News added on 10.02.2020


Foreign workers

EU Settlement Scheme: employer toolkit

Now that the UK has left the EU, the government has published a new toolkit for employers to make it easy for you to provide clear and accurate information on the EU Settlement Scheme to the EU citizens and their family members you employ. What does the toolkit contain and what is the essential advice for employers?

The toolkit contains various useful resources covering the key elements of the EU Settlement Scheme, including:

  • a template letter you can circulate to EU citizen employees (including EEA and Swiss citizens)
  • a Powerpoint presentation you can use to introduce the EU Settlement Scheme to EU citizens
  • a fact sheet and a leaflet which you can either print for EU citizens or share digitally - it’s suggested you could circulate these in hard copy via desk drops or in your communal areas or you could share them digitally via email
  • an A3 poster which you can display in communal areas in the workplace.

The fact sheet and the poster on the EU Settlement Scheme have also been translated into 26 EU languages, for those with a limited understanding of English. Again, you can print these or share them digitally.

EU citizens and their family members need to apply to the EU Settlement Scheme to continue to live and work in the UK and the deadline for applications is 30 June 2021. Whilst there’s no legal obligation for you to communicate the EU Settlement Scheme to your staff, you may wish to direct them to the information that the government is providing. However, it’s their responsibility to make an application to the EU Settlement Scheme, not yours, and indeed there’s no requirement for them to inform you that they’ve applied. Likewise, you don’t need to check that an employee has applied, and you can’t make an offer of employment, or continued employment, dependent on someone having made an application.

As far as right to work checks are concerned, there will be no change until 1 January 2021 and prospective employees who are EU (including EEA and Swiss) citizens can prove their right to work using their valid passport or national identity card. If they’re a non-EU family member, they can use their valid biometric residence card. EU citizens and their family members can also prove their right to work using their status under the EU Settlement Scheme by using the Home Office’s online right to work checking service. A new immigration system, with new right to work checks, will apply to individuals arriving on or after 1 January 2021.

The toolkit contains a template letter, presentation, fact sheet, leaflet and poster and some of the information has been translated into 26 EU languages. Whilst you’re not legally obliged to communicate the EU Settlement Scheme to staff, the government suggests you may wish to do so. However, it’s the individual’s obligation to apply to the scheme and they don’t need to tell you whether or not they’ve done so.

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