Tag Archive for: Northern Ireland

Brexit Guide for Employers in Northern Ireland

Brexit came into force on 31 December 2020, so this Brexit Guide for Employers in Northern Ireland is essential reading.

Brexit means that free movement of people has ended in the UK. This will impact on your business if you currently employ employees from EU member states. It will also impact on future employment of such individuals.

Using this Brexit Guide for Employers

This Brexit Guide for Employers flags up the key issues your business now faces. These include understanding your EU employees’ status, their right to work and your duty as an employer.

This guide offers tips on dealing with these key issues advise you on how to deal with them. We also have some useful links below guiding you to other resources to help you.

Your EU Employees

Europeans living in the UK on, or before 31 December 2020, may retain the right to work in the UK. However, to qualify, the employee must apply for settled status, under the EU Settlement Scheme. A ‘grace period’ exists for this –  EU nationals have until 30 June 2021 to apply.

Anyone who is granted settled status is permitted to continue working in the UK beyond 30 June 2021. European nationals who arrive in the UK after 31 December 2020, will need a visa, to work in the UK.

If your employee has been a resident in Northern Ireland, before 31 December 2020, they can continue to work for you. To qualify for this, you need to have completed ‘right to work’ checks.  These checks involve verifying the employee’s identity by inspecting official documentation, such as their passport. You then retain copies of this documentation on file. See further details on ‘right to work’ checks here.

Your Duty as an Employer Under Brexit

You should advise all EU national staff of their requirement to apply for settled status by 30 June 2021. However, ultimate responsibility lies with the employee – they must apply, themselves. Applications can be made online.

Displaying posters in your workplace, stating how staff can make their applications is sensible. You may also wish to offer support to any staff who need it, regarding PC access and skills.

Brexit Right to Work Guidance

Until end of June 2021, employers carrying out work checks on European nationals, can accept an in-date European passport. Employers can also accept a valid national ID card, as proof to right to work. If a person is granted settled status, this can be accepted as proof.

A right to work check based on a European passport, gains a statutory defence against illegal working.

Employers found to have staff working for them, who do not have a legal right to work, can be fined. The fine can be up to £20,000 PER illegal worker.

Cross-Border or Frontier Workers Under Brexit

Frontier workers are cross-border workers. A frontier worker in Northern Ireland is an EU National employee who resides in ROI, but works in Northern Ireland. They return home at least once a week.

Under the new regulations, frontier workers must hold a frontier worker permit to enter the UK for work. This comes into effect from 1st July 2021 but DOES NOT APPLY to Irish citizens.

About Frontier Workers’ Permits

Here’s a short summary of how the system works:

  • The worker applies for a frontier worker permit
  • A permit lasts for 5 years and belongs to the employee. They can switch between employment.
  • You can apply for a frontier permit online. It is a free application, up to 1 July 2021.
  • Irish citizens do not need to apply for a frontier permit.

Points Based Immigration System under Brexit

Under the points-based system, UK employers will need to be a registered sponsor. See details here on how to apply for a sponsor licence. This enables you to recruit new employees from outside the UK. EU, EEA and Swiss citizens planning to work or study in here, will need to apply through the points-based system.

Irish citizens will continue to be able to enter the UK under the Common Travel Arrangement. They are not required to apply to the EU Settlement Scheme or under the new points-based scheme.

Non-Irish EU citizens, living in the Republic, who wish to work cross-border, will need to apply to the points-based system.

Recap of Next Steps for Employers under Brexit

  1. Ensure employees are aware of the EU Settlement Scheme – target your communications to encourage them to apply.
  2. Continue to use the same ‘right to work’ checks until 30th June 2021.
  3. Employers are not expected to check if the employee has applied to the settlement scheme. It is your duty to carry out appropriate checks, in line with your recruitment process, when an employee is appointed. It is the employee’s responsibility to apply for settlement.
  4. Allow appropriate time to act, if intending to be a sponsor.

 

Useful Links

 

Intertrade Ireland

If you require any assistance with your HR requirements, we are more than happy to help, contact Julie Pollock on 07858089006 or e-mail julie@consulthr.co.uk

Disclaimer: This article is intended to provide you with general information on the EU Migration Scheme.  You should take professional advice prior to making any decisions in line with this guide.

Restructuring Your Business in the Pandemic

Covid-19 remains the greatest challenge for many companies, as cases rise dramatically, and restrictions tighten, during this second wave. Unfortunately for many, restructuring your business may be the only option to stay afloat. 

As the end of 2020 draws near, there remains no vaccine. It appears that society and the economy will be deeply affected for some time. If you have not already thought about restructuring your business, now is the time to do so. Restructuring can be a way to be future-proof on profit. 

Consult HR are here to provide some guidance on navigating the challenges.

How to Assess Your Restructuring Needs

Before you start, you need to know where your business is going under restructuring arrangements. What areas of service or production are you concentrating on? What areas are you cutting? Which staff do you need to retain? Where do you need to cut back? 

You may need expert HR advice at this point, to ensure that you are taking the correct strategic approach.

Restructuring and Redundancy Procedures

The other thing you need to take into account, is that there is a strict regulatory framework to follow. For example, there are statutory consultation periods (depending on the number of redundancies being made) and procedures to be followed.

Many employers think they can ‘hand pick’ employees they are considering making redundant – it is not that straightforward.  Whilst you will be able to justify that you need to make redundancies, the selection process needs to be fair.  This is critical to whether you will win or lose a case in tribunal.

You may face extra penalties if these are not followed correctly, so expert HR advice is essential to protect your business. Find out more here about Consult HR support for restructuring and redundancy. 

A man in a blue shirt signing important documents at work

Pandemic Restructuring & Communication

Restructuring a company is not an easy or pleasant task. It involves difficult decisions and conflict. Management will of course feel anxious about making cuts. 

Staff are individuals, with their own challenges and anxieties, during this pandemic. If a company keeps this in mind, then the process is likely to go much more smoothly. 

Management should communicate well with each other about proposed plans, and final decisions. But management should also communicate with their staff, about such huge changes. 

Recently, Cineworld decided to lay off up to 5500 workers. Staff did not know of this decision, until it was reported on by the media. This is an example of how NOT to manage lay-offs. Staff should be informed of crucial decisions BEFORE they are made. This will go some way to reduce conflict and uphold morale. 

HR professional advising clients

Photo credit Tim Gouw @unsplash

Restructuring and Equality

Another key area in restructuring and redundancies is the issue of fair redundancy selection criteria. You may think it makes sense to select workers close to retirement age or the newest recruits to the company. However, companies should always bear in mind their obligations around Equal Opportunities. 

Age is a protected characteristic under the law. If your older staff are the only ones to be made redundant with no clear justification, this could be costly. A company could find themselves being taken to an employment tribunal and paying compensation (which unlimited in discrimination cases). This also causes damage to reputation.

When making redundancy decisions, management should aim to maintain a diverse workforce, retaining their strongest people to support their business. Consider knowledge and skill set. Long standing employees may have shown loyalty, but newer recruits may bring innovation. The selection process should consider the skill set, knowledge and expertise, for the long-term future of a business. 

A woman sits on a chair, on her laptop, smiling

Consult HR Help for Restructuring and Redundancy

Restructuring a business and making redundancies, is one of the most stressful processes a business, and management can go through. It is crucial that restructuring is well thought out, and carefully planned.

For bespoke guidance on restructuring your business, contact Julie Pollock on 07858089006 or email julie@consulthr.co.uk 

 

Visit our website here: www.consulthr.co.uk 

 

How to Manage Your Staff Remotely

Fresh concerns and restrictions over the spread of Covid-19 may mean that you now manage more staff remotely again. Even with some office-based work, most managers will still be working virtually with many of their team.

In our experience, many offices are working on a hybrid basis. This involves staff spending a day or two in the office and the rest of the time at home. This reduces the amount of interaction but also removes the feeling of being isolated. In addition, it allows for those essential team meet-ups to discuss key work duties. And, it enables teams to have those face to face chats that are difficult or not as effective virtually.

 

Whatever formula you are using, you still need to brush up your remote management skills.  Consult HR are here to help you out with a quick look at some of the key areas and some tips for making things easier and more effective.

 

Communicating with Your Remote Staff Team

Online meetings and communication are crucial to the success of managing a remote working team. You should stick to normal meeting routines, such as daily or weekly team meetings. Just switch to online platforms like Zoom instead of face to face. You may feel all Zoomed out, but the platform’s popularity means people are familiar with its use.

If you need more specialised or secure platforms, research the best options for you and your business.  But don’t forget, everyone needs to be able to access it and use it. Team members may have

If you were in the habit of one-to-one discussions with individual team members, keep this up too. Use video calls or phone calls in preference to email, text or online chat for these kinds of chat.

If you need an open platform for team chats, then make sure to agree a platform that suits everyone. For example, WhatsApp is popular but it can be easy to miss key messages if you are in too many chat groups. Consult and agree the best choice for your team.

But also try to avoid communication overload too as this can be a real drain on team energy. This may mean putting limits on chats, out of hours emails or texts, encouraging people to use meetings more effectively and using online project tools (see below).

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Tools and Equipment for Staff Working Remotely

Make sure staff have access to the equipment they need to work remotely. They may need a better laptop or office chair.  There may be IT or security issues with accessing central data. Talk to them to find out what they need to work better from home.

Tools like Trello and Asana can help with team project work. Find out more about top online tools here.

Measuring Staff Activity & Productivity

Don’t automatically assume your staff need to be under your eye to work effectively and productively. Some of your team may enjoy the flexibility that remote working offers and this can enhance productivity.

Some staff may need this flexibility if there are small children at home. For example, they may prefer to start work earlier and work in the evenings. Work around this if you can and where it works for your team and business. If there are limits to the flexibility you can offer, then negotiate an agreement that will work for the team.

Use meetings to get feedback on how work is progressing. You can also use tools from Excel sheets to Trello boards to monitor tasks and progress. If you feel someone is not pulling their weight, don’t let it slide. Have a one-to-one chat and express your concerns. If there is an ongoing performance problem, then you may need to use disciplinary procedures. But make sure to get HR advice to ensure you comply with the regulations.

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Mind Mental Health

Remember the obvious – we’re all in the middle of a crisis with the Covid pandemic. You need to be mindful of your own mental health and your team’s. You or any of your team may have serious concerns about older relatives, vulnerable children, or loved ones with immune problems or who are ill.  Some may be dealing with bereavement or isolation.

A team that works well together remotely can also be a supportive team, for you and for them.

For information or advice on managing staff remotely, Contact Julie Pollock on 07858089006 or email julie@consulthr.co.uk.

Visit our website here: www.consulthr.co.uk