Hi everyone,
It’s Laura from The HR Dept Wrexham & Chester here.
We provide outsourced HR to SMEs. Everything a large company would have, but at a fraction of the cost.
First of all, season’s greetings!
Things may be far from normal this year, but I do hope you manage to have a good time and some well-earned rest in the safest way possible.
Whether you want it or not, one thing we will all be unwrapping soon is BREXIT.
With our transition period for leaving the EU ending on 31 December, many businesses will be affected by new rules relating to employment law. From recruitment to tribunals, and not forgetting data protection, it would be wise to get up to speed with the changes, so you can take advantage of the opportunity and avoid the pitfalls.
Probably the most urgent issue is if you currently employ EU, EEA or Swiss nationals, or a family member of an eligible person from Northern Ireland. They can stay in the UK under the EU Settlement Scheme. As long as they are in the UK by the end of December, a period of grace is offered to them to apply to the scheme by 30 June 2021.
If this is not done properly, it could be very upsetting to them and very disruptive to you. So do stay on top of it, if relevant. While they are responsible for applying, you bear responsibility for employing eligible people, so I’d advise good communication with affected staff.
Then, of course, there is the small matter of recruiting overseas nationals. Whereas previously EU nationals had preferential access to the UK labour market, now there is a points-based immigration system for all overseas nationals. This is based on a range of characteristics, including salary level and qualifications.
Crucially, for businesses who need to look overseas, there are sponsoring licences which need to be applied for from the government. These take several weeks to finalise; so depending on timescales you may need to be acting now. There is a new government portal to check whether a recruit has a right to work in the UK. Until June, though, employers can still accept passports and national identity cards from EU nationals as proof.
Aside from recruitment, it is worth flagging that employment tribunals will no longer have to refer to European case law in their judgments; and that new UK employment legislation will no longer be made with reference to the EU by default. The impact of this will likely build up over time.
One final point. Although European in origin, GDPR (data protection) law will still effectively apply after we have left the EU, and it is thought it will be rolled into our own law. While businesses should already be compliant, it makes now a good time to conduct an audit and make sure that your data is being processed properly.
Of course, no one can fully cover BREXIT in two or three minutes, so do bear in mind that there are other things to consider. But if you want to discuss how BREXIT will affect your HR, please do not hesitate to pick up the phone or send an email. And if you want to do a bit of exploring yourself, the government website does have a number of useful resources on BREXIT changes, including checking a job applicant’s right to work.
Note for licensees:
Government resources:
Employer helpline - https://www.gov.uk/check-job-applicant-right-to-work
Guidance - https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
Employer checking service - https://www.gov.uk/employee-immigration-employment-status
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