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Michael Leftley and Sarah Harrop WHAT DOES BREXIT MEAN FOR HR AND EMPLOYMENT LAW?

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Page 1: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

Michael Leftley and Sarah Harrop

WHAT DOES BREXIT MEAN FOR HR AND EMPLOYMENT LAW?

Page 2: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

TODAY’S SPEAKERS

MICHAEL LEFTLEY

Partner

[email protected]

SARAH HARROP

Partner

[email protected]

Page 3: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

WHAT ARE WE GOING TO COVER?

Timeline TCAEnd of EU law

supremacy

What future changes are

likely Immigration

Page 4: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

TIMELINE

Timeline

June 2016

EU

referendum

March 2017

Notice of

withdrawal

June 2018

Withdrawal

Act 2018

January 2020

Exit day

December 2020

TCA agreed

December 2020

IP completion

day

Page 5: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

TRADE AND COOPERATION AGREEMENT (TCA)

TCA

● TCA commits both parties not to weaken employment rights

● Level playing field

○ Non-regression clause

○ Re-balancing measures

● Restriction but not a complete prohibition

Page 6: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

END OF EU LAW SUPREMACY

BREXIT

Existing EU-

derived law

New ECJ decisions

New EU directives

End of EU

law

supremacy

Page 7: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

WHAT FUTURE CHANGES ARE LIKELY?

Likely

future

changes

Human rights

Family-related

leave and pay

TUPEWorking time

and holidays

Discrimination

Page 8: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

AREA BY AREA IMPLICATIONS

AREA IMMEDIATE CHANGE? FUTURE LIKELY

CHANGES?

Human rights No UK’s membership of ECHR

remains unaffected

Discrimination No Any future change unlikely

Working time and holidays No, except for retained EU

regulations regarding drivers’

hours and tachograph

requirements which have been

amended

Potential future changes relating

to:

● Right to accrue holiday during

sick leave

● Holiday pay calculation

Family-related leave and pay No Any future change unlikely

TUPE No Any future change unlikely

Likely

future

changes

Page 9: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

Immigration

NEW IMMIGRATION SYSTEM – RECAP

Skilled worker route

• Requires sponsorship from a

licenced sponsor

• No resident labour market test

• Salary threshold lower than

before = generally £25,600 or

above

• Skill level = A level

• No national cap on the

number of visas

• English language and

maintenance requirements still

apply

Settled or pre-

settled status

EEA nationals

living in the UK on

or before 31 Dec

2020

EEA nationals not

living in the UK by

then

New

immigration

system

Page 10: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

DIFFERENT WORKING PATTERNS (1)

New recruit

moving

from

Europe

Skilled

worker

(defined

Cos)

New recruit –

EU national -

changing jobs

in the UK

Skilled

worker

(undefined

Cos)

Employee

moving intra-

group

Intra-company

worker visa (or

consider skilled

worker

anyway?)

Immigration

Page 11: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

DIFFERENT WORKING PATTERNS (2)

Employee

lives in the

EU/works in

the UK

Frontier worker if

working this

pattern on or

before 31

December 2020

(or skilled worker)

Employee

attending

meetings Visitor

Dividing time

between the

UK and the

EU

Probably

skilled worker,

unless can be

classed as a

visitor

Immigration

Page 12: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

DIFFERENT WORKING PATTERNS (3)

Independent

contractor

based in EU

working ad

hoc in the UK

Possibly

visitor or

International

Agreement

worker

EU national

based in EU

needs to

work in the

UK for a few

months

Skilled

worker

Immigration

Page 13: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

Immigration

BUDGET – POTENTIAL NEW IMMIGRATION ROUTES

● “Elite points-based visa”

● Automatic qualification for Global Talent

● New global mobility visa – Spring 2022

● Modernisation

● Support for small firms

Page 14: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

Immigration

RIGHT TO WORK CHANGES

• During the Transition Period, no changes to the existing RTW check process and no distinction between EEA/ UK national employees.

• EEA passports and national ID cards will be valid documents.

• EEA nationals may share their settled/ pre-settled status – but this is not compulsory.

• Retrospective RTW checks on EEA nationals will not be required.

Transition period

Page 15: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

Please send any follow up questions to [email protected]

WHAT DOES BREXIT MEAN FOR HR AND EMPLOYMENT LAW?

Page 16: Brexit and employment law - Addleshaw Goddard · 2021. 3. 12. · Automatic qualification for Global Talent New global mobility visa –Spring 2022 ... be valid documents. •EEA

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