Strasbourg 1992

1. Email: orlarafferty@outlook.comFacebook: Orla RaffertyOrla Rafferty Twitter: @_OrlaRaffertyInstagram: orla_raff Helping CEOs of family run businesses struggling with managing and motivating their team - launch game changing, highly profitable initiatives and products that position them as leaders in their field. Leadership/Executive Coaching HR Consultancy Workplace Investigations Conflict Management and Mediation

2. Strasbourg 1992 European Parliament

3. VIEW on UK Labour Market leaving the EU “The full impact on the UK labour market of the UK leaving the European Union will only gradually become clear over a number of years and certainly not until the terms of our departure have been made clear.” IES Principal Associate, Jim Hillage. (Institute for Employment Studies) • skills and skills supply- will UK employers still have access to the skills that they need at all levels? • what happens in higher education and the access that foreign students have to UK universities and, similarly, what access our students have to study in foreign universities. • health and safety - a lot of health and safety legislation originates in the UK and it will be interesting to monitor whether the situation changes once UK leaves.

4. CIPD - ADVICE ON WORKFORCE “An extension to the Article 50 deadline means the United Kingdom has up until 31 October 2019 to finalise its arrangements for exiting the European Union. While many factors are still subject to change, businesses should not delay in taking the necessary actions to plan for and reassure their workforce…”

5. With unforeseen challenges - What can employers do Supporting EU/EEA/Swiss employees in the UK Higher wage bill from currency fluctuations Reducing staffing costs to offset increased costs and delays SUPPORTING EU/EEA/SWISS EMPLOYEES IN THE UK Employers should examine their current workforce to identify who is likely to need support with obtaining pre-settled or settled status, and ensure they obtain evidence of status over time to meet future right-to-work requirements. For anyone arriving in the UK after 31 December 2020, there will be a new, skill-based immigration system in place - possibly making this more difficult for EU/EEA/Swiss nationals to come to the UK to work, particularly where low-skilled roles are concerned - the UK does not have express provisions for low-skilled migration after Brexit. Businesses will need to factor this into their workforce planning and reconsider recruitment channels if they anticipate a shortage of applicants in certain roles going forward.

6. With unforeseen challenges - What can employers do Continuing operations in the EU Keep communications open with staff Build compassion within the workplace

7. Common Travel Area The UK’s withdrawal from the European Union (EU) will not affect the rights of Irish citizens and UK citizens within the Common Travel Area. The right to live, work and access public services in the Common Travel Area will be protected, regardless of the outcome of the Brexit negotiations Both the Irish and UK governments are committed to maintaining the Common Travel Area in all circumstances.

8. Rights with settled or pre-settled status - cont: If person is an Irish citizen • Do not need to apply for settled or pre-settled status. • However, if an Irish citizen and your child is not a British citizen, they’ll be eligible for either: • the same status that the person could get, based on how long they have lived in the UK • settled or pre-settled status, based on their own residence

9. EU Settlement Scheme • If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status. • The EEA includes the EU countries and also Iceland, Liechtenstein and Norway • If you’re an Irish citizen or have indefinite leave to remain you may be able to stay in the UK without applying • The EU Settlement Scheme is now open and the deadline for applying is 30 June 2021. Which status you get may depend on when you apply. If the UK leaves the EU without a deal • You will need to be living in the UK before it leaves the EU to apply. The deadline for applying will be 31 December 2020.

10. EU Settlement Scheme Enables EU citizens to continue living and working in the UK after Brexit. • EU citizens having lived in the UK 5 years + apply for settled status • Settled status allows EU citizens to stay in the UK indefinitely, and to apply for British citizenship if eligible. • EU citizens having lived in the UK less than 5 years apply for pre - settled status • Pre-settled status grants a further stay of five years in the UK, during which time the recipient may reapply for full settled status once residency requirements are met.

11. Rights with settled or pre-settled status Person will be able to: • work in the UK • use the NHS/HSC (N.Ireland) • enrol in education or continue studying • access public funds such as benefits and pensions, if eligible • travel in and out of the UK If person’s have children after applying With settled status, any children born in the UK while living in the UK will automatically be British citizens. With pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

12. WHAT DOES THE EU SETTLEMENT SCHEME MEAN FOR EMPLOYERS? • 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 an employer, • 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. • Current ‘right to work’ checks (e.g. passport and/or national identity card) apply until the end of 2020. EU citizens can also evidence their right to work using the online right to work service, if they choose to do so. • There will be no change to the rights and status of EU citizens living in the UK until 30 June 20212. • You will not be required to undertake retrospective checks on existing EU employees when the UK transitions to the future skills-based immigration system. • There is no legal obligation for you to communicate the EU Settlement Scheme, however, you may wish to signpost the information. • You should not interpret information provided by the Government or provide immigration advice,

13. Keep Up to date - Web links • http://borderpeople.info/a-z • https://www.investni.com • https://www.lra.org.uk • https://dbei.gov.ie/en/ • https://www.workplacerelations.ie/en/ • https://www.nibusinessinfo.co.uk • https://www.localenterprise.ie/Louth/ • https://www.dundalk.ie • https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit • https://ico.org.uk/for-organisations/data-protection-and-brexit/ • https://www.gov.ie/en/publication/a7ba02-brexit-info/

14. Steps For Employers • Audit - Task Managers with Brexit challenges • Assess - How will a deal or no deal impact your department? • Plan - Procurement/logistics/HR/Finance - e.g. make sure someone in your business is trained to make customs declarations. • Assure Employees - Create assurance with employees particularly those originally outside the UK and Ireland & provide signposting to settled or pre settled status.

15. The Employment (Miscellaneous Provisions) Act 2018 Within 5 days of an employee starting work, employers must give employees core terms of employment. Labelled the ‘Day 5 Statement’, in writing, the employer must notify the employee with the following: • the full names of the employer and the employee • the address of the employer • the expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract; • the rate or method of calculation of the employee’s pay; • the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week. If an employer fails to provide an employee with a Day 5 Statement (without reasonable cause) or deliberately provides false or misleading information, they will be guilty of an offence. The employee can then make a claim to the Workplace Relations Commission (WRC) and be awarded up to four weeks’ remuneration. Protection against penalisation An employee who believes they have been penalised for invoking a right under the 1994 Act (as amended) may pursue a case to the WRC

16. The Employment (Miscellaneous Provisions) Act 2018 Zero hours contracts will be restricted Under the new act, zero-hour contracts will be prohibited except in the following circumstances: • Where the work is of a casual nature • Where the work is done under emergency circumstances • Short-term relief work to cover routine absences for the employer Minimum payments for people called into work but sent home without work • If an employee is called to work and sent home without receiving the hours expected, the employee is entitled to a minimum payment of three times the national minimum hourly rate of pay or three times the minimum hourly rate of pay set out in an Employment Regulation Order (if one exists and for as long as it remains in force). • This new minimum payment will be payable on each occasion an employee is called in to work but does not receive the expected hours of work. A new “band of hours” system will be introduced • If an employee’s contract does not reflect actual hours worked, they will be entitled to request to be placed in a band of hours that better reflects the hours they have worked over a 12-month reference period. National Minimum Wage rates for younger people and trainees have been simplified

17. Email: orlarafferty@outlook.comFacebook: Orla RaffertyOrla Rafferty Twitter: @_OrlaRaffertyInstagram: orla_raff Helping CEOs of family run businesses struggling with managing and motivating their team - launch game changing, highly profitable initiatives and products that position them as leaders in their field. Leadership/Executive Coaching HR Consultancy Workplace Investigations Conflict Management and Mediation