Laura Darnley from HRC Law explores some of the issues for employers around Brexit including things you could do now to prepare

1. Brexit
Employer Focus
(SlideShare Edit)

2. Brexit: An employer’s perspective
• Why is this an issue for employers?
• What rights do EU nationals have now?
• What rights will they have post-Brexit?
• What additional compliance issues will employers face?
• How will Brexit affect future recruitment?
• What can employers do now to prepare?

3. Disclaimer
This presentation contains general overview information for training purposes
only. It does not constitute, and should not be relied upon, as legal advice.
You should consult a suitably qualified lawyer on any specific legal problem or
matter.
This deck was created on 28 January 2019. Information on this topic is
subject to imminent change. It will quickly become out of date after this point.
Users of this deck should be mindful of that and should contact Laura or
another specialist for an up-to-date position on this topic at any given time

4. EU nationals already in the UK

5. What rights do EU nationals currently (i.e. pre-Brexit) have?
• Freedom of Movement
• First 3 months – no restrictions at all
• After 3 months – exercising Treaty Rights
• Employed, Self-employed, Jobseeker
• Self-sufficient, Student (NB comprehensive sickness insurance required)

6. What about non-EU family members (pre-Brexit)?
• Next of kin
• “Piggy back” on EU national exercising Treaty rights
• Do require documentary evidence to verify right to live/work in the UK
• Examples:
• EEA Family Permit
• Residence Cards

7. What does this mean for employers (pre-Brexit)?
• For EU nationals: No current restrictions
• Recruitment
• Employment
• Self-employment
• Directorships
• Studying
• Simple “Right to Work” checks

8. How will Brexit change this?
• Leave Date – 29 March 2019
• EU nationals already here?
• EU nationals arriving after Brexit?
• Deal or No Deal?
• Transition period?

9. Settled and Pre-Settled Status
• Proposed new visa status for EU nationals/their non-EU family members* who want to
continue living in the UK:
• Settled Status
• Pre-Settled Status
*Does not apply to Irish nationals (retain existing status)
• Different situations depending on whether we have a deal or a no deal scenario.

10. How can businesses prepare?
A window of opportunity

11. Being Prepared
• Complete change in mindset; many employers little interaction with immigration issues,
especially SMEs. Consider training needs.
• Provide communication and support
*Employers must be careful not to give immigration advice: potentially unlawful in certain
circumstances*
• Know and understand your workforce
• Know your recruitment needs
• Be careful of discrimination risks
• Opportunities for businesses and recruiters?

12. EU nationals coming to the UK post Brexit

13. EU nationals after Brexit
• Freedom of Movement will end
• We don’t know when yet (Deal/No Deal etc?)
• New immigration regime
• Contact Laura Darnley at HRC Law
• for employment or business immigration legal support for your business.

14. Laura Darnley, Associate,
HRC Law | hrclaw.co.uk | 0161 358 0541 | @HRCLawLLP
lauradarnley@hrclaw.co.uk