Brexit’s Seismic Shift: Navigating the New Landscape of UK Employment Law
The Brexit referendum of 2016 set in motion a tidal wave of change across the UK’s legal framework, with employment law standing at the forefront of this transformation. As the dust settles on the UK’s departure from the EU, workers, employers, and HR professionals alike must grapple with a new reality that promises both challenges and opportunities in the workplace.
The Post-Brexit Landscape: Key Changes in UK Employment Law
Brexit has brought about a paradigm shift in UK employment law, impacting various aspects of the employer-employee relationship. Here’s a closer look at some of the most significant changes:
1. End of Free Movement of People
The free movement of people between the UK and the EU has ended. This has significant implications for employers recruiting from the EU, as they must now navigate a points-based immigration system.
2. New Immigration Rules
The UK has implemented a points-based immigration system, requiring EU citizens (except Irish citizens) to obtain a visa to work in the UK. This system prioritizes skilled workers who meet specific criteria, such as salary thresholds and language proficiency.
3. Impact on Existing EU Workers’ Rights
EU citizens residing in the UK before the Brexit transition period ended were eligible to apply for the EU Settlement Scheme (EUSS) to secure their rights to live and work in the UK. Those who successfully applied under the EUSS maintain their existing employment rights.
Navigating the New Normal: Practical Implications for Employers
The post-Brexit employment landscape presents both opportunities and challenges for UK employers. Here’s how businesses can navigate this new terrain:
1. Reviewing Recruitment Practices
Employers need to adapt their recruitment strategies to comply with the new immigration rules. This includes:
- Understanding the points-based immigration system and its requirements.
- Exploring sponsorship options for skilled workers from the EU and other countries.
- Ensuring compliance with right-to-work checks for all employees.
2. Understanding Employment Rights
Employers must stay abreast of the evolving landscape of employment rights, particularly concerning EU citizens hired before and after Brexit. This includes understanding the rights retained by settled EU citizens under the EUSS.
3. Data Protection and Privacy
Brexit has implications for data protection and privacy. The UK is no longer subject to the EU’s General Data Protection Regulation (GDPR). However, the UK has incorporated GDPR principles into its domestic law, creating a largely aligned data protection framework.
The Future of UK Employment Law
The full impact of Brexit on UK employment law is still unfolding. The UK now has greater flexibility to diverge from EU employment regulations. This could lead to changes in areas such as working time regulations, agency worker rights, and TUPE (Transfer of Undertakings (Protection of Employment)) regulations.
This video from Real Employment Law Advice provides valuable insights into the changes to UK employment law following Brexit, particularly concerning right-to-work checks and the status of EU citizens.
Adapting to Change: The Road Ahead
Brexit has ushered in a new era for UK employment law, marked by both complexities and opportunities. By staying informed, adapting to new regulations, and seeking expert legal advice when needed, employers can successfully navigate this evolving landscape and foster a thriving and compliant workplace.
Key Takeaways for Employers:
- Immigration Changes: Understand the points-based system and sponsorship options.
- Employee Rights: Stay informed about the rights of EU citizens hired before and after Brexit.
- Data Protection: Comply with UK data protection laws, which incorporate GDPR principles.
- Stay Updated: Monitor future changes in UK employment law as they emerge.
