HM Insights

Expiry of the Brexit Transition Period and employers – the end of free movement

With it now being less than one month until the expiry of the Brexit transition period (ending at 11pm on 31 December 2020), it is more important than ever for employers to consider the practical changes that will come into effect for employing workers from overseas come 1 January 2021 and how these changes will impact their business and their employment practices.

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New immigration system

The UK Government has made it clear that following the transition period there will be an immediate end to the free movement of workers from the EU. In essence this means that all EU nationals arriving in the UK to work from 1 January 2021 onwards will be subject to the new ‘single’ post-Brexit immigration system. The same system will apply for Scotland as it will for the rest of the UK as immigration is not a matter devolved to the Scottish Parliament.

This will of course have significant implications for all employers. The points based system for recruiting from overseas will be revised and apply differently with effect from the end of the transition period, with changes to right to work checks also coming into effect.

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EMPLOYMENT LAW FOR EMPLOYEES

EMPLOYMENT LAW FOR EMPLOYERS