BUSINESS HELPDESK HELP DESK


ALL CHANGE - EMPLOYMENT LAW POST BREXIT


Halborns, the employment lawyers who provide the BMF Intelligent Employment Plus service outline the key implications for your people processes.


apply for pre-settled status, which gives them the right to remain in the UK until they’ve accrued five years residency, and then apply for settled status.


Applications must be made by 30 June 2021 for settled or pre-settled status. If not, EU citizens will be treated as illegal immigrants and can be deported. This doesn’t apply to Irish citizens who continue to have the automatic right to live and work in the UK


GIVEN THE TURMOIL of 2020 you’d be forgiven if the employment implications of Brexit had slipped off your people agenda. Now it’s January 2021, what has changed? In simple terms, EU


employment law as it stood at 31 December 2020 will be retained in UK law. New EU laws and decisions after 1 January 2021 won’t affect the UK.


The UK Parliament will be free to modify any aspect of the EU law in the future should they decide to do so. Modifying TUPE to allow businesses to harmonise terms of employment after a business is acquired would be a popular choice with many business owners.


In our view there are unlikely to be significant amendments to UK employment law in the short-


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term. However, over time we’d anticipate seeing some changes to ‘non-core’ employment laws, such as removing the 48-hour weekly limit on working time. The immediate changes relate to employing EU workers. There are differences if you continue to employ existing workers, or if you want to recruit a new worker from the EU.


Continuing to employ existing EU workers EU citizens living or arriving in the UK before 1 January 2021 can apply for indefinite leave to remain through the EU Settlement Scheme.


If they’ve already been living in the UK for: • More than five years – they’ll apply for settled status • Less than five years – they’ll


Well before 30 June 2021, you’ll need to check that your current EU workers have been granted settled, or pre-settled status - otherwise you risk possible fines and prosecution. You can check their status at www.gov.uk/view-prove- immigration-status, but you’ll need a ‘check code’ from the employee beforehand. If you need to bring an employee’s employment to an end because they’ve not applied for or received the necessary status under the scheme, always take advice first to avoid discrimination and/or unfair dismissal claims.


Employing new EU workers 1 Right to work checks Until 30 June 2021 – you can


Need more information?


Halborns are hosting a free 40-minute ‘Employment Brexit Briefing’ webinar on Wednesday 20 January exploring these points in further detail. Book your place at www.halborns. com/keeping-up-to-date/


if you have any questions regarding this article, or to find out more about Halborns’ ‘Brexit toolkit’ or annual, unlimited employment law support through the BMF Intelligent Employment Plus service please get in touch at info@halborns. com or call 0115 718 0333.


www.buildersmerchantsjournal.net January 2021


continue to rely on an EEA passport or ID card to confirm an employee’s right to work in the UK up to that point.


From 1 July 2021 – you will no longer be able to accept an EEA passport or ID card alone. Instead, you’ll need to see proof of immigration status either under the EU Settlement Scheme, or the new immigration system (details below).


2 New immigration rules EU and non-EU citizens will be treated in the same way. The primary route for employing EU workers after 1 January 2021 will be under a Skilled Worker Visa, and the employee will need to qualify under the new points- based immigration system. You can find out more at www.gov. uk/skilled-worker-visa You’ll be required to have a sponsor licence in order to employ someone from the EU using a Skilled Worker Visa. Hiring EU workers will become significantly more expensive with fees for obtaining and renewing a licence, obtaining a certificate of sponsorship and paying an immigration skills charge for each EU employee every year you wish to hire them. Ensuring they’re the right person for the job has never been more important! BMJ


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