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Right to Work Issues in Post-Brexit Britain

BY Samantha Mackie
Employment Law & HR

As January’s ‘B- Day’ approaches, anticipation is steadily growing as to what Brexit actually means for UK business.

Given that seven in ten UK employers (72%) report that they employ non-UK nationals, Brexit will likely be causing many businesses angst.  Therefore, with such a diverse makeup amongst the workforce, it is important that employers stay informed of the responsibility to comply with safe recruitment while fulfilling immigration duties in a post-Brexit Britain.  Crucial considerations include understanding the settlement schemes that underpin the future right to remain in the United Kingdom for current European workers, and the introduction of the EURO (TLR) for attractive candidates in employment offerings beyond the settled and pre-settled eligibility.


In such a time of uncertainty, matters of recruitment, immigration and availability of skilled workers may come at an additional cost to employers, particularly given the already diminished pool of EU migrant workers in the UK. It is, therefore, vital that employers minimise recruitment costs and seek to retain workers where possible through workforce planning and informed decision-making.


Establishing their employees’ valid and compliant right to work is now, more than ever, imperative for UK businesses.  Given the financial penalties for getting it wrong, employers must do all they can to be able to mount a successful statutory defence to illegal working claims.   We will be holding Right to Work training sessions up and down the country at the end of January 2020 to help businesses understand their obligations.  Watch out for the upcoming dates. 

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