KEEBLES Post-Brexit Employment Law
ON THE CASE
Every issue, Yorkshire law firm Keebles LLP shares its key advice for care providers. Here, Catherine Wilson, Partner and Head of Employment at Keebles LLP, discusses the impact of new employment regulations affecting the care sector which have come into force since the UK leſt the EU.
2020 was a memorable year for the care sector and it appears 2021
may be just as challenging. Coronavirus aside, there are some employment law developments which those working in the care sector need to be aware of.
The first significant change is that free movement rules for EU workers coming to the UK ended at 11pm on 31st
December
2020. EU workers who were already in the UK on that date are protected, although they must apply for residence documentation before 30th
June.
Historically, EU workers have made up to 104,000 of those working in care in the UK. That’s some 8% of care staff in England overall, but in some parts of the country up to one third of care home workers come from the EU.
In December 2020, there were also estimated to be over 110,000 unfulfilled jobs in care homes in the UK. Any change or reduction in the ability of EU citizens to carry out their work will therefore be significant and have major repercussions for the care home industry.
EU workers wishing to apply for residence documentation can do this under the EU Settled Status Scheme, which offers two statuses: pre-settled status for EU citizens who have been in the UK for less than five years and settled status for EU citizens who have been in the UK for over five years. This will allow them to work in the UK.
Pre-settled status is beneficial to existing workers but, under the new immigration rules recommended by the Government’s Migration Advisory, carers from the EU would be classified as ‘low skilled EU workers’ and will therefore no longer receive preferential access to the UK labour market. This will significantly affect the ability of residential care homes to recruit EU staff to work in the UK as they will earn below the threshold of £25,600 for skilled workers.
For this reason, employers should make great efforts to support their existing affected staff in applying for settled status. ACAS have also issued useful guidance on the impact of Brexit on the wider work force.
Staffing shortages within the sector are likely to continue in 2021. To deal with these shortages, it is likely that care homes
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will look to recruit workers from agencies and on short-term working contracts.
Again, it is essential that the exact employment status of agency or temporary employers is understood, agreed upon and accurately documented by all parties involved.
Employers also need to be aware that these workers remain covered by the Agency Workers Regulations 2010 and have similar rights to directly recruited employees. These include much more detailed information about their terms and conditions.
"Employers should
make great efforts to support their existing affected staff in
applying for settled status."
Case law at the end of 2020 also reiterated that these agency workers have the right to be notified and given information about any vacancies on the same basis as directly recruited employees.
The National Minimum Wage is also set to change from 6th April 2021.
The standard adult rate is set to increase to £8.36, the age for entitlement to receive the national living wage will decrease to 23, and this rate will increase to £8.91 per hour.
If you are an employer and need further support, contact Catherine Wilson on
catherine.wilson@keebles.com or call 0114 252 1414.
www.keebles.com
www.tomorrowscare.co.uk
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