Brexit - If you employ staff what do you now need to do?
With the ongoing focus being on lockdown 1,2 and let’s hope only 3, perhaps you have not given the focus to Brexit that it requires in 2021. There is still time to act but ONLY just.
The impact of Brexit seems to have been a little clouded by the constant noise on COVID-19 and understandably so, but from 1 January 2021 you are unable to employ new staff in your business from the European Union unless they can provide proof of a right to work in the UK, or unless you choose to seek a visa to permit them to work in the UK.
Here are some key facts:
Settled or pre-settled status
The simplest method to get EU citizens to work in the UK (if they are already residing here) is for them to apply for settled or pre-settled status.
If you have EU, EEA or Swiss Nationals based in the UK they need to apply before 1 July 2021 for settled or (if based for less than 5 years in the UK before 31/12/2020) pre-settled status. Once they have applied, they have the right to remain working in the UK after 30 June 2021.
If an individual achieves settled status, they have the right to remain permanently, if they achieve pre-settled status then they will be able to apply for settled once they have completed a 5-year period in the UK.
Employing talent currently based abroad
To employ staff from Europe, or indeed from outside of Europe, in the future you will need to have a sponsor licence. Note the standard time frame for the application process is 8 weeks. If you are looking to hire immediately - a visa application will then also be required. Even the accelerated version of the Visa application process (24 hour) can presently take 4 weeks (the standard process is quoted as a 3-week process but we anticipate longer delays).
The five long term visas
Skilled Worker Visa (This replaces the Tier 2 (General) work visa)
Health and Care Worker visa
Intra Company visa
Minister of Religion visa
Sportsperson visa
Consider your existing staff
Do a fact find and audit your present workforce and their right to work status – ensure you know whom you need to be speaking with and about what.
Have you communicated clearly what you as an employer plan to do?
If you have EU citizens already working with you, then its critical you manage the message to these colleagues and ensure they are made fully aware that you cannot employ them post 30 June 2021 unless they have applied for settled status. A word of caution, you need to be careful here as you cannot force them to apply, but you are required to check and ensure you only employ staff with a right to work in the UK.
Consider the inclusivity of your workforce
The other issue to consider in any communication is how you re-enforce the inclusive approach to your workforce. Having both EU citizens and British workers over the next few months could cause issues - if you do not communicate the principle of ‘one’ employee status. Valuable skilled labour could be inclined to leave the UK and therefore your employment if they don’t feel included and valued. Worse still the whole subject could cause employee relations issues and formal grievances.
If all the changes just add to an already heavy workload for your business, our Consultancy services can provide you with the resource, expertise, and knowledge to ensure your organisation meets compliance with the employment legislation changes driven by Brexit. We remove the worry and pressure to be compliant and free up time to allow you to focus on other aspects of your business, confident in the knowledge that everything is being managed for you.
If you would like more guidance on how Brexit will impact the employment of your workforce, ProAction HR can help.