The UK Government’s new white paper on the proposed relationship with the EU after Brexit recognizes the importance to UK firms and global investors of the movement of talented workers throughout Europe. Business visits for paid work could, it suggests, continue under certain circumstances, in line with the arrangements for business visitors from outside the EEA. Intra-corporate transfers may be permitted and there is a stated intention to secure onward movement opportunities for UK nationals currently living and working in the EU should they wish to change their member state of residence in future. A further white paper, giving greater detail on a host of immigration-related matters, is expected this autumn.
In addition to the white paper, the Home Office has published an assistance toolkit for UK employers to assist them in working with immigrant members of staff who wish to apply to stay here after March 2019.
The Government has made clear its intention to maintain the employment laws and workers’ rights currently in effect post-Brexit, and has proposed a joint UK-EU commitment to non-regression of standards and an adherence to obligations arising from International Labour Organisation commitments.
In the event of a no-deal Brexit a recent Government note on workplace rights confirms the same commitments, the only proposed changes being minor tweaks to existing legislation reflecting the UK’s new independent status. The note explains, however, that there will be more significant impact in the areas of European Works Councils and the rights of EU-based employees of UK firms in the event of a firm’s bankruptcy.
On the issue of data protection in the event of no deal, the note states the Government’s commitment to allowing the free-flow of data to the EU to continue, but explains that in order for the flow to continue in the opposite direction the EU would first need to make an ‘adequacy decision’ about the UK. The current stance taken on this by the EU is that such a decision cannot even be considered until the UK has actually left, so there may be a period during which companies would be required to identify a legal basis for transfers. In the majority of cases this would involve the use of the EU’s standard contractual clauses.
As and when we know more, we will keep you updated.
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