With the current uncertainty over both the suspension of parliament and the
prospect of a no-deal Brexit, it is sensible for employers to review some
of the potential employment law implications of a no-deal Brexit.
In respect of Brexit, one of the key considerations is the future of EU
nationals living and working in the UK. In the event of no-deal, the EU
Settlement Scheme will still be in place, allowing EU nationals the
opportunity to apply for indefinite right to remain. However, in the event
of no-deal, only those already living in the UK by 31 October 2019 will be
able to apply for settled status. The deadline for applications in a
no-deal scenario will be 31 December 2020.
European Economic Area (EEA)/Swiss citizens and their family members who
have lived in the UK for five years or more at the date of application can
apply for ‘settled status’. Those individuals who have not been living in
the UK for five years will be granted ‘pre-settled status’ until they have
reached the five-year threshold, at which point they will be granted
settled status. This requirement to apply for settled status does not apply
to Irish nationals, who are automatically deemed settled in the UK and so
are not required to apply for settled or pre-settled status.
Given the uncertainty over the post-Brexit immigration position, it makes
sense for employers to try to bring forward recruitment start dates to
ensure that proposed new employees who are non-Irish EEA/Swiss citizens
enter the UK before 31 October 2019.
Under the European Union (Withdrawal) Act 2018, in the event of a no-deal
Brexit all EU employment law will be converted (as it was before Brexit)
into UK law. The Employment Rights (Amendment) (EU Exit) Regulations 2019
will make some small technical changes and introduce new provisions
intended to preserve UK-located European Works Councils but employment law
will otherwise remain the same for the time being. Further down the line,
the UK government may take the opportunity to dismantle EU-derived
employment laws, post-Brexit. However, it’s worth pointing out that some
aspects of UK employment law – such as equality legislation - go further
than EU minimum requirements. After a no-deal Brexit, even if the UK
government does decide to repeal some EU-derived employment rights, there
are still likely to be areas of employment law where the UK goes further
than the EU.
Information as to how individuals should apply for settled status can be
The contents of this Newsletter are for reference purposes only and do not
constitute legal advice. Independent legal advice should be sought in
relation to any specific legal matter.
The contents of this Newsletter are for reference purposes only and do not constitute
legal advice. Independent legal advice should be sought in relation to any specific