Brexit’s Seismic Shift: Unravelling the Impact on UK Employment Law

The End of Free Movement: Implications for Recruitment and Workforce Planning

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One of the most significant changes brought about by Brexit is the end of the free movement of people between the UK and the European Union. This has profound implications for UK employers who rely on EU nationals as a vital part of their workforce.

New Immigration System: Points-Based System and Skilled Worker Visas

The UK has implemented a new points-based immigration system, requiring EU citizens (except Irish citizens) to obtain a visa to work in the UK. The Skilled Worker visa is the primary route for skilled workers coming to the UK.

• Points-based System: Points are awarded based on factors like skills, qualifications, salary, and English language proficiency.
• Skilled Worker Visa: Requires a job offer from a Home Office-approved sponsor, meeting a minimum salary threshold, and demonstrating English language proficiency.

Impact on Employers: Increased Costs and Administrative Burden

The new immigration system introduces additional costs and administrative burdens for UK employers, including:

• Sponsorship License: Employers need to obtain a sponsor license to employ EU citizens.
• Compliance Requirements: Stringent record-keeping and reporting obligations related to sponsored workers.
• Recruitment Challenges: Potential difficulties in attracting and retaining EU talent due to visa requirements.

EU-Derived Employment Rights: What’s Changed and What Remains

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A significant portion of UK employment law is derived from EU law. Brexit has sparked uncertainty about the future of these rights and protections.

Retained EU Law (Revocation and Reform) Bill: Uncertainty and Potential Changes

The Retained EU Law (Revocation and Reform) Bill, currently making its way through Parliament, will significantly impact UK law, including employment law. The Bill aims to revoke or potentially reform EU-derived laws by the end of 2023, creating uncertainty about the future of various employment rights.

Key Areas of Concern: Working Time Regulations, Agency Workers, and More

Some of the key areas of employment law that could be affected by the Retained EU Law Bill include:

• Working Time Regulations: Limits on working hours, rest breaks, and paid holiday entitlements.
• Agency Workers Regulations: Equal treatment for agency workers compared to permanent employees.
• TUPE Regulations: Protection of employees’ rights during business transfers.
• Data Protection: The UK GDPR, derived from EU law, governs data protection and privacy.

This informative video from Burges Salmon provides a comprehensive overview of the impact of Brexit on UK employment law, including changes to immigration rules and the implications for employers and employees.

Navigating the Post-Brexit Landscape: Practical Steps for Employers and HR

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In this evolving legal landscape, employers and HR professionals must adapt to ensure compliance and protect their businesses.

Review and Update HR Policies and Procedures

• Immigration Compliance: Implement robust right-to-work checks and sponsorship procedures.
• Data Protection: Review and update data protection policies to comply with UK GDPR.
• Employment Contracts and Handbooks: Ensure compliance with any changes in employment law.

Seek Legal Advice and Stay Informed

It’s crucial to seek legal advice from specialist employment lawyers to navigate the complexities of post-Brexit employment law. Staying informed about legislative changes and seeking guidance from reputable sources like the government’s website (gov.uk) is essential.