If your business needs EU staff, get them now

We have been second-guessing the UK approach to Brexit since the referendum outcome, so to have Theresa May confirm time and again that the intended outcome will be a hard Brexit gives clarity on what issues are likely to face employers in the coming years.

Although there are assurances that EU nationals already working here will have some level of security, and that the fundamental rights and protections available to all UK workers and employees which derive from our EU membership will (largely) be safe, we are at the early stages of a long game of poker.

Mrs May has attempted to take the wind out the sails of her European counterparts, most of whom seemed to be anticipating some sort of cherry-picking approach by the UK Government.

It may just be her bargaining style, or some sort of bluff, but UK employers may well be wondering what they may need to put in place now to make sure that when (or if) Brexit happens, they’re prepared.

Ultimately, there is not a huge amount of positive action that most employers can take to protect their business. However, our view is that companies keen to make the most of this new era should continue to gather the best talent they can from the wider pool of Europe. Many businesses rely upon EU nationals, particularly in the construction, care and service sectors. With tighter immigration, we may see the employment of non-UK nationals becoming increasingly difficult unless and until employers can establish they have mined the local talent pool, or there is some other justification for offering this particular individual employment.

Although the Government has previously stated that those EU nationals already employed will be protected, the waters have since been muddied somewhat.

Still, it remains likely that there will be protection for those EU nationals employed at the point of Brexit, simply to keep the wheels of industry moving. Employers should gather talent from the whole of the EU while they can, and ensure that those ­workers have the appropriate registration as a qualified person to ensure they can be as safe and secure as ­possible. There are around 1.2 million UK nationals living in another EU ­country of which 800,000 are working. And there are around 3.3 million people born in another EU country who now live in the UK, of whom approximately 2.1 million are working. It is unlikely that the negotiating parties would sign up to a deal whereby everyone has to go through complicated immigration procedures just to stay put. I’m certain that none of the ­negotiating parties would want to (or be able to in terms of the Vienna Convention) kick out ‘foreign’ ­workers.

Having said all that, everything can change as the negotiations ­proceed. Watch this space. Graham Millar is partner and head of employment law at Gilson Gray.

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For More Information Contact:
Graham Millar
Mobile: 07841 920 102
Direct Dial: 0141 530 2023
Email:gmillar@gilsongray.co.uk

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For More Information Contact:
Stuart Robertson
Mobile: 07793 821 521
Direct Dial: 0141 433 7752
Email:srobertson@gilsongray.co.uk

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For More Information Contact:
Rachael Henderson
Direct Dial: 0141 530 2039
Email:rhenderson@gilsongray.co.uk

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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.