Topics

Brexit

Susie MunroEditor's message: The situation as it currently stands is that the Brexit date has been postponed. The UK will leave the EU on 31 October 2019, or earlier if Parliament approves the withdrawal agreement before that date. It is also possible that, if no deal is reached by 31 October 2019, the UK and EU could agree a further extension to the Brexit date. If the withdrawal agreement is not ratified by 22 May 2019, the UK will be required to participate in EU elections.

One of the issues of particular interest to many organisations is the impact of Brexit on their European workforce in the UK. The UK Government and the EU negotiators have reached an agreement on citizens' rights, under which 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. The position for UK citizens in the EU if there is no deal is less clear, as it depends on the approach of each individual country.

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 rights, will remain in effect after Brexit, but will become subject to Parliament's control over domestic law.

The Act also confirms that, from exit day, 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 be the UK Supreme Court. The jurisdiction of the European Court of Human Rights is, however, unaffected by Brexit.

Susie Munro, senior employment law editor

New and updated

  • EU settled status scheme looks far from settled

    Date:
    12 June 2019
    Type:
    Commentary and analysis

    The EU settled status scheme is facing an uncertain future after strong criticism by MPs, the uncertainty over the political leadership of the UK and Brexit policy. Immigration expert Chetal Patel finds that despite the instability, businesses are left with little choice but to plan on the basis that the scheme is here to stay.

  • Podcast: Latest updates on Brexit and what they mean for employers

    Date:
    11 June 2019
    Type:
    Audio and video

    Louise Haycock, director at Fragomen, takes us through the implications of Theresa May's resignation and the new proposed Brexit date of 31 October 2019.

  • MPs say EU settlement scheme risks Windrush re-run

    Date:
    30 May 2019
    Type:
    News

    The EU settlement scheme could lead to the unnecessary and unlawful deportations of people who should be entitled to live and work in the UK, a parliamentary report has stated.

  • How to prepare for Brexit

    Type:
    How to

    Updated with current processing times for applications for settled or pre-settled status.

  • What does Brexit teach us about negotiation and litigation?

    Date:
    8 May 2019
    Type:
    Commentary and analysis

    After more than two years of watching politicians grapple with one of the most complex negotiations the UK has ever been involved in, Paul Quain and Lisa Rix consider what we can learn from this in the context of employment disputes.

  • No EU settlement scheme applications rejected in initial phase

    Date:
    7 May 2019
    Type:
    News

    The Home Office has announced that more than 600,000 EU citizens had applied to stay in the UK in the event of Brexit and that, of the applications made to during the scheme's pilot phase, none had been refused.

  • What challenges will HR face in the next 10 years?

    Date:
    29 April 2019
    Type:
    Commentary and analysis

    Making predictions for the workplace is fraught with risk but Emma Shipp and Lynne Adams take a punt on technological change, new legislation, societal trends and, yes, Brexit, to lay out the likely challenges for HR professionals over the next 10 years.

  • Brexit workforce audit

    Type:
    Policies and documents

    An example spreadsheet to use when auditing your organisation's UK workforce for Brexit. The audit can assist employers with workforce planning and ensuring that EU nationals are encouraged to apply for settled or pre-settled status.

  • Half of staff fear Brexit redundancies within a year

    Date:
    18 April 2019
    Type:
    News

    Almost half of employees think their employer will make redundancies over the next year, fearing Brexit will result in financial instability.

  • Brexit extension: Will employers be kept in the dark?

    Date:
    12 April 2019
    Type:
    Commentary and analysis

    The UK and the EU have agreed a "flexible extension" of Brexit until 31 October, but will this Halloween exit date mean further nightmares for employers? Jo Faragher reports.