Brexit and the effect it will have on current employees – Have you done a Workplace Audit?
The UK left the EU on 31st January 2020 and a transition is in place until 31st December 2020 during which time there are no practical changes to immigration rules between the UK and Europe.
From 1st January 2021 the free movement that we have become used to between the UK and European Economic Area (EEA) will cease and a new immigration system will be implemented in the UK.
This is a challenge for Employers and HR need to plan ahead.
The first step though is for employers to prepare and undertake a workplace audit so they can identify who will be impacted and can plan ahead accordingly.
Employers should consider whether or not they hold reliable data on which their employers are EEA national in the UK or UK nationals in the EEA.
Employers should conduct an information audit to establish whether or not they hold certain information on employees, including their
• Nationality (dual nationality)
• Location
• Job Role
• Start Date with the organisation in the UK or other EEA country
• Contact details
• Length of residence in the UK or EEA country
If an employer does not currently hold this data collecting it will ensure that it has an accurate understanding of the workforce.
There are options you can undertake to get the data so that you as the employer can collect and complete accurate data. Three options are
a “bring your passport to work day”
ask your employees to show their passport and complete a short survey - this may not be an option for some employers, for example where employees are not attending the workplace due to the COVID-19 pandemic.
run an online survey where employees self-certify their nationality - although the risk of inaccurate data would be higher under this option.
Once you as the employer are satisfied that you hold reliable data in relation to its migrant workforce it can be used to
• Identify the number of employees who may be affected by changes to the immigration rules
• Identify who may qualify for settled status or pre-settled status under the new system
• Consider whether or not any EEA nationals who have spent time in the UK but are on secondment overseas could apply for settled or pre-settled status
Settled status – individuals who have resided continuously in the UK for five years or more will be granted settled status. Settled status allows an individual to live and work in the UK indefinitely and will be lost only where the individual is absent from the UK for five consecutive years.
Pre-settled status – Individuals who have resided in the UK for less than five years when making their application will be granted pre-settled status. Pre-settled status allows an individual to reside and work in the UK temporarily and can be converted to settled status when they have been resident for five years. Pre-settled status will be lost where the individual is absent from the UK consecutive years. However absences from the UK of over six months in any 12 month period may impact the ability to convert to settled status after 5 years.
Applications for either status are undertaken online and must be completed by the individuals. However, employers may want to assist employees with support through the process, communication on what is required, access to legal advice and financial support.
Under the withdrawal agreement reached between the UK and EU all EU nationals who are residing in the UK by 11pm on 31st December 2020 will be required to apply under the EU Settlement Scheme for settled or pre-settled status by 30th June 2021.
So if you have not undertaken your workforce audit yet don’t leave it to late, get you plans in place today.