Welcome guest, please log in here   |    T +44(0)115 7180333   |   E   info@halborns.com

Archive

Brexit

Right to work checks from 17 May 2021

Posted on: May 6th, 2021 by Ginny Hallam

During the coronavirus pandemic, employers were given the flexibility to check an individual’s right to work in the UK using scanned document copies.

Updated Home Office guidance means that from 17 May 2021 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 your new starter; or
  2. Use the online right to work checking service if the applicant or employee has provided a share code.

Additional points to note:

  1. Employers will not be required to carry out retrospective checks of original documentation for anyone whose documents had been checked remotely between 30 March 2020 and 16 May 2021;
  2. We’d recommend auditing any remote checks carried out on copies of documents between 30 March 2020 and 16 May 2021 to ensure you have the appropriate right to work evidence available in the event of a Home Office inspection. Document copies stored on file need to be endorsed with who carried out the check and the date the document was verified via video call.

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 (6 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.

Brexit series #6 – are your employment contracts Brexit-ready?

Posted on: February 1st, 2021 by Ginny Hallam

Employment contracts haven’t escaped the need to be ‘Brexit-ready’. Here is what you need to include or update within your contracts:

Right to work – ensure the employee warrants that they have the right to work in the UK.

Changes to immigration status – include an obligation for employees to tell you if their immigration status changes. Failure to do so will mean the individual has breached their contract giving you greater rights to decide how to approach their employment.

Ending employment without notice – make it clear that you have the right to dismiss without notice if employees lose their right to work in the UK. You have a duty to prevent illegal working so including such provision can help you to react quickly with minimal cost. Always take advice from us before dismissing an employee on this basis.

If your employment contracts are in need of review or updating, our drafting expertise will ensure they’re compliant, commercial and contemporary in tone. Get in touch for our support.

 

This update is accurate on the date it was sent (02 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.

Brexit series #5 – key communication to colleagues

Posted on: January 27th, 2021 by Ginny Hallam

Clear, consistent communication about employment-related Brexit changes should avoid distraction and help colleagues to remain focused and feel supported. 

Communications should cover: 

Awareness – include information about the EU Settlement Scheme, who needs to apply, and how applications can be made.

Deadlines – applications for settled or pre-settled status need to be made by 30 June 2021. Stress the importance of the deadline and the consequences of failing to secure the right to remain.

Practicalities – applications can be made online (laptops, smartphones etc.) or by post, with supporting documents either scanned and uploaded, or posted. Make IT resources available to colleagues who may not have immediate access.

Reviewing status – explain that you’ll require colleagues to provide you with a ‘share code’ to view their status online and their right to remain in the UK.

Support – whether it’s directing colleagues to online government resources, or offering drop-in sessions to help with applications, make sure you shout about help available.

We’ve created a user-friendly, accessible template letter providing detail on everything covered above (and more!). Get in touch for more information on accessing the template communication.

 

This update is accurate on the date it was sent (27 January 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.