How will Brexit impact on HR?

We are frequently asked about how Brexit will impact on HR. As as with all aspects of Brexit there is no certainty, however here is a little update on the current position.

As we found out yesterday, Brexit has now been postponed and a new departure date of 31st October 2019 applies. The UK will either leave the EU without a deal on this date or it must set out alternative plans.

How will Brexit affect employment law and legislation?
Under the European Union (Withdrawal) Act 2018, EU law will be converted into UK law when the UK leaves the EU. This means that current workers’ rights under EU law, such as working time regulations, will remain in effect after Brexit, however they will become subject to Parliament’s control over domestic law.
The UK courts will no longer be bound by new decisions of the European Court of Justice, (although decisions made before exit day will continue to be binding on UK courts). The final court of appeal will therefore be the UK Supreme Court.

What will the impact of Brexit mean for the European Workforce in the UK?
An agreement has been reached in regards to citizens’ rights which means that EU citizens who arrive in the UK by 31 December 2020, (the end of the transition period), will be entitled to apply for “settled status” when they have five years’ continuous residence in the UK. This will give them the right to stay indefinitely.

In the event of a “no-deal” Brexit, the Government’s position is that the transition period for EU citizens in the UK would not apply, so only EU citizens who are resident in the UK by ‘Brexit day’ would be eligible to apply under the settlement scheme.

That’s all that we know at the moment – we will update you as we find out more.

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