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Brexit. What does the EU Settlement Scheme mean for employers?

What are your obligations?

8 Jun 2021

EU citizens and their family members (including non-EU citizens) need to apply to the EU Settlement Scheme to continue to live, work and study in the UK.

Given the valuable contribution EU citizens make to businesses and organisations across the UK, employers may wish to communicate with their EU staff about the EU Settlement Scheme.

It’s important to be aware of your obligations as an employer:

  • There is no legal obligation for you to communicate the EU Settlement Scheme, however, you may wish to direct employees to the information that the government is providing
  • It is the responsibility of the individual to make an application to the EU Settlement Scheme. There is no requirement for the individual to inform you, as their employer, that they have applied or the outcome of their application. Likewise, you should not check that an employee has applied
  • You have a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU as both a prospective and current employer. You cannot make an offer of employment, or continued employment, dependent on an individual having made an application
  • You should not interpret information on the EU Settlement Scheme provided by the government and you must be careful not to provide immigration advice for your employees, unless you are qualified to do so
  • The deadline for applications to the EU Settlement Scheme is 30 June 2021.

For information on how to apply for the EU Settlement Scheme please read our blog. If you have any questions please contact us.

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