It’s now been just over 10 weeks, since the public voted to leave Europe.
In terms of legislation nothing has or will happen or change for a long time, if at all. The more immediate impact we have seen is EU nationals (and their employers) worrying about their future, understandably so.
According to a new survey from the British Chambers of Commerce, EU nationals in around two-fifths (41 per cent) of British businesses have expressed concerns about their right to work in the UK after it leaves the EU. Five per cent of organisations experienced resignations from EU employees in the month following the referendum, while 10 per cent reported that some workers had signalled their intention to leave the UK, according to the poll of more than 800 organisations.
So if you employ an EU national you should make it clear to them that they are indeed valued and still wanted and support them with their applications to obtain registration certificates, permanent residence or citizenship. You should be prepared to face requests from them to help them demonstrate their record of employment, residence and tax in the UK to assist with such applications. Otherwise you may risk losing this vital talent pool.
EEA (European Economic Area) nationals who have been in the UK for five continuous years as a ‘qualified person’ (e.g. student, worker, self-sufficient or self-employed person) may already have acquired permanent residence but should, as a precaution, consider applying for a document to confirm their status. EEA staff, who have been working here for less than five years, can apply for a registration certificate to confirm their status as a qualified person, which may assist as and when any cut-off date is announced, after which the rights of future hires from the EEA might not be guaranteed.
You should communicate clearly with all potentially affected employees, emphasising that there will be no immediate changes and that you will keep them closely informed about any potential changes as the negotiation over the UK’s future relationship with Europe progresses. In unsettling times, keeping your ship as steady as possible and not getting anyone jumping unnecessarily is the key. It’s already pretty difficult for employers at a time when the war for talent is ever prevalent so the prevention of losing good staff, no matter where they’re from, should be a priority.
This increased uncertainty around the status of non-UK EU nationals to live and work in the country has not been helped by the new Prime Minister remaining tight lipped (perhaps wanting to use the position as a bargaining chip for impending negotiations). The government needed to clearly set out its plans for non-UK citizens at the earliest opportunity and in the meantime it would be helpful if Theresa May can reassure them as soon as possible that they will have the right to remain in the UK and hence provide that much-needed certainty both for EU employees and their employers.
The Vote Leave campaigner Labour MP Gisela Stuart has claimed EU citizens in the UK have been "left in limbo" since the referendum and will head up a research project on how to protect their rights after the UK leaves the EU. The cross-party inquiry, on behalf of the British Future think-tank, will look at what kind of legal status could be granted to EU citizens in the UK.
Following well publicised racist comments and attacks against various minority and ethnic groups from uneducated imbeciles (although thankfully still only a small number of incidents) it could also be a good time for you to review and communicate/ implement your equality and diversity policy and give training for staff so that you can avoid vicarious liability for work-related incidents by training staff and reminding them of their legal obligations.
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