European Union: Blurred Vision: A Closer Look At The Issues Surrounding The Hospitality Workforce Post-Brexit

Last Updated: 20 November 2018
Article by Jacqueline Moore and Gillian Moore

With statistics showing that around 15% of the hospitality workforce is made up of EU nationals, it is unsurprising that the immigration implications of Brexit are a real hot topic for the sector. In this feature, Jacqueline Moore, our Head of Immigration, and Gillian Moore, Employment Law Associate, guide us through some of the immigration hurdles hoteliers face in relation to their current and future workforces in an ever-changing, mid-Brexit UK.

Impact on future workforce

The recently published report of the Migration Advisory Committee ('MAC') confirmed that, if Brexit results in an end to the free movement of people, it sees no benefit in a preferential system for EU citizens. Further, it recommends against the introduction of schemes for low-skilled employees. The MAC's view is that there is no need for such schemes as there is already a sufficient pool of low-skilled workers in the UK – a statement employers in the hospitality industry, who are already facing labour shortages as a result of Brexit concerns, are sure to disagree with. It is difficult to see where hotels are going to source the labour to meet their operational needs following Brexit, a situation that is only compounded by the additional challenges of low unemployment and the 'job' not 'career' mentality across UK hotel workers.

While the sector may welcome the proposal to lower the skill level required for a Tier 2 visa – thereby expanding its reach to a much wider skill base that is likely to include hotel managers – it is also recommended that the minimum salary for such workers remains at £30,000. Hotel businesses that could benefit from the lowering of skill levels will no doubt be concerned about the viability of meeting these salary thresholds, in addition to the costs of the visa process, which include an Immigration Skills Surcharge (ISC) of £1000 per worker per year which must be borne by the employer.

The abolition of the costly and time-consuming 'Resident Labour Market Test' and removal of the cap on Tier 2 workers coming to the UK may furnish the silver lining for hospitality employers providing attractive and newly more-accessible employment opportunities to candidates from across the globe who can afford to bear the cost of the visa process.

Impact on current workforce

Earlier in the year, employers welcomed the clarity supplied by the Government in its announcement on the status of EU workers post-Brexit. With a clear 'keep calm' message, we were reassured that:

  • EU workers would not be required to leave the UK on Brexit;
  • those who had lived in the UK for 5 years or more would be able to apply for 'settled status' in order to stay and work in the UK indefinitely; and
  • those who had lived in the UK for less than 5 years would be able to apply for temporary 'pre-settled status' allowing them to remain in the UK while they acquired the necessary 5 years residency to qualify for settled status.

We were given further reassurance that there would be a low administration fee (£65) and that there would be no need to rush to secure status once the new system was launched, as there would be a two-year transition period beginning on 'Brexit day' – 29 March 2019. All indications have been that this settled status scheme will be implemented regardless of the overall Brexit deal.

So far so good...

However, proving the point that things will keep moving until the music stops, the Immigration Minister announced on 30 October that employers would be required to carry out 'adequate rigorous checks' on all EU nationals in the event of a no-deal Brexit, but that the government is not yet sure what these checks will involve. It is unsettling that the government has not confirmed that an EU passport will be sufficient to satisfy an employer's 'adequate rigorous checks'. If a passport will not be sufficient, and the checks will involve confirming 'settled' or 'pre-settled' status, this has the potential to throw the settled status scheme up in the air. While we have been reassured that the scheme will apply in a no-deal Brexit scenario, the scheme will not be able to register the estimated 3.3 million EU nationals before Brexit to allow employers to satisfy their checks. The scheme is not yet open, and when it does open we expect it to be overwhelmed by an avalanche of applications. We hope that further clarification on this, and an update on the scheme launch date, will follow swiftly.

In the meantime, we are advising hoteliers:

  • to audit their workforce: have a clear understanding of how many EU nationals you employ and who they are;
  • to stay on top of developments: things are moving quickly so it is important to stay informed, particularly around key dates (such as the opening of the settled status scheme);
  • that good communication with employees is essential: talk to staff, let them know you're on top of this issue through regular updates/bulletins, invite them to talk to you, and give what reassurances you can;
  • to consider how you may wish to support staff through the settled status application process, perhaps assisting with the fee or providing support with the application itself; and
  • to review their current 'right to work' practices for non-EU nationals: ensure you are adopting best practice and are equipped to deal with more checks if/when these are required for EU nationals.

This is a difficult time for EU workers, their families, and their employers, so it is important for employers to communicate well with their staff. Our immigration specialists and expert Brexit advisers have been providing extensive support to a number of organisations in the run up to Brexit, and this has included group sessions and one-to-one sessions with EU staff. Our team would be happy to discuss requirements with you further.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions