REPORT: BREXIT BEGINS
30 INSIDER March 2020 http://www.insider.co.uk
always led to good environmental
practices and farm businesses are less
efficient as a result. Leaving the EU is
therefore an opportunity to re-focus
UK agricultural policy.”
Ben Doherty, head of employment
law, and Kate Wyatt, partner, at
law firm Lindsays, say in a paper:
“Post-Brexit more employers are
likely to need to grapple with the
complexities of immigration law
and the importance of getting right
to work checks correct – initial and
refreshed if needed – and addressing
continued workforce demands where
there is uncertainty.
“There may also be a need to
consider getting a sponsor licence
in place if staffing needs can’t be
met with the UK workforce or by
targeting returners. The nature of the
changes employers will need to make
in the future will depend on the type
of immigration system put in place.
“Figures from the Scottish
Government show that up to five
per cent of the Scottish workforce is
made up of EU nationals, totalling
141,000 people in 2018. In addition,
more than half of private sector
employment is provided by small and
medium-sized businesses.”
They say that agriculture, food and
drink and life sciences are sectors that
will be most affected by the lack of
EU workers.
They also point out that as
employment law is repatriated,
terms and conditions of employees
will have to be decided on by this
and future UK Governments. They
say that areas where there potential
changes are anticipated include
the 48-hour working week and the
calculation of holiday pay.
Other areas for business where
the UK Government will need to
decide to maintain the standards
of Europe or diverge in future
include compensation awards in
discrimination claims; harmonisation
of terms after a TUPE transfer, the
process whereby a business changes
owners; health and safety regulations;
and, data protection.
Doherty says: “We’ve been part of
the European Union for decades and
so it’s only natural that people would
start to be unsure of which laws are
made in Europe and those made here
in Scotland and the UK. Many of the
laws that affect our everyday lives, in
that they impact upon our workplace
and our positions as employees,
originate in EU law and so the
UK Government will have to
make a decision as to whether it
chooses a different direction than
the status quo.
“It’s equally important that both
employers and employees are aware
of what the potential changes might
be, as they often aren’t immediately
obvious. Things like holiday payand parental leave, which we take
for granted, could change, which
will have a significant impact on the
workplace. Many SMEs will not have
large human resources departments
so it’s important businesses keep an
eye on these areas so they can adapt if
necessary.”
Wyatt says: “With the first phase
of Brexit behind us, many planned
changes to employment law held up
by a lack of parliamentary time will
start to come through.
“From April this year, there will be
a host of new rules, including paid
bereavement leave and we expect
the government to introduce more
dynamic policies on flexible working.
Requirements to offer flexible
working could bring a significant
cultural shift to the UK workplace,
and could require businesses to
really adapt their way of working to
accommodate new law in this area.
“Other areas we are expecting
to see some change include the
extension of protection from
redundancy for returning parents
and the right to request a more
predictable contract. These are all
areas which will have a tangible
impact on the day-to-day running of
many businesses in Scotland so it’s
important they remain alert.” ■Looking back it’s easy to be
critical of the system but it was
designed to provide affordable food
and to sustain rural communities
Clive Phillips, BrodiesIN FOCUS: Customs course
The Institute of Export & International Trade is offering a new
Post Brexit Planning and Compliance course for which there is
UK Government funding. It said that Scottish businesses can
get training in key Customs processes which it urged them
to do prior to the expected transition end date of the end of- More information is available at https://www.export.org.
uk/page/customsgrants