February 2020 – Post Brexit – right to work in the UK

EU nationals* are being encouraged to apply to the EU Settlement Scheme which will allow them to continue living and working in the UK after 31st December, whether or not the UK and EU reach a deal by that date.  The Government has produced a “toolkit” for employers to help them share information with their workforce about the Scheme.

Any EU nationals who arrive in the UK after 31st January 2020 and before 1st January 2021 can apply under the European Temporary Leave to Remain (Euro TLR) Scheme which, if successful, will allow them to stay and work for 36 months.

After 31st December 2020, EU nationals coming into the UK would be subject to immigration controls in a similar way to those currently coming into the country from outside the EU.  However, it is likely that the immigration system will be updated before that date, particularly as the Government has indicated that it would like to introduce a points-based system, similar to the Australian system.  We will keep you posted on developments.

(*I have used the term “EU nationals” for the sake of simplicity, but this should be read more widely to cover citizens of EU countries, those in the EEA (European Economic Area) and Swiss citizens).

Written Statements of Employment

Currently these must be supplied to employees no later than two months after their start date. However, from April this changes so that they must be issued by no later than the first day of employment and they must also be issued to “workers” as well as employees (please see December’s newsletter for guidance on the definition of a worker).

We always advocate issuing written statements of employment at the offer stage in any case, so that there is absolute clarity about what people are signing up to.  We help our retained clients with the drafting of these documents so that it is very easy for them to comply.  We will also be working with them over the coming months to identify any workers who may now need such a written statement and drafting appropriate documents for them.  If that is something you need help with, please contact us.

Parental Bereavement Leave

From 6th April, a new entitlement to Parental Bereavement Leave is being introduced.  This gives parents of a child who dies the statutory right to one or two weeks’ bereavement leave, paid at the rate of £151.20 or 90% of normal pay (whichever is less).

Currently there is no statutory right to paid bereavement leave, although some unpaid time off would be covered under the statutory right to time off for dependants.

• to £8.72 per hour (from £8.21) for workers aged 25 and over
• to £8.20 per hour (from £7.70) for workers aged 21 to 24
• to £6.45 per hour (from from £6.15) for workers aged 18 to 20
• to £4.55 per hour (from £4.35) for workers aged 16 and 17
• to £4.15 per hour (from £3.90) for apprentices under 19 and those over 19 in their first year*

*N.B. Apprentices over 19 and who have completed at least one year are entitled to the appropriate rate for their age.