Britain has voted and a decision to leave the EU has been made. One of the inevitable consequences of Brexit will be a reduction of the EU workforce in the UK. There are nearly 2.2 million EU workers living in the UK at the moment. Most of them do not meet the current visa criteria for non-EU nationals applying to live and work in the UK.
What does it mean for employers?
Do not panic but do complete right to work checks
Once the UK has given formal notice of withdrawal, the current status quo should not change until the negotiation process is completed or transitional provisions are put in place. In the meantime, EU workers currently living in the UK will evaluate their options. Some will decide to return to their homeland. Some will re-asses their immigration status. Other EU nationals will inevitably reconsider plans to come to the UK knowing that they may face difficulties complying with post-Brexit immigration restrictions. Employers should ensure that have completed right to work checks for all staff whatever their nationality. This will provide a basis for reassessing right to work as and when circumstances change.
Will my employees have to leave the UK?
The Leave campaigners have given reassurances that any new immigration system should not affect EU citizens already “lawfully” resident in the UK. In any event, Britain has at least two years to negotiate the terms of its withdrawal. During that period the rights of the EU citizens living in the UK should not be affected. We will provide further updates as the situation becomes clearer.
Discuss the situation with the employees if needed
Employees from EU countries like Poland, Spain or Germany may be wondering if there is anything they can do to clarify their rights to stay and work in the UK post-Brexit. Their position will depend on individual circumstances such as: whether they have lived in the UK for 5 years or longer, their relationship status, education history or ability to prove their residency. One option could be to apply now for a document certifying permanent residence in the UK.
Avoid discrimination
Bear in mind that making derogatory comments or business decisions based on nationality may breach the Equality Act 2010 and could result in tribunal claims. If issues arise it would be worth re-circulating equality policies and providing training to staff on avoiding discrimination, including harassment or bullying in the workplace because of race or nationality.
Which laws may be affected?
The next course of action for Britain will be to negotiate a new trading relationship with the EU to allow British firms to trade goods and services with EU countries. This process may take two years or more and depending on the outcome of the negotiations the UK may remain bound by European laws.
Employment law is one of the areas which will inevitably be affected. Areas which are expected to change include rules on agency workers, holiday pay, levels of compensation for discrimination and harmonisation of terms of employment after a business sale. Dependent on the Government’s approach, other laws may be affected.
The negotiation and withdrawal process will be lengthy and complicated. It will affect all employers and employees regardless of the size, type or nature of their business.
If you are looking for more information about the immigration status and the rights of your EU employees or would like to discuss the effects of Brexit on your business, please contact a member of our Employment team who will be able to help.
