EU Settlement Status – Things that Changed on the 1st January 2021

by Andy Knowles | Jan 15, 2021

Transition period with EU has ended

The way employers recruit EU Nationals as of 11pm on the 31st December 2020…..or more commonly referred to as the 1st January 2021 has changed! However, typically, and as smooth as the transition over Brexit (!), we still find ourselves with more questions than answers and really the only clear outlook will be once we hit the 1st July 2021, when the grace period ends.

EU Settlement what we do know so far?

Referring to our previous EU Settlement news item here, what we do know are the processes and actions you apply must be consistent and fair. How do you know a candidate was in the UK before the 11pm curfew? Or look at it the other way, how do you prove it wasn’t after the 11pm curfew? No matter how you decide to conduct your process, make sure you do not land yourself in a discrimination tangle! Between now and the 30th June 2021, you cannot ask someone to declare their European Union Settlement status….this must be voluntary. You cannot exclude somebody in the selection process just because you know they are an EU National and you are trying to be “safe”. The opinion of Corr Recruitment and probably shared by many, is if an applicant is applying for a job and they have EU Settlement status in either form then the candidate will openly offer that evidence, why would they not?

UK, EU, or non – EU citizen – steps to ensure due diligence

Due diligence that was referred to, is something that is an equal process you follow for UK, EU or non-EU citizens – a practice that you can demonstrate you undertake for ‘everyone’. Part of your RTW ‘and’ other document checks are a good “starter for 10”. Establishing proof of NI or application or time period to apply, along with Proof of Address are key in establishing the issues raised above and in doing so, will be a practice adopted for all candidates. In this current time of the year, relevant Proof of Address will be official evidence of ‘anyone’s’ date/time residence within the UK…..and could resolve your conundrum. Interview questions are also a good source, however they need to be backed up with evidence of time, then of course it needs to be consistent across all Nationalities. Roll-on 1st July 2021, not only because it will be a lot warmer, but Home Office guidance will surely be there for all to see and follow, with no grey areas. (watch this space!)

On a Lighter Note…..Did You Know?

Since we left the EU in terms of the Brexit deal/arrangements, the following link courtesy of the BBC (source) offers you the “7 Things that Changed on the 1st January” I mean who can remember Duty Free coming back from your European holiday? Well it’s back! Before your flight home people will spend endless hours in the Duty Free store buying things as they believe they are getting a bargain. By the time you get home you realise you have purchased that self-gift that you didn’t really need but it just stood out at you at the time, how many Spanish Sombreros does one person need! Anyway look at the top 7 things that have changed since the 1st January https://www.bbc.co.uk/news/explainers-54195827 enjoy!