By 30 June 2021 EU citizens need to apply under the EU Settlement Scheme to ensure that they can continue to live and work in the UK beyond that date.
If an employee’s application is turned down, what are your options?
Appeal/review – ensure the employee immediately lodges an application to secure a review of the decision or an appeal. You’ll need to take further advice on whether you can continue employing them pending a final decision.
Apply for a visa – if you have a sponsor licence and the role they’re doing qualifies under the new immigration rules the employee can apply for a visa. You’ll need to ensure that they have the right to continue to work for you in the meantime or take steps to terminate their employment if not. Take advice before committing to this route.
Termination of employment – there are a number of different options available to effect the termination of employment of an individual who no longer has the right to work in the UK. It may be possible to end their employment without notice and without following a ‘fair process’, but advice must be taken before embarking on those discussions.
Get in touch if you’d like more information about how our annual, fixed fee Intelligent Employment service can support with the employment law implications of Brexit.