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ACAS has issued some guidance that is relevant for anyone employing EU citizens post Brexit. We summarise some key points here:

EU citizens currently working in the UK need to address their rights by seeking settled status (if they have been here 5 years or more) or pre settled status if not. Both, effectively, give them the right to work in the UK indefinitely.

Those who have British, Irish or dual citizenship already have the right to work here indefinitely.

Don’t forget that the eligibility to work in the UK should be checked for all new employees. To be safe from accusations of unlawful discrimination there should be no exceptions. Our employee handbooks provide details so that employees (as well as their employers) understand what is needed. Or you can contact us for further information.

ACAS encourage employers to be mindful of employees’ concerns about Brexit and to take time to have discussions with those who may be affected. The link above provides some further guidance.

It is also worth remembering that employees’ human rights are not affected and the right to appeal to the European Court of Human Rights continues whether we eventually leave the EU or not.

Malcolm Martin FCIPD

Author Human Resource Practice

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