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Employment, HR and Health & Safety

Are you up-to-date on the best ways to navigate business, through the short and medium-term implications of Brexit?

Most small businesses may not have a dedicated HR person to look into these changes, so it often falls on the business owner to make sure the business is compliant. We've compiled Government guidance on the things you need to know about in Employment, HR and Health & Safety, before and post-Brexit.

A Brexit deal has been agreed in principle with the EU. Both the UK and the EU need to approve and sign the withdrawal agreement. If the withdrawal agreement is not signed by the UK and the EU, the UK could still leave with no deal. Find out what you, your family, or your business need to do if the UK leaves the EU with no deal.

This guidance is subject to change at any time, so please bookmark this page and take a look at it regularly for updates. Don’t forget to sign up to our newsletter to receive regular Brexit updates straight to your inbox.

Whilst many employment rights originally derived from Europe, all of them have been implemented into UK law by UK statute. That means, even in the event of a no-deal Brexit, there will be no immediate impact on UK employment law and it will remain the same as it is now. However, there may be more of an impact on migrant workers and the ability to lawfully recruit and employ EU nationals. The position with that has changed significantly over the past few weeks, so it is worth keeping up to date with the latest news. Nevertheless, the current position is that EU citizens and their family members will continue to be able to enter, live and work in the UK without needing a visa until 31 December 2020 even in the event of a no-deal Brexit.
The same right to work checks that apply now (i.e. possession of a valid passport or national ID card) is all that is required from an EU citizen to prove they can work in the UK. Bira members can get access for free Employments Law, HR and Health and Safety advice through Bira’s approved legal service provider Ellis Whittam.

If you employ EU workers
If the UK leaves the EU without a Brexit deal, EU citizens who are resident in the UK will be able to apply to the EU Settlement Scheme to be awarded settled or pre-settled status, which will permit them to continue to live, work and study in the UK. Applications must be made by 30 June 2021.

Applying for skilled or unskilled work visas
If the UK leaves the EU without a deal, there will be a new process for EU citizens arriving in the UK before 31 December 2020. From 1 January 2021, a new immigration system will operate. However, there will be no change to the way EU, EEA and Swiss citizens prove their right to work until 1 January 2021. This remains the same if the UK leaves the EU without a deal. For non-EU nationals, the EU exit will not affect the application process for work visas.

Read more on on how Brexit may affect Employment, HR and Health & Safety on the Bira website.

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