working hours unless an employee opts out, the agency workers directive, which provides equal terms to temporary agency workers aſter 12 weeks, and the restriction on post harmonisation of terms following a transfer of business – to name a few.


PRACTICAL STEPS FOR EMPLOYERS While it is anticipated that the Prime Minister


will invoke Article 50 in March next year, more detailed plans for employment in the UK will be needed. However, there are practical steps


employers can take now: • Reassurance to staff wherever possible is key, even if it is to confirm that any changes in relation to their rights, their employment and the organisation are not imminent.


• Maintaining open communication as and when there are developments with Brexit that impact on employment.


• If your organisation is immediately affected by the vote, for example as a result of contingency plans to relocate or positions being based on EU funding, prompt and meaningful consultation with those affected is essential.


• Consider the impact of the Leave vote on your recruitment strategy, and plan how this can be addressed in the short, medium and long term.


FURTHER INFORMATION & SUPPORT


While the currently combined UK and EU employment legislation and practices could be unravelled, the key challenge will be retaining the best aspects while hopefully removing some of the less sensible dimensions. If you would like further information on the impact of Brexit on employment, French Duncan HR Services can assist you. Contact Louise McCosh, who leads the French Duncan HR Services team, by calling 0141 221 2984 or sending an email to l.mccosh@frenchduncan.co.uk


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