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Brexit: Know Your Rights

Glassdoor Team

Glassdoor Team

Glassdoor Team | Author & Career Expert at Glassdoor | 23 Jan 2020

More than three years after the Referendum Vote and the UK is finally set to leave the EU on Friday 31st January 2020.   Since the Referendum, many questions have been raised by employees, particularly by EU nationals, who are concerned about their legal position of living and working here in the UK following a deal or a no-deal Brexit. Three and a half years of uncertainty has left a gap for rumours to grow and circulate. Here we dispel some of the myths around European workers’ rights to continue working in the UK, and the conversations you need to have with your employer now. RELATED Five Countries To Work In If You’re Sick Of Brexit  Brexit Myths 
  • All EU workers will have to leave the UK after Brexit
False. Your right to work indefinitely in the UK depends on how long you have lived in the UK when Brexit happens. 
  • I’ve lived and worked in the UK for a long time, so I don’t need to do anything?
False. Under the EU settlement scheme, if you have lived in the UK for five years or more, you have the right to work indefinitely by applying for ‘settled status’ 
  • I arrived in the UK a few months ago, so I’ll have to leave after Brexit
False. Under the EU settlement scheme, if you have lived in the UK for less than five years when Brexit takes place, you have the right to work indefinitely by applying for ‘pre-settled status’. Once you’ve lived here for five years or more, you can apply for this to be changed to a ‘settled status’
  • I’m an EU national with English citizenship, I don’t need to do anything. 
True. If you’re an EU national and have English, Irish or dual citizenship, or have indefinite leave to stay in the UK, you can work in the UK without applying for settled status 
  • As an EU worker, my worker rights are scrapped if there’s a no-deal Brexit. 
False. If you have been living in the UK before a no-deal Brexit happens, you can apply for ‘pre-settled’ or ‘settled’ status. The status you can apply for depends on how long you’ve been resident in the UK. The deadline for applying for this status is 31st December 2020.  Understanding ‘Pre-settled’ and ‘Settled’ Status If you’re an EU citizen who has lived in the UK for five years or more, and you’ve spent less than six months abroad every 12 months, you can apply for ‘settled status’. This is also known as Indefinite Leave to Remain.  You won’t be required to re-apply for ‘settled status’ unless it is revoked or if you spend five consecutive years abroad.  ‘Pre-settled status’ is available to EU nationals who have lived in the UK for less than five years. ‘Pre-settled status’ applies for five years, after which you can apply to change it to ‘settled status’ as long as you meet the criteria.  ‘Pre-settled status’ can be revoked, particularly if you leave the UK for two consecutive years.   The Conversation You Need to Have With Your Employer  Some have never faced bigger changes than what Brexit promises to bring, and it’s been an unsettling time for both EU workers and employers.  Now that Brexit is in sight, there is no time to waste in discussing your intentions with your employer. Don’t be afraid about approaching your employer to have a confidential conversation about your right to work in the UK as an EU national. They’ll be happy to chat with you, as what affects you, also affects them.  While having this conversation may feel daunting, remember that your employer wants to help you in any way they can.  As a valuable member of their team, they’re desperate to retain your skills, experience and enthusiasm. Plus, with it costing around £11,000 for a company to replace one employee, losing staff is costly.  Before you arrange a meeting, familiarise yourself with how Brexit impacts your right to work. Most employers will have been monitoring the situation from the beginning and may have been updating their employees accordingly. If you want to refresh yourself of your rights, speak to your HR team.  As to not get side-lined during the meeting, make notes on what you want to cover. Reiterate your thanks to your employer for taking the time to meet with you, then outline your current situation and finally cover your plans for moving forward.  RELATED How To Get Your Boss To Listen To You  If you’d feel more comfortable with an unbiased presence in the meeting, ask for someone from HR to be present.  During the chat, note down any agreed action points and if necessary, arrange a follow-up meeting to cover off these points.  Having this conversation early on will reduce the stress around Brexit, so there’s limited disruption to your working schedule.  For your information on your rights to work in the UK post-Brexit, visit gov.uk and Acas.
Glassdoor Team

Glassdoor Team

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