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Keeping up to date

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Brexit series #7 – employees refused settled status

Posted on: February 25th, 2021 by Ginny Hallam

By 30 June 2021 employees who are EU citizens need to apply under the settled status scheme in order to ensure that they can continue to live and work in the UK beyond that date.

If their 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. They should be allowed to continue working for you pending a final decision, although government guidance on this point hasn’t yet been published so we’ll update you when we have clarification.

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.

 

This update is accurate on the date it was sent (25 February 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.