Brexit and Employment Legislation

July 18, 2019

As the outcome of the Brexit negotiations draws closer, we will be keeping abreast with the employment law changes that result, and will be issuing updates through our newsletter as and when developments take place.  This month, we focus on the implications of Brexit for EU nationals working in the UK.

Immigration rules post-Brexit

Whether or not a deal is reached with the EU on the UK’s exit, immigration rules will change so you need to be prepared.  Unless there is a change in the law, the UK will leave the EU at 11pm UK time on Friday 29 March 2019.   

Once the UK leaves the EU, free movement will end, although in practice this is likely to be delayed pending legislation to repeal the current arrangements. Also, it will take time to put in place the practical arrangements necessary to make this possible.

The government has introduced a scheme under which EU workers already in the UK will be able to apply for “settled status”, to be able to live and work in the UK indefinitely.  Settled status will effectively replace indefinite leave to remain/permanent residence.  (NB Irish citizens are automatically accepted as settled under the Common Travel Area between Great Britain and Ireland).  

However, in future, the employment of workers from the EU is likely to be subject to restrictions in the same way as the employment of other foreign nationals, so you will need to adjust your recruitment processes accordingly. You will need to have effective workforce planning in place. Further information can be found here

If you would like to discuss how this may affect your business, please contact Sheryl Sur.