First of all, don’t panic. We know now that we are leaving the EU but the most important questions are when will we exit and what will this mean to me as an employer.
You should reassure staff that any significant changes in employment rights and the right to work in the UK are highly unlikely to happen in the short-to medium term. Staff should know there will be no imminent changes to legislation and that you will keep them informed of any potential changes as negotiations progress and the likely implications become clearer.
In the long term, there might be significant legislative changes and almost certainly employers now face “years of uncertainty” especially in relation to the position of EU workers in the UK and the status of case law based on European judgments. We may not know the real impact on employment law until after the next general election in May 2020.
Recently, statistics have shown that hate crime and racial harassment reports have increased by 57% as a result of the Brexit aftermath, something that may filter into your workplace. This is the time to ensure that your policies and procedures are robust and fit for purpose to deal with these issues.
The wellbeing of your staff is important at this time as any change can create uncertainty, stress and anxiety. Ensure there is appropriate support for those that are struggling or worried. Update your absence policy, flexible working policy, your leave policies and offer extra services such as counselling to help staff cope with any pressure they may be feeling.
There has been a lot of talk about immigration, and it is considered likely that EU citizens currently working the UK will retain their right to stay in the country, by registering through a new scheme, although it is unclear at present how this will work in practice. It certainly would be advisable for companies to undertake an employment audit of current staff in the UK and the EU to plan for any new systems and reduce potential risks to themselves. There may even be the possibility of employees having to apply for a work permit if there is a repeal of the current EU Immigration rules.
I for one, don’t believe that there will be drastic rollback of employment rights and don’t forget some employment rights, such as the right to join a trade union, are protected by the UK’s status as a signatory to the European Convention on Human Rights, rather than by its membership of the EU.
If you have any question or need any advice on the issues raised in this article, please call B&G HR on 01522 583963.