BREXIT TRANSITION

9 Questions on New UK Right to Work Checks

From 1 July 2021, new Right to Work checks must take place for businesses in the UK.  The departure of the UK from the European Union and the ending of the free movement of people has led to significant changes to how we recruit in the UK.  We take a look at these changes and review nine common questions from UK employers on what they must do to recruit, following the changes which were implemented on 1 July 2021.

EU Settlement Scheme Applications
Deadline 30 June 2021

The deadline of 30 June 2021 is when applications should have been made made to the EU Settlement Scheme (EUSS).  All EU, EEA and Swiss citizens and their family members who were resident in the UK by 31 December 2020, were encouraged to apply without delay at www.gov.uk/eusettlementscheme so that they can continue to work, study, and access free healthcare and benefits in the UK after 30 June 2021.

After the deadline

There’s still time to apply before the deadline, and all eligible applicants should do so if they can. However, there remains scope, indefinitely, for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for their failure to meet the deadline. Every late application will be considered on its individual merits, and this guidance, published on 1 April, provides further details.

Data and GDPR
Compliance and Implications After Brexit

On the 31 December 2020, the Brexit Transition period ended meaning that from 1 January 2021, the UK has been able to amend UK employment legislation underpinned by European law. The UK’s Data Protection Act 2018 is one example, which is underpinned by the European GDPR.  We consider the impact of having left the EU on the UK’s Data Protection Act 2018 and the flow of personal data in and out from the UK and EU. Any reference to ‘data’ in this article means ‘personal data’.

Brexit HR Risk Audit – FREE

As part of our service HR Solutions offer you the free, online Brexit Risk and Compliance Audit which will take about 15 minutes to complete.  You will then automatically receive a report, via email, with an actionable  report for your organisation. The report will include signposting you to what additional action you might need to consider taking to be confident of meeting your legal requirements as an employer.

Webinar Recordings – Watch on Demand

HR Solutions have several free webinar recordings available that discuss the impact of Brexit on employers.  Click on the links below to watch the webinars on demand and at your convinience.

Brexit – the Latest Implications for HR  –  October 2020
Job References and GDPR  –  August 2019
The Future for Workers (Status and Rights)  –  May 2019
Brexit HR and Employment Law  –  April 2019
Managing the Impact of Brexit  – October 2016

Data Protection
October 2019

In addition to the checklist below, get further guidance via HR Solutions’ data protection guidance article as well as the Information Commissioner’s Office (ICO)

• The UK is committed to maintaining the standards of the GDPR and the govt plans to incorporate it into UK law alongside the DPA 2018 after Brexit.
• The UK govt has confirmed that when the UK exits the EU, transfers from the UK to the EEA will not be restricted.  There will be transitional provisions for a UK adequacy decision to cover these transfers.
• The UK govt intends to recognise existing EU adequacy decisions, approved EU SCCs and BCRs wherever possible post Brexit
• Transfers from the EEA to the UK will need to comply with GDPR transfer restrictions.
• Consider if restricted transfers apply to you.

Set Up A Working Party

We have been suggesting to organisations that they set up a working party comprised of individuals who represent key departments that may be impacted by Brexit. This should help to build the picture of the extent to which the organisation as a whole may be affected, e.g. your supply chain.  You may consider meeting regularly to discuss both external developments (issues that have come up in the market, changes to the law, feedback from suppliers etc.) and also internal developments (such as action points that have been discussed and agreed, awareness raising exercises, concerns of others that have been put to the department representative etc.). 

For further HR guidance articles click on the links below.

Get Ready for Brexit Checker

The government have launched a campaign to help ensure that businesses (and the general public) are ready for the UK to exit the EU. It recognises that businesses who employ EU nationals, who deal with data from the EU or who import or export to the EU, will all be affected. The checker is designed to be a quick way to check the ways in which all areas of your business may need to prepare and points to government guidance on general and niche areas.

Brexit Business Preparation – Fact Sheet & Video

To help with Brexit essentials for businesses to sense check their preparations,  HR Solutions teamed up with the UK Warehousing Association (UKWA) as well as SEMLEP’s Growth Hub,  Bedford Borough Council, The Department for International Trade and Grant Thornton to bring local businesses a series of Brexit readiness events throughout October 2019.  The interactive seminars enabled delegates to speak to local business experts to get support through interactive ‘Question and Answer’ sessions.  The series of events were held in Bedford, Luton, Milton Keynes and Stratford-Upon-Avon.

UK Shortage of Occupation List Expanded

The Tier 2 shortage of occupation list is a list of occupations recognised by the Migration Advisory Committee (MAC) as being in national shortage, which they assess would be sensible to fill, in part, through non-EEA migration. The list now includes jobs such as web designers, architects and veterinarians.

Countries in the EU and EEA

As a reminder, here is a list of countries that belong to the EU and the EEA.

• EU:  Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.
• EEA: All of the above countries, plus Iceland, Liechtenstein and Norway.
• Switzerland: Does not belong to the EU or EEA but is part of single market so Swiss nationals have the same rights to live and work in the UK as other EEA nationals.

Travelling and Driving in Europe

In addition to the checklist below, for further guidance visit www.gov.uk/visit-europe-brexit

• Different countries may have their own requirements for those traveling on business. Some may require a specific visa.
• If the UK leaves the EU without a deal, then you should have at least 6 months left on your passport to travel to most countries in Europe, as well as Iceland, Liechtenstein, Norway and Switzerland. It should also be fewer than 10 years old. For more information visit www.gov.uk/guidance/passport-rules-for-travel-to-europe-after-brexit
• The European Health Insurance Card (EHIC) may not be valid after Brexit. You should make sure your travel insurance covers your healthcare needs.
• View further travelling and driving checklist items and more information about driving on company busines, heavy goods vehicles, phone tarrifs, drivers license, passport and other necessary documents.

Working in Europe

In addition to the checklist below, for further information visit www.gov.uk/working-abroad

• Check the country that the employee is working in as to the rules that apply
• Check the Insurance you have for the employee
• Mobile phone tariff; check with your phone operator to find out about any roaming charges after 31 October 2019
• Check rules set by the country for sending personal data (as set by member state)