Brexit will have a huge impact on UK businesses and will certainly impact those businesses that employ EU workers or send their workers to work in the EU. We provide a brief summary of what directors should be aware of in each of the below circumstances:
Hiring EU Workers
If your business is based in the UK and recruits staff from the EU, then new hires appointed from the EU/EEA/Switzerland prior to 31 December 2020 should be supported to apply for pre-settled status under the European Settlement Scheme.
Businesses that have EU/EEA/Swiss nationals arriving for work after 31 December 2020 will need to qualify under the new post-Brexit immigration system.
Your business should be thinking about longer-term recruitment plans and whether there are other options for hiring or concentrating efforts on training your existing workforce to reduce dependence on EU workers.
Existing EU Workers
If your business is based in the UK and employs EU workers, then you should be supporting any EU/EEA/Swiss workers to apply for settled or pre-settled status under the European Settlement Scheme. This will enable them to continue living in the UK after 30 June 2021.
It is advisable to check how many of your staff members may be affected by this and ensure you are providing them with information and support.
If your sector is a regulated profession, certain worker qualifications obtained outside of the UK may need to be ‘officially recognised’ in the UK following the transition period by 1 January 2021.
Overseas Assignments in the EU
If your business is based in the UK but your staff travel to the EU for work assignments or short periods, then UK nationals will be able to continue travelling and working in EU countries until 1 January 2021.
After this date, UK businesses will need to support their employees in applying for the relevant work visa or permit (EU country specific). The business should be responsible for ensuring that they are checking and meeting the entry requirements prior to travelling. If the travel is for a business meeting only, then travel will likely continue as normal but this will be for a limited time period.
UK Employees Based in the EU
If your business is based in the UK and employs UK workers in the EU, then they can continue to work in the EU as they currently are until 1 January 2021. Businesses should, however, ensure they are reviewing the latest state immigration guidance for each country in which their employees are based.
Businesses that have UK nationals working in the EU from 1 January 2021 will have to comply with EU and national immigration regulations and apply for relevant work permits within sufficient time.
If your sector is a regulated profession, certain worker qualifications obtained in the UK may need to be ‘officially recognised’ in the EU following the transition period.
Irish Border Crossing for Work
If your business is based in Northern Ireland or Ireland, and workers need to cross the border for work, then staff can continue to travel as they have been. Irish and UK nationals can freely move between and work within both countries under the Common Travel Area Agreement (CTA).
The CTA does not apply to other EU citizens, however. Entry for other EU nationals will be under the same immigration rules as if they would be entering any other part of the UK from 1 January 2021.