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Brexit

Brexit – new government right to work guidance

Posted on: July 6th, 2021 by Ginny Hallam

The government have issued updated guidance on the right to work checks employers need to carry out for new employees starting on or after 1 July 2021. Here are the headlines: 

Proof of right to work – an EU passport will no longer be proof of an employee’s right to work in the UK. You’ll now need to see proof they’ve applied for or been granted settled or pre-settled status, or have a valid visa allowing them to work.

Settled status applications – if an EU employee hasn’t applied for settled status by 30 June 2021, they may be able to submit late applications. Employees will need to show a good reason for missing the deadline, and you’ll need to seek Home Office approval to continue their employment.

Additional right to work checks – the government have confirmed there is no need to carry out further checks on EU employees who started working for you before 1 July 2021 (provided you already have appropriate document copies on file). However, we’d recommend you do so to satisfy yourself that all EU employees have the right to work in the UK.

We’ve updated our Brexit FAQs on Intelligent Employment (here). If you don’t currently access Intelligent Employment, get in touch to find out how our unlimited employment advice and document access (and more) can benefit your business. 

 

This update is accurate on the date it was sent (6 July 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.

30 June EU Settlement Scheme deadline

Posted on: June 8th, 2021 by Ginny Hallam

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.

 

This update is accurate on the date it was sent (8 May 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.

Right to work checks – flexibility extended to 20 June 2021

Posted on: May 12th, 2021 by Ginny Hallam

Flexibility for employers to check an individual’s right to work in the UK using scanned document copies was due to end on 16 May 2021 – the Home Office has now postponed this deadline to 20 June 2021.

Now from 21 June 2021 (rather than 17 May) employers will need to either:

  1. View and copy original right to work documents and verify these either in person or via a video call with the new starter; or
  2. Use the online right to work checking service if the applicant or employee has provided a share code.

Don’t forget that the deadline for applications under the EU Settlement Scheme is 30 June 2021. Check out our Brexit update series for all the need to know information.

If you need further support, our fixed-fee Intelligent Employment service provides unlimited advice and support, including the employment law implications of Brexit. Find out more.

 

This update is accurate on the date it was sent (12 May 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.

Brexit series #8 – Brexit-ready people checklist

Posted on: March 8th, 2021 by Ginny Hallam

If you’re struggling to fit in Brexit people planning alongside everything else, we’ve created a Brexit-ready people checklist of actions and diary reminders to help. Here’s the detail:

1. Audit – by 30 June 2021 you need to be clear that your employees all have the right to work and reside in the UK. By then you should have audited your people and right to work documentation so that you can substantiate continuing with their employment if challenged.

2. Awareness – ensure employees are aware of the steps they (and their family) need to take to remain and work in the UK (think about ‘drop in’ clinics, letters communicating requirements, government employer toolkits etc.).

3. Contracts – update your documents to include a warranty that the employee has a right to work in the UK and a duty to inform you if their status changes. Call out that you’re able to end their employment if their right to work is lost. Our Intelligent Employment contracts include these provisions – find out more.

4. Evaluate – understanding your dependency on EU employees will help to shape a plan in respect of future recruits and whether you need to use the Skilled Worker visa scheme. If so you’ll need to budget for the associated costs and sponsor licence requirements.

5. Reinforce – EU employees might be feeling vulnerable as a result of Brexit, so communicating your inclusion and diversity policies along with refreshing equality and diversity training will help to protect your business from the risk of harassment and discrimination claims. Let us know if you’d like our support.

6. Training – upskilling your HR and management teams on handling Brexit related issues ensures they’re fully up to speed to answer queries. Find out how we can support you to deliver the training.

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 (9 March 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.

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.