29 / 01 / 2019
Are you ready?
Brexit is going to impact on our laws. It is too early to know what the repercussions will be but it is certain that there will be significant changes in the future. To help you navigate this uncertainty, we have put together checklists that help you identify where the risks might be.
- Do you have workers who are EU nationals or family members of EU nationals?
- Are they aware of the requirement to apply for status under the Settled Status Scheme?
- What support, if any, will you offer to them?
- Do they have five years continuous residence in the UK to qualify for Settled Status?
- If not qualifying for Settled Status initially when will they reach the five year continuous residence requirement?
- What arrangements will you make to ensure all affected workers make the required applications before the deadline?
- What arrangements do you have in place to record overseas travel for EU nationals/family members of EU nationals?
- Do you have checks in place to ensure overseas travel and secondments will not impact on immigration status?
- Do you have a Sponsor Licence covering both new recruits and intra-company transferees?
- Are EU nationals moving to the UK after Brexit aware that their status may not be protected in the event of a no-deal?
- Are any workers from Norway, Liechtenstein, Iceland and Switzerland aware of the impact of Brexit on their status?
- What arrangements have you made to ensure their status will be protected post-Brexit?
- Do you have workers or contractors based overseas who spend time in the UK?
- What arrangements have you made to assess their eligibility to travel to the UK post-Brexit?
- Do you have mobile workers who are based in more than one country or who spend significant amounts of time in other EU countries?
- Do you understand the post-Brexit rules on minimum employment rights for workers posted to EU countries?
- Do you intend to relocate any workers to the UK or to their home country after Brexit?
- Will your recruitment needs be met if you cannot recruit EU or non-UK nationals post-Brexit?
- Have you looked at whether the recruitment practices you will need to adopt will be legal and non-discriminatory?
- Do you know the impact of Brexit on the recognition of existing qualifications, qualifications obtained after withdrawal or relevant qualified workers engaged after withdrawal?
- Will you be able to continue to employ a worker if their qualification is not recognised?
- Do you have any contractors who provide services to the UK from EU countries?
- Will there be any restriction on the services they can provide?
- Will they still be able to travel to the UK when required?
Final salary pensions
- Have employers and trustees considered the investment strategy of the scheme and how it may stand up to the potential impact of Brexit?
- Are you comfortable with the risk level of the scheme’s investments?
- Have you thought ahead about cash flow of the pension scheme?
- Has hedging against inflation and interest rates been considered?
- If making changes, has the scheme’s Statement of Investment Principles been consulted on and updated?
- Do you have in place documents to demonstrate compliance with the GDPR and the Data Protection Act 2018, including a data protection policy, records of processing activities, transparency information, a data breach response plan and log, a data retention policy, or measures dealing with data subjects’ rights?
- Do you carry out marketing activities by email, SMS or telephone?
- Have you registered with the ICO and paid the Data Protection Fee?
- Have you provided appropriate data protection training to your staff?
- Have you appointed a Data Protection Officer or DPO?
- Do you transfer personal data about employees, customers or suppliers across international borders?
- Do you have GDPR-compliant contracts in place with your third-party service providers with which you share personal data?
If you’re concerned about any of the areas above, we should talk. Our lawyers are experts in tackling the complex array of HR and employment challenges that Brexit poses.
Partner, Head of Employment
Partner & iGlobal Director
Pensions & Employee Benefits‐