The Brexit transition period, which ended on December 31, 2020, has brought about significant changes in the UK’s immigration and employment landscape. As an employer, it is crucial to understand these changes to ensure compliance with the new rules and to effectively manage your workforce. This ultimate employer guide will provide you with a comprehensive overview of the immigration and employment changes resulting from the Brexit transition.
Understanding the Brexit Transition
The Brexit transition period was a phase of negotiation between the UK and the EU, following the UK’s departure from the EU on January 31, 2020. During this period, the UK remained subject to EU law. However, since the transition period ended, the UK has been free to set its own immigration and employment laws, leading to significant changes for employers.
Changes in Immigration Rules
One of the most significant changes resulting from the Brexit transition is the end of free movement between the UK and the EU. This has been replaced by a points-based immigration system, which treats EU and non-EU citizens equally. Here are the key points you need to know:
- Skilled workers must meet specific criteria, including a job offer from an approved employer, the ability to speak English, and a minimum salary threshold.
- There is a new route for ‘highly skilled’ workers, who can come to the UK without a job offer.
- EU citizens already living in the UK by December 31, 2020, can apply to the EU Settlement Scheme to continue living in the UK. The deadline for applications is June 30, 2021.
Implications for Employers
The new immigration rules have several implications for employers. Firstly, if you want to hire workers from outside the UK, you will need to become a licensed sponsor. This involves applying to the Home Office and demonstrating that you can meet certain responsibilities.
Secondly, you will need to adjust your recruitment processes to comply with the new rules. This may involve carrying out ‘right to work’ checks on all prospective employees, regardless of their nationality.
Changes in Employment Law
While the UK was part of the EU, it was subject to EU employment law. However, following the Brexit transition, the UK has the freedom to diverge from EU employment law. While many of the existing laws have been retained, there have been some changes:
- The UK has retained most EU employment laws, including those relating to discrimination, family leave, and working time.
- However, the UK is no longer bound by future changes in EU employment law and can choose to amend or repeal existing laws.
- There may be changes to the recognition of professional qualifications obtained in the EU.
Preparing for the Changes
As an employer, it’s essential to prepare for these changes to ensure you remain compliant with the law and can continue to attract and retain the best talent. Here are some steps you can take:
- Review your workforce and identify any employees who may be affected by the changes.
- Support affected employees in applying to the EU Settlement Scheme.
- Apply for a sponsor license if you plan to recruit from outside the UK.
- Update your recruitment processes to comply with the new immigration rules.
- Stay informed about changes in employment law and adjust your policies and procedures accordingly.
Conclusion
The Brexit transition has brought about significant changes in immigration and employment law. As an employer, it’s crucial to understand these changes and take proactive steps to adapt to the new landscape. By doing so, you can ensure compliance with the law, protect your workforce, and continue to attract and retain the best talent.
