Do you know what your obligations are as an employer following Brexit?
Posted On: 10th December 2019
- Do you employ EU nationals?
- Are you aware of what they need to do to remain in the UK following Brexit?
- Do you know what your obligations are as an employer?
- Have you heard of the EU Settlement scheme?
Read our short help guide below.
What you need to know:
- It is the responsibility of your employees to make an application to the EU Settlement Scheme and although there is no legal obligation for you to communicate the details of the EU Settlement Scheme, you may wish to point employees in the right direction of the most up to date information being published by the Government (EU Settlement Scheme guidance). Unless you are qualified to do so, you should not give immigration advice.
- Your employees are not obliged to advise you that they have made an application and as an employer you are not required to check.
- As a prospective or current employer, you are not allowed to discriminate against EU citizens and on whether or not they have made an application.
- Current eligibility or ‘right to work’ checks apply until the end of 2020 and there will be no change to rights and status of EU citizens residing in the UK until 30 June 2021 (in the event of a ‘no deal’ Brexit, this date will be December 2020). Although it is not mandatory, EU citizens can also prove their right to work using the online right to work service.
You will not be required to carry out retrospective checks on existing EU employees when the UK transitions to the future skills-based immigration system. It would however be prudent for every employer to carry out an audit on their employee eligibility checks without delay. Many employers do not check the eligibility status of their employees to work in the UK and they are leaving themselves open to a fine of up to £20,000 per illegal worker. For more information on an employer’s obligation to check eligibility see https://www.gov.uk/penalties-for-employing-illegal-workers
The Government have provided more information on what employers can do to raise awareness in the form of an employer’s toolkit which can be downloaded from GOV.UK.
We are happy to help with any employee issues, no matter how big or small. HR paperwork distracting you from your ‘day job’?
Please get in touch and speak to one of our team – 01926 355560 or email firstname.lastname@example.org