Settle Status: EU Workforce
Do you have employees from the EU working within your business? Changes to the law may mean that they have to reapply to secure their residency status with the new EU Settle Status.
To make this transition period easier, we’ll be stepping you through what you need to know as an employer to support the welfare of these employees in such indefinite times.
What is the EU Settle Status?
On 31 January 2020, the United Kingdom officially left the European Union. Although no official deal has been agreed upon yet, changes have started to slowly filter through – one of the largest being ‘Settled Status’.
But what is settled status and why does it matter?
Settled status is the term for being a resident in the UK without any immigration restrictions on the length of your stay. There are two types of status in the EU Settlement Scheme:
- Settled status
- Pre-settled status
EU citizens who are granted settled status are permitted to stay in the UK as long as they choose; they can also apply for a British citizenship if they are eligible.
Pre-settled status – which is usually granted to those who have not lived in the UK for five continuous years – allows inhabitants to stay in the UK for a further five years from the date they are granted pre-settled status. After this period, individuals can reapply for full settled status.
The deadline for applying is 30 June 2021.
It is free to apply to the scheme through the government website.
Before beginning the application process for settlement status, applicants should have ready proof of identity and residency. It may also be worth double-checking that applicants have not already received pre-agreed settle status here.
What does this mean for employees?
Citizens of the EU, EEA or Switzerland can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. Without confirmed settlement status, these citizens will not have the assumed right to:
- Work in the UK
- Use the NHS for free
- Enrol in education (or continue studying)
- Access public funds, such as benefits (if eligible)
- Enter the UK without a visa
Employees that do not have settled status face the potential risk of having paperwork refused, being unable to work legally in the UK and even deportation – uprooting their family, career and life.
Therefore, it is important to support your EU workforce through their application to ensure there is no disruption to their legal right to work or live in the UK after this deadline.
How can employers help?
Importance of application:
As employers, there is no legal requirement to inform your workforce of the impending deadline but it’s a good idea to ensure there are no legal hiccups (and it also feels like the right thing to do).
Employers do not require proof that employees have applied but getting status through the scheme will protect their future rights, so it is very important that they apply if you want them to continue working for you.
There are a few practical steps you can take to encourage your employees to apply.
Why not start by sending a letter to all your EU employees? It doesn’t have to take much time with letter templates already drafted up and ready to go. You can also ensure visual cues help prompt their minds by displaying informative posters.
Remember: although you can encourage people to apply, as an employer, you cannot ask them whether they have or about the outcome.
Supporting the process itself:
The process itself was designed to be as seamless as possible. However, with the added complication of coronavirus, a few spanners have been thrown in the works.
Due to many businesses being shut for a number of months and international travel complications, employees may have struggled to renew expiring passports. Therefore, workers may require flexible hours or additional holiday days to address this before their application.
Further, it may be useful to make your facilities available for support. For example, at this time, many printing shops and internet cafes are shut due to the pandemic. Therefore, pre-granting access for your employees to use your scanner, printer or work phone for their application may aid their progress.
Finally, although it is not standard procedure, if the employee requires any documentation to support their application then provide this in a timely manner; holding this process up will cause additional stress for the employee, distracting them from their work and prolonging indecision.
The uncertainty formed in the last few months has had an impact on everyone. However, we must consider those who experience further doubt about their rights within the country compassionately.
Managing stress and keeping a close eye on employees is essential at all times. Look out for key indicators of deteriorating wellbeing, such as:
- Reduced engagement
- Missed deadlines
- Lower morale
- Increased tiredness
If you notice a significant shift in their wellbeing, it may be time to check in; look out for tell-tale signs of poor employee mental health and be ready to act.
Where possible, refer employees for additional support and be compassionate towards their situation. It may be worth considering ways you can support employees with stress outside of work with flexible working, duvet days or even a shift in the workplace culture.
The charity MIND has some great, free resources to help individuals manage stress – at work and home. Could sharing some of their best resources equip your taskforce with more resilience?
Considering your current employees is a great first step, but what about future employees?
If you are planning on recruiting before the settlement deadline, it’s important that you don’t sit on your hands.
Speeding up your recruitment process will allow your business to:
- Beat the deadline;
- Widen your search for talent;
- Allow the successful candidate (if from the EU) to apply for settlement status in time.
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”.
That means that you cannot make an offer of employment, or continued employment, dependent on an individual having made an application. However, consideration should not stop here; ensure you address workplace discrimination at all levels for a safe working environment for all.
- Checking your processes and procedures for bias
- Educating employees on how to report discrimination
- Including EU citizens in your diversity reports
- Reminding employees of the fine line between ‘banter’ and discriminatory harassment
- Ensuring you have the processes in place to address hostility appropriately
Right to work checks:
It has been confirmed that there will be no change to right to work checks until 1 January 2021. That means that job applicants can continue to prove their right to work using any of the following:
- their valid passport or national identity card if they’re an EU, EEA or Swiss citizen
- their valid biometric residence card if they’re a non-EU, EEA or Swiss citizen family member
- their status under the EU Settlement Scheme using the Home Office’s online right to work checking service.
You will not be required to undertake retrospective checks on existing EU employees. Therefore, changes will only apply to applications in the new year.
For more information, read the official right to work checklist here.
For official support on how employers should support the EU Settle Status scheme, GOV have created an ‘employer toolkit’ here.
However, if you require expert HR support and consultancy, please get in touch.
Businesses are facing many challenges right now as they seek to recover from the shock of the pandemic, recover as best possible and plan for rocky tides that lie ahead. However, perhaps one of the most pressing challenges for businesses post-lockdown is about being lean but not mean.
What am I trying to say?
I am talking about balancing cashflow and the affordability to resource with customer and employee satisfaction.
Many business owners have had staff on furlough and are trying to get the timing right in bringing those staff back to work, whilst others are debating how much temporary resource they might need and when.
How does this impact Customer Satisfaction and Employee well-being?
Two examples I have seen this week…
I am currently going through a house purchase. Our buyer changed solicitor mid-way through the process as the firm had furloughed so many people, he couldn’t get the service he needed.
A client of ours was telling us about her husband who is being asked to carry the work of his department of three; to achieve this, he’s having to work twelve-hour days to keep up. The firm can then maximise their use of the furlough scheme.
In both of these examples, the firms are clearly trying their best to manage cash to preserve their future.
However, the outcome is not good for the business with the first example meaning the solicitor lost the work. In the second, the employee, who is already drained after everything we have all gone through in the last few months, due to worries about job security, is sadly expected to accept this increased workload.
What can you do to get it right?
Plan, plan, plan
Of course, no-one knows what the future holds right now and what the recovery will look like, but you still need to try. Doing so will help to estimate the optimum time at which you will need more resource. My advice; –
- Make your best estimate on what income will look like
- Assess the staffing capacity you need to service this well
- Understand the trigger points in advance on when you need to bring the additional resource into service customers and ensure employee well-being.
Consider Capacity requirements
If you have used the furlough scheme, take advantage of its flexible nature. Remember, you can bring people back on any working pattern now so assess what is right for you.
Consider: is it more efficient to bring people back for one day and get everything done for the week ahead or is a few hours per day more appropriate?
If you use any temporary or outsourced resources, talk to them. Make the situation collaborative and discuss what you need, try to be flexible to ensure they can perhaps top up with work from other sources.
Once you’ve looked at what income you might get, and the resource required then look at your cashflow.
- What does that mean for you as a business?
- Do you need additional funding to get you through the next few months?
The balancing act
It is very hard being a business owner right now.
We are all trying to manage cashflow as best we can in uncertain times. A little bit of planning will ensure you can look after your employees, your client and your bank balance.
Be lean but don’t be mean.
About Helen Fleet
Helen Fleet of HF Financial Strategy works as a Finance Director and guides companies in delivering their financial and business objectives. These can include cashflow planning, pricing reviews and ways to improve profitability.
Follow Helen on LinkedIn here.
According to Lauren Turner in her BBC article https://www.bbc.co.uk/news/world-us-canada-50266957 shared by the wonderful Alex Stephany CEO at Beam https://beam.org (a crowd funding platform to help homeless people into work) kindness helps us all to live longer.
Mr Daniel Kessler who heads up the UCLA’s Bedari Kindness Institute (funded (to the tune of $20 million) by very kind people Jennifer and Matthew C Harris) says
‘Kindness, is “the thoughts, feelings and beliefs associated with actions intending to benefit others, where benefiting others is an end in itself, not a means to an end”.
And unkindness, on the other hand, is “intolerant beliefs, the lack of valuation of others’ welfare”.
It got me thinking, if I am to live a long life I must consciously try to be kinder, then companies could last longer if they were kinder too, after all a company is made up of its people right!
So, how better to be kind folks, than to look after your people and genuinely care about them. That’s why I am providing you with a Wellbeing policy for free (how kind is that) to show your people that you genuinely care.
Kindness should never be seen as a weakness.
15.1 million women are at work in the UK. So it’s safe to assume that at some stage in the next 20 or so years those 15.1m women will go through the menopause in the workplace. That’s an awful lot of people who are absolutely guaranteed to go through a fairly seismic shift in their lives. Learn more about managing the menopause in the workplace and download our free Menopause HR Policy.
Menopause in the Workplace
We hear a lot of talk about millennials and their issues, but consider this, a huge proportion of the workforce at any given time is going through a massive physical and physiological change and no one wants to talk about it much less do anything about it.
99% of businesses in the UK do not even have a menopause in the workplace policy, they have Well-being policies sure but nothing not a jot, iota or mention of what perhaps 10% of their workforce is going through and 50% will face at some stage in their lives.
We all have mothers, sisters, friends, wives, girlfriends, work colleagues, so it’s safe to assume that all of us know someone that is going through this right now – silently, alone and totally ignored.
The average age for women to go through the menopause is 51, (some go through it much earlier, some later), it can last up to 7 years, yes you heard right, 7 long, upsetting, draining, weird years. Symptoms include interrupted sleep, hot flushes, night sweats, night terrors, weight gain, irritability, mood swings, depression, general malaise, brain fog and a lot more I won’t mention – in short, a fairly miserable set of symptoms.
With the skills shortage in the UK we will all have to work a lot longer (up to 70 and beyond) as we have diddly squat in pensions. But yet, not yet halfway through their working lives, a huge proportion of women are going through the hell that is the menopause in the workplace – unsupported.
Do you have a Menopause Policy?
Recently I’ve written a Menopause HR Policy, to help all employers and I mean ALL employers deal with this issue. Include it in your wellbeing policies, have it as a stand-alone, it’s as important as your maternity policy. You can download it below for free. So employers start preparing and start by buying fans!
Download your Free Menopause in the Workplace HR Policy
Also check out www.megsmenopause.comh
I recently came across Cathartic – an online platform where you can confidentially share any issues or problems you have in your personal or professional life safe in the knowledge that it is completely anonymous. I spoke with founder and owner Neil Chandler about what inspired him to create the site and his hopes for it going forward. I think its a great tool for HR managers and employers out there to enhance their employee wellbeing and engagement offering.
What inspired you to create Cathartic?
I want to help the people who slip through the cracks. With Social media we are all very public about our lives but all to often we avoid the issues that are hare to talk about, Cathartic is a place where anyone can say anything, with complete anonymity. So far we have posts covering just about every subject, Mental Health, Abuse, Addiction, etc.
Over the last last 17 years I have predominantly worked for FTSE100 companies as a Technical Solutions Architect.
I am now the founder of Cathartic.co a non profit social enterprise that encourages self expression for mental well-being. After seeing various friends struggle with addiction and mental health issues, I decided to do something to try and help improve mental health awareness and provide a platform of expression for those struggling alone.
Users can share their thoughts, fears or entire story in a safe place designed to help. Self expression has proven benefits for mental well-being and many people are unable to fully express how they really feel. Cathartic.co is changing this. No problem is off limits; stress, depression, mental health, relationships, work or even political oppression have all been discussed on Cathartic.
Cathartic.co was designed with anonymity as its core value. No personal details are stored, all IP addresses are masked and even cookies are destroyed as soon as the session is closed. It is this robust anonymity that is allowing people who were previously hesitant to discuss their problems, fearing identification or stigma, to feel confident enough to fully discuss any issues that are on their mind. The need for anonymity is taken very seriously and a Darknet portal is provided for those who wish to use another layer of anonymity, thus allowing technology previously used predominantly in illegal activities to be deployed in a positive and empowering way.
What does Cathartic do?
We let people tell their story in complete anonymity, once a story is shared we then scan and present a list of relevant people who can help.
How can a person access Cathartic?
A member of the public can just goto https://cathartic.co from there you can read or write stories. It’s designed to be as simple as possible, works on mobiles, tables, etc.
Within an orginisation we create a custom link, this goes to a private version of cathartic, it can be cases from anywhere but all posts are 100% private.
How would it benefit employers?
We offer a safe place for employees to talk about issues,
Why do you think employers might be interested in it?
We can increase employee engagement and give anonymous statistics of issues within their organisation, most importantly we protect the employees so they have a safe place to talk to HR and Compliance.
How easy would it be to integrate onto a companies intranet?
It takes us 10 minuites to get everything up and running, from there you just share the link with your employees.
How confidential is it?
100% from the ground up Cathartic has been build to be anonymous. In addition security is key, everything is encrypted with military grade encryption, we also give the customer control of the data, if they choose to purge a story it’s impossible to recover.
What are your plans for the site?
We just want to grow, we are working with a highstreet bank and a new product will be released shortly. In addition we are looking to partner with an organisation who can greatly increase the levels of support we can offer to the public.