The good news is that there will be no immediate change to:
- Right to work checks
- GDPR Guide for candidates
- Employment legislation based on European law e.g. holiday pay rights
Following the UK leaving the EU at 11pm on Friday 31 January 2020, the EU (Withdrawal) Act 2018 and EU (Withdrawal) Act 2020 contain provisions that do not allow changes until the implementation period is complete. However, the UK will not be allowed to take part in EU institutions, governance structures and decisions etc.
What is the implementation or transition period?
From 11pm on Friday 31 January 2020 to 11pm on 31 December 2020. During this time, the UK and the EU can negotiate on the new terms of their future relationship and until the transition ends, most things will stay the same including:
- Freedom of movement (the right to live and work in the EU and vice versa)
- UK-EU trade
- Travelling to and from the EU
Could there still be a no deal?
Yes. The UK and EU reached an agreement for the UK to leave the EU but the future relationship is subject to negotiation between the UK and the other EU member states. There are currently 11 months left to reach an agreement so if no deal is agreed, contingency plans may have to be implemented. If so, the government would likely default to the World Trade Organisation terms.
We will keep you posted on any major updates over the course of 2020 and share useful information so we can all prepare, whatever the outcome. Atwood Tate has access to the REC’s Legal Helpline and we undergo relevant training to ensure we’re compliant.
Helpful resources for businesses:
Helpful resources for Candidates:
If you are an EU national and you want to continue living in the UK: https://www.gov.uk/staying-uk-eu-citizen
If you are an UK Citizen in the EU: https://www.gov.uk/uk-nationals-living-eu
General info: https://www.gov.uk/browse/visas-immigration
The key message still is:
Don’t worry if you’re already working here in the UK, you will be able to stay!
The rights and status of EU, EEA and Swiss citizens living in the UK will remain the same until 30 June 2021. If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021. You’ll be given either:
- settled status
- pre-settled status
Which status you get depends on how long you’ve been living in the UK when you apply and your rights will be different depending on which status you get.
If you do have questions, please do get in touch with us and we can clarify on some of this advice and hopefully point you in the right direction!