The Government is providing advice daily to anyone who registers to receive daily Brexit updates. Unless you import or export goods or services much of the advice is irrelevant to my clients.
However recent advice on employing EU citizens post Brexit is relevant to a number of you. I hope you will find the following information useful.
- It is the responsibility of the individual to make an application to the EU Settlement Scheme. There is no requirement for the individual to inform you, as an employer, that they have applied or the outcome of their application. Likewise, you are not required to check that an employee has applied.
- Your duty not to discriminate – that is to treat less favorably or to disadvantage – someone because the UK has left the EU remains extant. Take care if and when you are recruiting for example.
- The current right to work checks remain in place until the end of 2020. By law you must see and retain a copy of photographic evidence that the individual is who they say they are – passport, driving licence, EU identity card – and you should see and retain a copy of evidence of their address. This latter becomes increasingly difficult now that most people get their utility bills online. However, Council Tax bills are still received in hard copy. Take care not to accept downloaded or photocopied documents that may have been doctored to show the relevant address.
- There will be no change to the rights and status of EU citizens living in the UK until 30th June 2021.
- You will not be required to undertake retrospective checks on existing EU employees when the UK transitions to the future skills-based immigration system.
- You are under no obligation to communicate the Settlement Scheme to your EU employees, indeed it is probably best not to embroil yourself in their decision whether or not to apply. However, you could communicate the Government website for the Settlement Scheme – Apply to the EU Settlement Scheme (settled and pre-settled status)