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Home / Blog / Advice
06Sep

Embracing the September Shift: Flexible Working and New Beginnings

September 6, 2023 Melissa Workforce, Advice

As children go back to school and many employees join new companies, organisations have the perfect opportunity to reflect upon their working environments. From flexible working arrangements to seamlessly onboarding new employees, there’s a lot on the agenda. At Phil Collier Associates, we see September as a month of transformation and opportunity, particularly with regards to Human Resources.

Back to School, Back to Work

September is a busy month, as it marks the end of summer holidays and the return to routine. For parents, juggling work while ensuring their children are set for the new school year can be a huge task. Employers need to recognise this seasonal shift and offer supportive structures that can help their workforce balance both worlds successfully.

Flexible working can be a game-changer here. Whether it’s flexitime, compressed hours, or remote working, these arrangements provide employees the scope to fulfil their parenting duties without compromising on professional responsibilities. After a year or more of remote work due to the pandemic, many businesses have the technology and systems in place to support this. However, a truly supportive, flexible working policy is not just about technology; it’s about creating a culture of trust and results-oriented evaluation.

From Policy to Practice

A starting point for any organisation is to review existing HR policies and determine if they are aligned with current workforce needs.

Are there policies that support work-life balance?

Do these policies consider parents who may need to drop off or pick up their kids from school?

Are they inclusive, catering to the needs of single parents and guardians?

Just having policies in place isn’t enough. The challenge is effective communication and implementation, which requires training for managers to handle a more flexible team effectively, evaluating productivity not by hours clocked but by results produced. Companies also need to think about creating environments that support remote work. This could mean providing necessary hardware, supporting mental health through virtual counselling, or offering contributions towards a home office setup.

Periodic review of these flexible working arrangements is crucial. Employers should collect feedback to understand the efficacy of these policies and make changes where necessary.

September Starters

September also frequently marks the arrival of new employees. This is another area where a thoughtful HR policy can make a big difference. An effective onboarding process is critical in helping new hires integrate into the company culture and understand their role and responsibilities. A poor onboarding experience, on the other hand, can result in low employee engagement, reduced productivity, and potentially high turnover.

In times like these, businesses should consider developing robust digital onboarding programs, offering mentorship programs, and setting up initial one-on-ones with key team members, including those in leadership positions. Flexibility in training hours can also make new hires feel more welcome, especially if they are juggling multiple responsibilities outside of work.

The External HR Perspective

While companies can do a lot internally to implement these changes, the experience and perspective of an external HR company can be invaluable:

Leadership Mentoring and Coaching:

Especially useful when managing teams with flexible working arrangements. Leaders have to adapt to these new modes of working, and external support from specialists can help them to develop the skills required for this new era of work. Whether it’s effective remote team management, time management, or building a culture of trust, coaching sessions are designed to prepare your leaders for these challenges.

Policy Crafting:

Crafting robust and inclusive flexible working policies ensures that your policies don’t just meet the statutory requirements but genuinely add value to your organisation by enhancing employee satisfaction and productivity.

New Staff Onboarding:

September often sees an influx of new starters, and a robust onboarding process is critical for their long-term retention and productivity. Refining your onboarding procedures, offering best practices for digital and in-person integration, and even providing mentorship for the new hires if desired, is a key benefit of using a HR company.

Periodic Reviews and Audits:

Implementing changes is one thing, but understanding their effectiveness is another. External HR companies can provide unbiased assessments of your policies, training initiatives, and onboarding processes. A consultative approach allows them to refine and recalibrate as needed, ensuring that your HR practices continue to serve your organisation well.

In conclusion, September is a critical month for both personal and professional new beginnings. By taking a proactive stance and implementing thoughtful, flexible policies, companies can make this transition smoother for everyone involved. The support of external HR companies, like us, can provide the necessary expertise and objectivity to make these changes not just feasible but highly successful.

For more information on how Phil Collier Associates can help you navigate the September shift, get in touch, the first consultation is free.

nic@nobullm34.sg-host.com

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03Aug

The Power of Quality Management Systems (QMS): A Key for Small Businesses in the UK to Unlock Major Supply Chains

August 3, 2023 Melissa QMS, Advice
The power of QMS for small business in the UK to unlock larger supply chains
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06Jul

Navigating the Path to CHAS Certification: A Comprehensive Guide

July 6, 2023 Melissa Advice, CHAS Certification, QMS

An increasingly recognised standard in the health and safety sector is the Contractors Health and Safety Assessment Scheme (CHAS). This prominent UK-based accreditation signifies that a business is committed to upholding the highest health and safety standards.

Today, we ‘re going to explore what the CHAS certification is and why it is vital for your business.

Launched in 1997, CHAS serves as a third-party verifier of health and safety compliance for contractors and subcontractors across various industries. This rigorous scheme evaluates the health and safety policies, procedures, and documentation of organisations to ensure they adhere to the requisite standards.

The Significance of CHAS Accreditation

Earning a CHAS certification signifies more than just health and safety compliance. It is a badge of honour that showcases a company’s commitment to responsible and sustainable business practices. Clients and partners alike perceive this accreditation as evidence of a diligent safety culture and robust risk management protocols.

Beyond the improved reputation, the CHAS certification simplifies the tender process for contractors. Many organisations prioritise contractors with CHAS certification, as this accreditation provides assurance that health and safety legislation is being adhered to without the need for a comprehensive audit. Thus, this coveted accreditation can open doors to opportunities in public and private sectors.

The Journey to CHAS Accreditation

The path to CHAS certification involves a thorough assessment of an organisation’s health and safety management systems. It requires a company to demonstrate its competence in risk prevention, employee safety training, and consistent compliance with health and safety regulations.

To guide businesses through the accreditation process, external consultants are available to provide expert assistance. These professionals offer tailored advice based on the unique needs of each business, ensuring the requirements are understood and met. With their expertise, organisations can navigate the CHAS certification process confidently and efficiently.

The Benefits of Seeking Professional Assistance

While the CHAS accreditation process may seem daunting, professional consultants can help businesses sail smoothly through it. Experienced consultants take the burden off the company by managing the intricate process, providing advice, and ensuring documentation is up to standard.

Having an expert manage the process can be advantageous. Not only does it free up company resources, but it also minimises the risk of failing to meet CHAS requirements due to lack of experience or understanding. Ultimately, this can save time, effort, and financial resources in the long run.

The Wider Scope of CHAS

In recent years, the CHAS framework has broadened to encompass more than just health and safety. The scheme now includes assessments for environmental and quality management, equal opportunities and diversity, and financial and business standing. By expanding its scope, CHAS continues to set the bar for responsible business practices across different domains.

Conclusion

In a world where health and safety standards are paramount, achieving CHAS certification is an excellent way to demonstrate a company’s dedication to these principles. Although the journey to accreditation might seem challenging, it can be simplified with the help of professional consultants. In the end, CHAS certification can open doors to new business opportunities, enhance company reputation, and affirm a commitment to the safety and wellbeing of employees and customers alike.

If you’re thinking about CHAS certification, then why not give the experienced team at Phil Collier Associates a call and see how we can help you to achieve the certification.

Email: nic@philcollierassoicates.com

Phone: 07494 748 165

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04Jul

Local Heroes: How Small Businesses in Cumbria Can Attract and Retain Top Talent

July 4, 2023 Melissa Workforce, Advice

Small businesses often feel overshadowed by the attraction of large multinational corporations when it comes to attracting talent and retaining their workforce, and businesses in Cumbria are no different. Increasingly, we hear of the struggle to build their workforce when the likes of BAE and Sellafield are running large scale employment drives and small business owners feel like they are unable to compete for local talent.

Yet, they have unique attributes and strengths that can draw in and retain a talented workforce, and today, we’re exploring the strategies small businesses can adopt to compete in the recruitment and retention game.

Unique Perks

Many people tend to think of large corporate companies when it comes to employee benefits, but small businesses can offer unique perks that equally appeal to prospective employees. These could include flexible working hours, the option to work remotely, or even the ability to bring your dog to work. A local small business might offer more freedom and flexibility, which can greatly improve work-life balance and job satisfaction. By promoting these benefits, Cumbrian businesses can attract talent who value flexibility over the more structured corporate environment.

A Positive Work Culture and Professional Growth Opportunities

Work culture can be a powerful magnet for talent. Small businesses often boast close-knit, supportive environments that larger companies struggle to replicate, because in such settings, each employee is recognised as an individual, not just a number in a large workforce. By cultivating and showcasing a culture of inclusivity, respect, and recognition, small businesses can create an environment that employees are drawn to and will want to stay in.

While multinational companies may have more job roles, small businesses offer unique opportunities for career advancement. Given their size, employees often take on multiple roles, providing them with a diverse range of experiences and skills. This equips them with a broad skill set and makes them agile in their careers. By creating and communicating these growth opportunities, small businesses can appeal to ambitious talent looking to fast-track their career development.

Strong Relationships and Company Values

In smaller businesses, managers and leaders often have more one-on-one time with their employees. They can develop strong, meaningful relationships, understand each employee’s career aspirations, and help them grow. This personalised approach to career development can foster loyalty and significantly improve retention rates.

In addition, an increasing number of today’s workforce, want their work to reflect their values. If your small business has a strong commitment to sustainability, community, or other ethical considerations, make sure you showcase these. By aligning business values with those of potential employees, businesses can attract like-minded individuals who are passionate about their cause and committed to their roles.

Local Presence and Community Involvement

Finally, never underestimate the power of community. Small businesses are often at the heart of local economies, and many potential employees appreciate this. By focusing on your commitment to the local community, whether through sponsorships, local events, or supporting local suppliers, you can appeal to those who value community connection and want to contribute to their local economy.

Although large multinational corporations might seem like the default choice for job seekers, small businesses, particularly those in Cumbria, have their unique appeal. By leveraging their strengths and adopting strategic approaches, these businesses can successfully compete for top talent. Remember, it’s not always about the size of the company, but the value it provides to its employees and community. Small businesses might just have more to offer than meets the eye.

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23Feb

COVID-19 Update – Heading for the Budget

February 23, 2021 admin Advice, COVID-19

As we all seemed to have ‘settled’ into Lockdown #3, it has been a few weeks since my last COVID-19 update. You’d have to have been on another planet, though, to have missed the Prime Minister’s address last night setting out his roadmap to recovery, and so, following this, I thought I should touch base once again.

So, from this roadmap we now have a good indication of when things may open and this has to be positive news, allowing us all to start planning for the resumption of our businesses and, of course, our own personal lives.

What was missing last night though, were the support measures that the government will introduce or continue to leave in place as we embark on this road to recovery.

It is obvious that businesses that have been struggling through aren’t going to be rubbing their hands with glee and counting their profits at the end of week one, month one or even, in many cases, year one. It is going to be a long, hard, slow and, hopefully, steady recovery for so many of us and thus it is vital that the government recognises this in the support packages that I hope will be announced when the chancellor reveals the detail of his spring budget next week (Wednesday 3 March).

I hope that he will announce a number of recovery support measures for the business sector, including the continuation of the local support grants scheme. For me, furlough absolutely has to be extended well beyond its current end date of 30 April and I would hope that we will see the 80% flexible furlough retained for a number of months before moving to gradually reduced levels – 70%, 60%, 50% – similar to how this was envisaged last year before we headed into the tiered approach and then the second and third lockdowns.

An extension to furlough will be critical as I am sure that there will be many businesses that will not be able to bring back all of their furloughed employees immediately and I also fear that we will see further redundancies as businesses evaluate their respective paths to recovery.

Those businesses that took out Bounce Back Loans received positive news recently in that these loans can now be paid back over 10 years instead of 6, and payment holidays can be taken by businesses.

Another positive is that businesses that had struggled to claim on their business interruption insurance may now have that opportunity following the recent judgement by the Supreme Court. If you want to see whether you might be able to claim, take a look at the FCA’s on-line policy checker:

https://www.fca.org.uk/firms/business-interruption-insurance/policy-checker

There are other things that we will need to keep an eye on in next week’s budget statement that could have a negative impact and counter other possible support measures – things such as VAT, National Insurance and Corporation Tax. Let’s keep our fingers crossed and hope that the government does not undermine the positive support measures that they have put in place for businesses over the past 11 months.

As always, give me a call should you require any further information or if you need advice on any employment matters.

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21Jan

COVID-19 Update – Annual Leave

January 21, 2021 admin Advice, COVID-19

Since the Prime Minister’s announcement on the evening of Monday 4 January, putting the country back into lockdown, I have been asked a number of questions relating to annual leave and, specifically, whether an employer can require an employee to take annual leave during furlough.
Generally, employers can require employees to take a period of annual leave during the coronavirus (COVID-19) outbreak, provided that they give the employee the required notice. This is unless there is an agreement to the contrary (such as in the employee’s contract or a collective agreement). As previously advised, the employer must give the employee a period of notice at least twice as long as the period of leave it requires them to take. For example, if the employer requires the employee to take one week’s annual leave, they must give them at least two weeks’ advance notice.


Where an employee is furloughed during lockdown, it is less certain that the employer can require them to take annual leave (although the need to pay employees their normal weekly pay during a period of annual leave may mean this is an unattractive option for many employers in any event).
The most up-to-date government guidance on Holiday entitlement and pay during coronavirus (COVID-19) states that:
“If an employer requires a worker to take holiday while on furlough, the employer should consider whether any restrictions the worker is under, such as the need to socially distance or self-isolate, would prevent the worker from resting, relaxing and enjoying leisure time, which is the fundamental purpose of holiday.”
While case law has found that employees can be required to take annual leave at a time when they would not otherwise be working, it is not clear if the same principles would apply during furlough in a lockdown situation. Therefore, the safest option for an employer wishing to avoid the risk of a dispute is not to require employees to use their annual leave during furlough for the foreseeable future.


However, this does not mean that an employer cannot request employees to use their holiday whilst furloughed but, should this be the preferred option, they should seek their agreement to this, rather than imposing a period of annual leave on them. Employees in receipt of reduced pay may indeed be happy to take annual leave while they are furloughed, as this leave period would be on full pay.
As you will be aware from my previous updates, employees will be able to carry over unused leave that has been accrued during the period of the COVID-19 pandemic. Last year, the government passed new emergency legislation to ensure that businesses have the flexibility they need to respond to the pandemic and to protect workers from losing their statutory holiday entitlement. These new regulations enable workers to carry holiday forward where the impact of COVID-19 means that it has not been reasonably practicable to take it in the leave year to which it relates.


Where it has not been reasonably practicable for the worker to take some or all of the 4 weeks’ holiday due to the effects of coronavirus, the untaken amount may be carried forward into the following 2 leave years. When calculating how much holiday a worker can carry forwards, employers must give workers the opportunity to take any leave that they cannot carry forward before the end of the leave year.


As always, give me a call should you require any further information or advice on the above, or on any other employment matter.

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17Dec

COVID-19 Update – Further Extension of the Furlough Scheme

December 17, 2020 admin Advice, COVID-19

In a surprise announcement earlier today, the UK government has advised that the Coronavirus Job Retention Scheme (CJRS) will remain at the current level of 80% until the end of April 2021.

Having previously extended the scheme to 31 March 2021, the government was due to undertake a review in January. One can only assume that this further extension is in anticipation of the third spike in the New Year that is being mooted following the relaxation of the COVID rules over the Christmas period.

The period for making claims for December is now open and these must be made by 14 January 2021.

To help you plan ahead to meet the monthly deadlines, here is a list of the key dates:

• 14 January 2021 – final date to submit claims for December 2020
• 15 February 2021 – final date to submit claims for January 2021
• 15 March 2021 – final date to submit claims for February 2021
• 14 April 2021 – final date to submit claims for March 2021
• 14 May 2021 – final date to submit claims for April 2021

Picking up on a couple of questions that I have been asked I am sharing these, with my responses, below:

Can I use CJRS grants to pay for holiday leave?

If you have furloughed employees because of the effect of coronavirus on your business, you can claim under the CJRS for periods of paid annual leave they take while on furlough, including for bank holidays such as Christmas Day or Boxing Day.

If your employee is flexibly furloughed, you can count any time taken as annual leave as furloughed hours rather than working hours.

However, it must be stressed that, for periods of annual leave, employees are entitled to receive their normal full pay, although you can claim 80% of their usual wages for these hours. However, you should not place employees on furlough just because they are going to be on paid leave.

Can I include a Christmas bonus in my calculation for the grant?

You can claim for regular payments that you are contractually obliged to pay your employees, including compulsory commission, fees and overtime. However, you cannot claim for discretionary commission, non-contractual bonuses (including tips) and non-cash payments.

As always, please don’t hesitate to call me if you have any questions.

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17Dec

Brexit – Guidance on employing EU, EEA and Swiss citizens

December 17, 2020 admin Advice

As a change from all things COVID, I thought I would provide you with an update in respect of Brexit – the other ‘hot topic’ of the moment.
The Home Office has recently released additional guidance for employers on employing EU, EEA and Swiss citizens in the U.K. after the end of the Brexit transition period.
So, firstly, a few key points…
• The way employers are required to check a job applicant’s right to work will be unchanged until 30 June 2021. Until this date, EU, EEA and Swiss citizens can prove their right to work as they do now, using a passport or national identity card or the online right to work checking service.
• The guidance reiterates that employers have a duty not to discriminate against EU, EEA or Swiss citizens. Employers cannot require applicants to show their status under the EU Settlement Scheme until after 30 June 2021.
• Irish citizens will continue to prove their right to work in the U.K. as they do now. Irish citizens are permitted to work in the U.K. by virtue of the Common Travel Area (“CTA”) between the U.K. and Ireland.
• EU, EEA and Swiss citizens and their family members who are residing in the U.K. by 31 December 2020 are reminded they have until 30 June 2021, to apply under the EU Settlement Scheme (“EUSS”) to continue living in the U.K. after this date.
• EU, EEA and Swiss citizens and their family members arriving in the U.K. from 1 January, will be required to make an application under the new immigration system to obtain a working visa in advance of moving to the U.K. This will require a job offer from an approved sponsor.

And now for some background…

The U.K. left the European Union on 31 January 2020, triggering a transition period ending on 31 December 2020. Freedom of movement will end 1 January 2021, and the U.K. will have a new immigration system, applicable to both European and non-Europeans alike.

While EU, EEA and Swiss citizens already living in the U.K. by the end of the transition period are able to secure their status in the U.K. using the EUSS (with a deadline of 30 June 2021), those arriving from 1 January 2021 will have to apply under the new immigration system.

And some analysis and comment…

This new guidance provides further clarity on a range of right to work obligations for businesses employing European nationals from 1 January 2021.

The new guidance also raises a question, however, surrounding what documentation can and cannot be requested, particularly for new European hires from 1 January 2021. It is clear that any EU, EEA or Swiss national who is already employed in the U.K. on 31 December 2020, will not require a retrospective right to work check. While these individuals are nonetheless required to apply under the EU Settlement Scheme (“EUSS”) by June 30, 2021, employers cannot require them to demonstrate they have made the application.

For new hires from 1 January 2021, it is clear that any EU, EEA or Swiss citizen not resident in the U.K. will require sponsorship under the new immigration system prior to starting employment.

For new hires of any European nationals already residing in the U.K., while these individuals may have already applied under the EUSS (and are required to do so by 30 June 2021), employers cannot require them to show any status granted under the EUSS until after 30 June 2021.

The guidance is therefore very clear on the requirements for right to work checks on EU, EEA and Swiss new hires between 1 January 2021 and 30 June 2021. Employers can check the job applicant’s right to work as they do now, by viewing either the passport or national identity card, or conducting an online check.

Crucially, employers cannot discriminate and refuse to employ an EU, EEA or Swiss national on the basis they have not yet obtained a status under the EUSS until after 30 June 2021.

Further, employers can be assured they will have a full statutory defence against any illegal employment even from just the passport copies for this population. Retrospective checks are not required on existing employees.

Nonetheless, employers should still be encouraged to provide regular communications to their employees to remind them to apply under the EUSS by 30 June 2021. In fact, this approach is encouraged by the Home Office, who have provided an “Employer Toolkit” – https://www.gov.uk/government/collections/eu-settlement-scheme-employer-toolkit – to provide signposting to businesses to help support their European citizen employees to stay in the U.K.

While the employer will have followed all the right to work guidance to establish a statutory defence, should any employee not have made the application by 30 June 2021, the individuals in question nonetheless require the status to continue lawfully residing in the U.K. Apart from the right to work, holding status under the EUSS is also required for accessing the NHS, schooling, travelling in and out the U.K., banking and renting a property, for instance.

So, in summary…
• Before 30 June 2021, there is essentially no change to the right to work process for employers hiring EU, EEA and Swiss nationals. If the individual is resident in the U.K. a simple right to work check can be carried out using the passport.
• Signposting can be given to employees regarding how to apply under the EUSS, but evidence cannot be requested that this has been done or permission obtained.
• If the EU, EEA or Swiss national is not resident in the U.K., a formal application is required under the new immigration system.
• No retrospective checks are required on existing employees.
• After 30 June 2021, all EU, EEA and Swiss national new hires will be required to show their permission to work in the U.K. either by holding a status under the EUSS or by first making an application under the new system.

As a final consideration…

It remains to be seen if any retrospective checks on holding a status under the EUSS will be required after 30 June 2021, in particular for those individuals hired between 1 January and 30 June 2021. Further guidance is expected to be released by the Home Office as we approach the end of the ‘period of grace’ on 30 June 2021.

In the meantime, employers can be reassured that the requirements for right to work checks on European nationals from January 2021 are perhaps less onerous than may have been anticipated. Indeed, in effect, the right to work check process essentially remains unchanged until after 30 June 2021, notwithstanding the fact that new European hires who are not resident in the U.K. will require working permission under the new immigration system.

If you have any questions relating to this, or to any other employment issue, please don’t hesitate to call me.

Read more
17Dec

Brexit – Guidance on employing EU, EEA and Swiss citizens

December 17, 2020 admin Advice

As a change from all things COVID, I thought I would provide you with an update in respect of Brexit – the other ‘hot topic’ of the moment.
The Home Office has recently released additional guidance for employers on employing EU, EEA and Swiss citizens in the U.K. after the end of the Brexit transition period.
So, firstly, a few key points…
• The way employers are required to check a job applicant’s right to work will be unchanged until 30 June 2021. Until this date, EU, EEA and Swiss citizens can prove their right to work as they do now, using a passport or national identity card or the online right to work checking service.
• The guidance reiterates that employers have a duty not to discriminate against EU, EEA or Swiss citizens. Employers cannot require applicants to show their status under the EU Settlement Scheme until after 30 June 2021.
• Irish citizens will continue to prove their right to work in the U.K. as they do now. Irish citizens are permitted to work in the U.K. by virtue of the Common Travel Area (“CTA”) between the U.K. and Ireland.
• EU, EEA and Swiss citizens and their family members who are residing in the U.K. by 31 December 2020 are reminded they have until 30 June 2021, to apply under the EU Settlement Scheme (“EUSS”) to continue living in the U.K. after this date.
• EU, EEA and Swiss citizens and their family members arriving in the U.K. from 1 January, will be required to make an application under the new immigration system to obtain a working visa in advance of moving to the U.K. This will require a job offer from an approved sponsor.

And now for some background…

The U.K. left the European Union on 31 January 2020, triggering a transition period ending on 31 December 2020. Freedom of movement will end 1 January 2021, and the U.K. will have a new immigration system, applicable to both European and non-Europeans alike.

While EU, EEA and Swiss citizens already living in the U.K. by the end of the transition period are able to secure their status in the U.K. using the EUSS (with a deadline of 30 June 2021), those arriving from 1 January 2021 will have to apply under the new immigration system.

And some analysis and comment…

This new guidance provides further clarity on a range of right to work obligations for businesses employing European nationals from 1 January 2021.

The new guidance also raises a question, however, surrounding what documentation can and cannot be requested, particularly for new European hires from 1 January 2021. It is clear that any EU, EEA or Swiss national who is already employed in the U.K. on 31 December 2020, will not require a retrospective right to work check. While these individuals are nonetheless required to apply under the EU Settlement Scheme (“EUSS”) by June 30, 2021, employers cannot require them to demonstrate they have made the application.

For new hires from 1 January 2021, it is clear that any EU, EEA or Swiss citizen not resident in the U.K. will require sponsorship under the new immigration system prior to starting employment.

For new hires of any European nationals already residing in the U.K., while these individuals may have already applied under the EUSS (and are required to do so by 30 June 2021), employers cannot require them to show any status granted under the EUSS until after 30 June 2021.

The guidance is therefore very clear on the requirements for right to work checks on EU, EEA and Swiss new hires between 1 January 2021 and 30 June 2021. Employers can check the job applicant’s right to work as they do now, by viewing either the passport or national identity card, or conducting an online check.

Crucially, employers cannot discriminate and refuse to employ an EU, EEA or Swiss national on the basis they have not yet obtained a status under the EUSS until after 30 June 2021.

Further, employers can be assured they will have a full statutory defence against any illegal employment even from just the passport copies for this population. Retrospective checks are not required on existing employees.

Nonetheless, employers should still be encouraged to provide regular communications to their employees to remind them to apply under the EUSS by 30 June 2021. In fact, this approach is encouraged by the Home Office, who have provided an “Employer Toolkit” – https://www.gov.uk/government/collections/eu-settlement-scheme-employer-toolkit – to provide signposting to businesses to help support their European citizen employees to stay in the U.K.

While the employer will have followed all the right to work guidance to establish a statutory defence, should any employee not have made the application by 30 June 2021, the individuals in question nonetheless require the status to continue lawfully residing in the U.K. Apart from the right to work, holding status under the EUSS is also required for accessing the NHS, schooling, travelling in and out the U.K., banking and renting a property, for instance.

So, in summary…
• Before 30 June 2021, there is essentially no change to the right to work process for employers hiring EU, EEA and Swiss nationals. If the individual is resident in the U.K. a simple right to work check can be carried out using the passport.
• Signposting can be given to employees regarding how to apply under the EUSS, but evidence cannot be requested that this has been done or permission obtained.
• If the EU, EEA or Swiss national is not resident in the U.K., a formal application is required under the new immigration system.
• No retrospective checks are required on existing employees.
• After 30 June 2021, all EU, EEA and Swiss national new hires will be required to show their permission to work in the U.K. either by holding a status under the EUSS or by first making an application under the new system.

As a final consideration…

It remains to be seen if any retrospective checks on holding a status under the EUSS will be required after 30 June 2021, in particular for those individuals hired between 1 January and 30 June 2021. Further guidance is expected to be released by the Home Office as we approach the end of the ‘period of grace’ on 30 June 2021.

In the meantime, employers can be reassured that the requirements for right to work checks on European nationals from January 2021 are perhaps less onerous than may have been anticipated. Indeed, in effect, the right to work check process essentially remains unchanged until after 30 June 2021, notwithstanding the fact that new European hires who are not resident in the U.K. will require working permission under the new immigration system.

If you have any questions relating to this, or to any other employment issue, please don’t hesitate to call me.

Read more
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