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Employers 'between a rock and a hard place' on post-Brexit right to work rules
CeeD member, Lindsays, has been featured in Business Insider (21 May) commenting on post-Brexit right to work rules.
As part of Brexit agreements, EU citizens who were in the UK before 1 January 2021 can confirm their rights to continue to live and work in the UK beyond 30 June through the EU Settlement Scheme.
However, businesses are finding it challenging to balance the need to be prepared for incoming European Union right to work requirements with not breaking existing employment rules.
Kate Wyatt, a partner at Lindsays, is advising companies to carefully carry out an audit of their workforce to ensure checks are sufficient, up to date and identify whether further steps may be appropriate ahead of a summer rule change.
When employing EU citizens before 30 June, including those who arrived on or after 1 January, employers can still rely on an EEA or Swiss national passport or ID card, in accordance with Home Office guidance, and do not need proof of settled or pre-settled status - or other immigration status.
The legal firm, however, believe some employers are currently running into difficulties in trying to be organised because UK Government guidance states that they should not be asking EU citizens for proof of settled or pre-settled status before 30 June, when Brexit right to work check transition arrangements end.
Kate Wyatt said: “Some employers are finding themselves between a rock and a hard place. Government guidance states that you cannot demand somebody produce evidence of their settled or pre-settled status before 30 June because that’s potentially discriminatory - you can ask, but you must be very careful in how you do so.” Read full article here.
Working Life – Has COVID changed everything?
CeeD is running an event next month in partnership with Lindsays on this very topic. Join us on 3rd June to find out more. Register here.