9 September 2019

With less than two months to go before the UK leaves the EU, what steps should employers be taking now in order to protect their EU workforce?

Conduct a staff audit to identify affected employees

First, employers should assess the composition of their workforce and identify EU citizens or family members of EU citizens.

The degree of any exposure and impact of change is dependent upon the sector and industry. Certain industries such as social care, construction and hospitality are heavily reliant upon an EU workforce and are therefore likely to be most affected, however even sectors with a smaller EU staff proportion may experience skills shortages. It is therefore vital that businesses safeguard their existing employees as much as possible to minimise disruption and risk.

Keep informed and understand the options

Under the EU Settlement Scheme (EUSS), EU citizens who have continuously resided in the UK for at least five years by the date of Brexit (or the end of the transitional period in the event of a deal) are eligible for settled status. Those with less than five years’ residence are eligible for pre-settled status, to allow them to complete five years’ residence becoming eligible for settled status.

Support employees in applying for documentation

All EU nationals currently residing in the UK will be required to make an application for immigration permission under the EUSS. The deadline to do so will depend on whether there is a deal in which case it would be 30 June 2021 or if the UK leaves without a deal, the deadline will be 31 December 2020.

Employers can support their staff by providing information, arranging advice clinics and instructing immigration lawyers to manage applications.

Prepare for no-deal

While the government had previously stated that it would introduce a transitional system for EU citizens arriving in the UK immediately after Brexit from 1 November 2019 until the end of the envisaged transition period, 31 December 2020, this was cast into doubt by a Home Office press release issued last month, stating that plans for EU citizen arrivals immediately after a no-deal Brexit ‘are being developed’. Therefore, employers seeking certainty should consider bringing forward any recruitment campaigns as much as possible in order to avoid skills gaps caused by an abrupt end to free movement which could mean significant additional administrative and financial burdens for employers (Home Office filing and other associated fees of up to £18,000 for a family of four for a five-year contract of employment) under the Tier 2 sponsorship system.

Article featured in the September edition of London Business Matters.