#FIRMday London 24th November 2016 - Seabury Beaumont 'I ain't afraid of no ghosts. Who are you going to call? Brexit-Busters'
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‘I ain’t afraid of no ghosts. Who are you going to call? Brexit-busters’ In this session, Emma Bagshaw Seabury Beaumont will tell you the truth about Brexit and how it will impact your organization’s future recruitment practices. We’ll also be looking at some top tips for managing staff during this uncertain time, and answering your questions.
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#FIRMday London 24th November 2016 - Seabury Beaumont 'I ain't afraid of no ghosts. Who are you going to call? Brexit-Busters'
- 1. Who you gonna call? ….Brexit-busters! Emma Bagshaw Consultant Senior Solicitor 24 November 2016
- 3. Brexit-buster • What have you heard in the news? • Bust the myths and find the truths • Or the half truths….!
- 6. We are no longer part of the EU!
- 7. UK remains in the EU… • Remain part of the EU & EEA • No change to recruitment of EEA + Swiss nationals • UK visa system unchanged
- 8. BE FR NL FI DE IT AT EE IE CY PT LV EL LU SI LT ES MT SK BG PL HR CZ RO HU SE DK UK Norway Liechtenstein Iceland Switzerland EU EEA Bilateral Agreement
- 9. BE FR NL FI DE IT AT EE IE CY PT LV EL LU SI LT ES MT SK BG PL HR CZ RO HU SE DK UK Norway Liechtenstein Iceland Switzerland EU EEA Bilateral Agreement Rest of the world
- 10. Who can work in the UK? • British Citizens • EEA nationals + Switzerland • Family members x EEA nationals + Switzerland • Visa nationals (points based system) • Other visa routes (non points based system)
- 11. Tier Category Tier 1 Entrepreneurs & Investors Closed – Post Study Workers Tier 2 Skilled migrants with a job offer Tier 3 Low skilled workers Tier 4 Students Tier 5 Government Authorised Exchange International Trade Contracts Youth Mobility Scheme Standard Visitor Visa (Business) No employment but can attend meetings/audit/contacts/training POINTSBASEDSYSTEM
- 13. We’ll be out of the EU by 2017
- 15. The Process Vote Leave Pre- discussions Article 50 27 EU countries discuss Negotiations Draft Deal to European Council Approval Ratification Leave
- 16. The Process Vote Leave Pre- discussions Article 50 27 EU countries discuss Negotiations Draft Deal to European Council Approval Ratification Leave
- 18. EU’s affect on British legislation • Working Time Regulations • Minimum paid leave • Agency workers protection • TUPE • Maternity leave and pay • Equal pay • Anti-discrimination laws • Data protection rights
- 19. What can you do? • Keep a watching brief • Look out for consultations • Look at problem areas • Sign up to my updates!
- 21. Post Brexit - We’ll have unrestricted access to recruit EU nationals
- 23. Who chooses to work in the UK? (EU) • Romania • Poland • Italy • Spain • Bulgaria (National Insurance cards issued to foreign workers ending March 2016)
- 24. Who chooses to work in the UK? (non-EU) • China • India • United States • Australia • Pakistan (entry visas issued to non-EU nationals in year ending March 2016)
- 26. Options • Stay in EU • Stay in EEA • Arrangement with EU / individual countries
- 27. What does this mean post Brexit? 1. The UK Government need to find a way to fill the gaps without hurting the economy 2. Free trade comes with free movement of people 3. Immigration control a top priority
- 29. Post Brexit - Our British passports will be invalid
- 30. |B| Passports • British Citizen • EU Passport
- 31. Fraud & Right to Work • Will we see a rise in fraud? • Right to work checks • Home Office crackdown • Get compliant now!
- 33. Post Brexit - Irish workers will be able to work in the UK
- 34. Migration • Ireland will remain a member of the EU • Northern Ireland remain part of the U.K, • Ireland part of the Common Travel Area
- 35. Common Travel Area • Ireland • Channel Islands • Isle of Mann
- 36. More than likely • Continue to live and work with unrestricted access • Policing the borders
- 38. Post EU - EU nationals will have to leave the UK
- 39. 77%
- 40. EEA Nationals • Reciprocal rights • Permanent residence after 5 years • Apply for British Citizenship • Family members rights
- 42. We will have an Australian points based system
- 43. Post Brexit Options • Stay in the EU and renegotiate • Stay in the EEA • Be like Switzerland! • Extend current systems • True points based system
- 44. BE FR NL FI DE IT AT EE IE CY PT LV EL LU SI LT ES MT SK BG PL HR CZ RO HU SE DK Norway Liechtenstein Iceland Switzerland EU EEA Bilateral Agreement
- 45. Points Based Systems - Australia • Skilled workers (190,000 cap): • 65 points • More points for shortage occupations – mechanics and accountants • Age • Recognised qualifications • Previous experience working abroad • Skilled Worker – Sponsored: • Not points based • Humanitarian Programme (20,000 cap) • Medical examination
- 46. Points Based Systems - Canada • Points based system: • “prioritises broadly desirable human capital, rather than a specific job offer” • Weighting on location • 67 points: • Education • English & French Proficiency • Work experience • Age • Offer of employment • Financial background • Medical examination
- 47. No points based system for us
- 48. Where does that leave us?
- 49. Where does that leave us? • Free movement for EU: • Tourists • Students • Pensioners • EU migrants – register and return if not job • Rest of world capped • Tougher regulation on students
- 50. Post Brexit - Businesses will find it harder to move staff to other countries
- 51. Transfers • EU free movement of staff • Intra-company transfer rules
- 53. It will be more expensive to recruit
- 54. Will it be more expensive? • Increasing cost of recruitment: • £1,000 per year - Certificate of Sponsorship Tier 2 visa • £200 per year - Immigration Health Surcharge • Visa advice • Relocation • Impact on salary • Cheaper employment
- 55. What can you do? • Keep a watching brief • Look out for consultations • Look at problem areas • Sign up to my updates!
- 57. Contact Details Emma Bagshaw Consultant Senior Solicitor T: 0845 366 5497 M: 07786326594 E: eb@seaburybeaumont.co.uk W: www.seaburybeaumont.co.uk
Notas del editor
- Brexit has caught us off guard as it wasn’t expected. Also – the Government wasn’t prepared We are being told that it will be tough Not much coming out of Downing Street – but let’s bust as main myths as we can or discuss what could happen!
- - Remain part of EU Not sure where you can recruit from – see me later…we’ll have a quick recap No changes to the Points Based System and the limits on Tier 2 visas remains the same.
- Settled status, indefinite leave to remain and permanent residence all have the same meaning 72 authorised government exchange schemes Overarching body is the sponsor as opposed to the employer. A work experience programme. These schemes offer work experience including volunteering, job - shadowing and internships. Work exchange programmes between the UK and other non –EEA countries are also included in this category. The aim is for migrants to gain experience of work in the UK. Approved schemes will allow migrants to take part for a maximum of 12 months. b) A research programme. These schemes allow migrants to undertake research programmes and fellowships on a scientific, academic, medical, or government research project at a UK Higher Education Institution or another research institution operating under the approval of a relevant government department. (The relevant government department may also offer financial sponsorship for the institution.) Approved schemes allow migrants to take part for a maximum of 24 months. c) An overseas language programme. These schemes are professional language training programmes that are fully or partially paid for by an overseas government or an organisation affiliated to an overseas government for up to 24 months. d) A training programme. Approved schemes allow migrants to take part for a maximum of 24 months and offer formal, practical training in the fields of science and medicine. This includes training delivered by HM armed forces or UK emergency services training programmes created for qualifying postgraduate students who need to undergo a period of formal training to gain their full qualification before leaving the UK. The UK has commitments under the: General Agreement on Trade in Service (GATS); b) EU - Chile FreeTrade Agreement ; c) EU - CARIFORUM Economic Partnership Agreement; d) EU -Andean Free Trade Agreement; to allow employees of an overseas business and self - employed people to work in the UK, where they are established on the territory of a country that is a contracting party to these trade agreements, and is delivering a service to a UK customer Under all Tier 5 categories you can verify that the individual will have funds up to £945 Can only issue CoS 3 months in advance Youth Mobility Scheme – for up to 2 years for Australia, Canada, japan, new Zealand, Monaco, Taiwan residents Tier 2 Migrant can perform up to 20 hours work for another employer in the same sector or in an occupation on the SOC code list.
- Here are our Brexiteers.
- UK votes leave UK notifies EU – invoking Article 50 of the Treaty on European Union (2 year period begins) Remaining 27 EU countries meet to discuss withdrawal Negotiations begin between UK and EU Draft deal put to European Council (27 leaders) Needs approval from at least 20 countries with 65% of the population Ratification by European Parliament At end of 2 years the negotiations can be extended further but only if all 27 countries agree. If no agreement to extend negotiations then the EU treaties cease to apply to the UK The UK leaves the EU UK Parliament must repeal the 1972 European Communities Act and replace with new agreement If UK wants back in it has to apply again
- UK votes leave UK notifies EU – invoking Article 50 of the Treaty on European Union (2 year period begins) Remaining 27 EU countries meet to discuss withdrawal Negotiations begin between UK and EU Draft deal put to European Council (27 leaders) Needs approval from at least 20 countries with 65% of the population Ratification by European Parliament At end of 2 years the negotiations can be extended further but only if all 27 countries agree. If no agreement to extend negotiations then the EU treaties cease to apply to the UK The UK leaves the EU UK Parliament must repeal the 1972 European Communities Act and replace with new agreement If UK wants back in it has to apply again
- Parliament has to remove the legislative ties between the UK and the EU
- EU regulations automatically have binding legal force in every EU country Directive has to be implemented in the UK Direct effect on public bodies – for the rest it has direct effect when it is brought into UK law Contract law will stay the same. European Court of Justice influences our own laws Think rules on holiday pay - accrue holiday even whilst off sick
- Have a wide spread of recruitment – some to do with numbers and others to do with skills. Basis of all discrimination law – you pick the person who is fluent in French not finding the French national. 330,000 net migration 39,000 outflow of UK citizens
- How attractive are our workers?
- 2013 German government launched a scheme aimed at attracting British apprentices.
- 15% of construction staff hires EU nationals 5% of NHS Food production, agiculture and mining are some of the UK industries that may be fundamentally changed by the EU referendum if migrant labourers are dispelled from the UK, according to the Resolution Foundation. They found that manufacturing, agricuture and domestic service jobs would be most severely affected. Migrant labourers from the EU make up more than 30 per cent of all workers in the manufacture of food products, including jobs like processing cheese and meat, making baked goods and animal slaughter. Almost a quarter of domestic personnel such as housekeepers and carers come from the EU while one fifth of those working in the accommodation sector, or in hotels and other tourist industries, come from the EU. Workers from the EU are allowed to continue to work in the UK for the two years of Brexit negotiations, after which their future is uncertain. EU migrants have a higher employment rate than the UK average, research has shown. Without passporting, which allows the free movement of people, goods and services between countries in the EU, migrant workers from other p What this tells me is that the Government is not likely to let those trades/occupations reduce. Skills will be find whatever but it is how that happens. Can it happen without access to free moving labour? Doesn’t have to be free labour but could be easily qualified for labour.
- 2013 German government launched a scheme aimed at attracting British apprentices.
- 2013 German government launched a scheme aimed at attracting British apprentices. Expect a half way house How did we work in France pre EU?
- Not an EU passport – signifies British Citizenship The passport covers are standardised by the EU and we may be able to change the colour if we so wish Also there will be an update to the passport front covers
- Bound to have changes to right to work documentation – more complex More risk of fraud Greater risk of fines
- More non-EEA nationals coming to UK than EEA nationals
- More non-EEA nationals coming to UK than EEA nationals
- More non-EEA nationals coming to UK than EEA nationals
- More non-EEA nationals coming to UK than EEA nationals David Cameron – non-EEA family members who wish to join their spouse will need to show prior lawful residence in another MS before they can join
- More non-EEA nationals coming to UK than EEA nationals David Cameron – non-EEA family members who wish to join their spouse will need to show prior lawful residence in another MS before they can join
- Is this model suitable? Remember that Australia wants to attract migrants to live and work in Australia.
- More non-EEA nationals coming to UK than EEA nationals David Cameron – non-EEA family members who wish to join their spouse will need to show prior lawful residence in another MS before they can join