Payroll & People

Within the payroll fraternity there is much speculation about what might happen if we leave the EU without a deal.  The checklist below is what has been published in respect of employing people to work abroad, or coming from abroad to work in the UK.  There are of course some other considerations for those employers paying people in other countries.  One such consideration is how employers will process payments to their employees. 

Payments

Currently the UK is a member of the Single Euro Payments Areas (SEPA) and means payments processed for overseas employees are similar to the UK - this will end if nothing agreed so leaves some important questions around how payments will be made.

Employment Laws

Three years ago the main concerns were about the impact on employment law within the UK.  However, as the Government set about, early on to include the existing employment law in any legislation specific to the UK, we don’t expect to see much change in this area.  In fact lately there has been even more consultations around employment rights such as a review on Statutory Sickness Pay, Parental leave extensions etc.

General Data Protection Regulations (GDPR)

In addition the General Data Protection Regulations (GDPR) will also remain in force as they stand now.  This does at least mean when we are exchanging data with other EU countries we should meet their data needs.  I will add a caveat to this however, in that the EU does state that when dealing with third countries the data flow must be adequate; we await the definition of what adequate means.  I would hope however, that as comply with what the EU agreed we should be fine!

Disappointingly however, the new De-Minimis Aid (what is now employment allowance) will continue to be calculated in Euros!  Not sure how or why this is, if and when we leave the EU, with or without a deal! 

Come back soon ...

Look out for more information on this subject to follow soon.u. 

Brexit Checklist

UK Citizens working or attending work events in the EU

  • UK Passports – must have 6 months left and not be older than 10 years
  • Driving Abroad – apply for a Green Card, GB sticker and perhaps a permit depending on the country (doesn’t apply if hiring a car)
  • Ensure adequate Travel Insurance as EHIC scheme will no longer apply
  • Check if a VISA required for longer business trips e.g. 180 days or more
  • Data Roaming – Free data roaming will end so ensure new data packages will meet requirements to avoid unnecessary charges
  • Taking ‘Goods’ into the EU? Sales people may need to apply for declarations
  • Social Security/National Insurance payments – check rules in individual EU country you are working in as may need to pay there and in the UK.
  • Pet travel (assuming pets taken for secondment) – current pet travel scheme cannot be used and new rules apply which can take up to 4 months to process.

EU Citizens working in the UK

  • Irish Citizens will be unaffected by changes
  • EU Citizens working in the UK pre Brexit can apply for the EU settlement scheme if they wish to continue working in the UK
  • Once we exit the EU Free movement will end but transition until 1.1.2021 will allow work for 3 months or less without any status application, any longer than 3 months, workers will need to apply for temporary leave to remain (family can apply for this too and work if granted) and will allow work for up to 36 months but any more than 36 months the new immigration system will apply
  • There is no responsibility on the employer to sponsor or pay for any applications and no retrospective checks will be required, nor will the employer be expected to ensure the individual leaves the UK
  • As long as criteria met the UK will not require UK National Insurance if paying in home country