Aycliffe Today Business Aycliffe Today Business Issue 38 | Page 21

The magazine for Aycliffe Business Park | 21 Endeavour launch Brexit Assurance Audit Just as the UK and the EU are stepping up their preparations for Brexit, so too should businesses. A s the deadline swiftly approaches, and due to the level of uncertainty around the final withdrawal agreement, it is vital from a corporate governance and risk management perspective that businesses should carry out a Brexit assurance audit. This will aid businesses in identifying Brexit-related risks, and where possible, shine a light on the steps to take in response. In addition, the Brexit assurance audit will assist businesses in identifying opportunities that are there to take advantage of. We look at a wide range of areas within a business, for example, the ability to operate in key markets, corporate restructuring, contractual consequences, the workforce and business immigration. Workforce Audit considerations Looking at the workforce and business immigration elements, many of our employment laws have derived from being a member of the EU. For example, Working Time Regulations, Agency Workers Regulations, discrimination under the Equality Act, holiday pay, collective redundancy consultation and TUPE etc. Currently we are also bound by case law decided in the European Court of Justice. In relation to the free movement of workers, EU citizens are currently allowed to live and work in the UK. Going forward, what will happen? Deal or No Deal: Employment If there is a deal, there are no immediate plans to change UK employment law. Employment law derived from the EU will also not change on Brexit unless and until it is amended by Parliament, which is very unlikely to be on its list of priorities or politically desirable. The pipeline of EU law into UK law will be broken, but the government has confirmed that the UK will seek to keep pace with future EU employment law through separate arrangements and that Employment Tribunals will still consider EU case law. If there is no deal, there will be little immediate change but as time progresses the UK will potentially have the freedom to implement whichever employment laws it chooses. During the audit we consider recent developments in employment law and assist businesses in ensuring they are compliant and up to date with UK and EU employment law Deal or No Deal: Immigration If there is a deal the free movement of EU workers will continue until January 1 2021. Thereafter, highly skilled workers will be prioritised, and it has been suggested that the Tier 2 Points Based Immigration System will be adapted and expanded to apply to EU and non-EU migrants alike, allowing more highly skilled individuals to be able to live and work in the UK. In the event of a no deal Brexit, free movement of workers could end as soon as March 29 2019, although EU citizens in the UK pre-Brexit will most likely be able to stay and work in the UK. The position for EU citizens arriving post-Brexit under a no deal is uncertain. Part of our Brexit assurance audit would be working with your business to: • Collate all current right to work checks on your workforce, with a view to refreshing these as step one in preventing your business being prosecuted for illegal workers. • Understand how many EU citizens you employ and what rights they have accumulated to remain in the UK. • Proactively explore pre-Brexit citizenship for qualifying EU nationals, including completing indefinite leave to remain applications and introducing employee support programmes to assist in securing settlement at Brexit or during the transitional period. • Inform the business on future immigration requirements and how to continue offering a role to a workers from overseas • Assess whether you need to recruit from a wider talent pool, seek to retain key employees by ensuring your business is the favourable place to work or reduce the workforce in order to minimise risks. There is no doubt Brexit is creating a plethora of questions and the need for reviews and pre-planning. Undertaking a Brexit assurance audit is a proactive and sensible way to identify areas of risk and to consider contingency plans and find new opportunities for growth and profit. Endeavour Partnership will help steer your business through the new employment landscape being carved out by Brexit, whether it’s deal or no deal. Laura Kirkpatrick Associate, Endeavour Partnership [email protected] | 01642 610335 | www.endeavour.law/brexit