Your employer checklist
“The way you carry out Right-to-Work checks for EU, EEA and Swiss citizens remains the same until 30 June 2021. From this date, new rules will come into effect.” Karen Cole
- Identify who in your business may be affected by the UK leaving the EU. This includes EU workers and UK nationals with a spouse or partner from the EU. Be careful not to give immigration advice to EU workers unless you are qualified to do so.
- Become familiar with the EU Settlement Scheme. While it is the responsibility of the individual to make an application under the scheme, employers must be careful not to make any offer of employment or continued employment dependent on an individual having made an application. EU citizens and their family members (including children and non-EU citizens) must apply by 30 June 2021 to continue to live, work and study in the UK.
- Obtain a sponsor licence if you want to employ anyone arriving in the UK from 1 January 2021. A UK points-based immigration system came into effect on 1 January 2021, and employers must be a licenced sponsor to hire eligible employees from outside the UK. Immigrants looking to work in the UK (excluding Irish citizens) will need to apply for permission in advance and show that they have a job offer from an approved employer sponsor.
- Ensure you continue to carry out Right-to-Work checks on all potential employees. The way you carry out these checks for EU, EEA and Swiss citizens remains the same until 30 June 2021. From this date, new rules will come into effect with which you need to become familiar.
- It is important that you don’t discriminate against EU citizens in light of the UK’s decision to leave the EU, whether as an employer or prospective employer. Ensure that you don’t make assumptions about a person’s right to work in the UK, or their immigration status.
Call employment partner Karen Cole today for all your employment law queries.
Note: This is not legal advice; it provides information of general interest about current legal issues.