On 1 January 2021, the UK officially left the EU.
There have been several changes within Employment Law surrounding EU nationals that are currently employed within the UK and what actions employees and employers need to take.
Actions
All EU citizens who were living and working in the UK on 31 December 2020 need to apply for ‘Settled’ or ‘Pre-Settled’ status. Due to the Brexit deal, EU citizens have until 30 June 2021 to apply for the ‘Settled’ or ‘Pre-Settled’ status. Employers should make their employees aware of this scheme and signpost them to the relevant Government sites for further information,
An EU citizen will need to apply for ‘Settled’ status if they have lived in the UK for five or more years. An EU citizen will need to apply for ‘Pre-Settled’ status if they have lived in the UK for less than five years.
Irish nationals or Irish nationals holding a dual citizenship do not need to apply for ‘Settled’ or ‘Pre-Settled’ status as they are covered under The Common Travel Area (CTA).
EU citizens arriving on or after 1 January 2021 may need to apply for a visa. Click here for further information.
Rights to Work
‘Settled’ status will allow the individual to stay in the UK indefinitely and possibly apply for British citizenship if eligible. ‘Pre-Settled’ status allows the individual to live in the UK for an additional five years. Subsequently, the individual may be eligible to then apply for ‘Settled’ status.
Existing Employees
For existing employees the Governments current stance is that retrospective checks do not have to take place, therefore you do not need to be asking your current employees for proof of their settled/pre-settled status. In fact, the Government are stating that employers should not check if their current staff have applied for settled/pre-settled status and your current employees do not need to inform you that they have applied or of the outcome.
New Appointments from 1 January 2021 – 30 June 2021
For any new appointments you make from the 01 January 2021 – 30 June 2021 you are able to accept an EU passport or EU identity card. You would then follow the guidance above should they become a member of staff.
Appointments from 01 July 2021
There will be a new right to work check process for EU citizens from the 01 July 2021 onwards. As soon as this is released, we will update you.
If you have any queries following this blog please do not hesitate to contact your HR Consultant or phone 01924 827869.
Sources:
https://www.cipd.co.uk/news-views/news-articles/eu-settlement-update-cipd
https://www.gov.uk/staying-uk-eu-citizen
https://www.gov.uk/government/publications/common-travel-area-guidance
