Employers Obligations to Existing EU Employees
As you are probably aware, EU citizens working in the UK need to apply to the EU Settlement Scheme for Settled Status to continue to work in the UK beyond 30 June 2021.
Please see below what obligations employers have to their EU employees and if they need to undertake any checks on existing employees from 1 July 2021.
- You cannot discriminate against either existing or prospective EU employees in any way.
- You cannot tell existing or prospective EU employees that they must make an application for Settled Status in order to work or continue to work for you.
- There is no obligation on the employer to make an application for Settled Status on behalf of the employee.
- There is no obligation on the employee to tell you whether they have applied for Settled Status or not or whether they have been successful or not.
- You cannot check to see whether the employee has applied or been successful.
Providing you have checked their eligibility to work in the UK prior to 30 June 2021 and they were eligible to do so, there is no need to do any additional checks for existing employees after 30 June 2021. However, for anyone starting after 30 June 2021, you will need to undertake a check to ensure they are eligible to work in the UK, ensuring you follow the immigration rules set out at the time.
Immigration Law sits outside our scope of expertise. More extensive information can be found on the Government website.
For more specific immigration advice we would recommend you speak to an Immigration Lawyer.