Once Brexit negotiations are completed people from an EU member country may see their right to work removed here. So, can you reject a job application now based on the fact that may happen?
Business as usual
In all aspects of business, including recruitment, until the details of our departure from the EU are officially agreed, it remains business as usual. Therefore you can not reject a job application due to it being from an applicant from another EU member state, or ignore any EU-derived employment rights or laws.
Whilst the future still remains unclear as to what the final agreement will be, and how employment rights will be affected, using nationality as grounds for rejection at this time would be considered discriminatory.
If you would be interested in learning more or having a review of recruitment process or interview skills, we would be happy to provide the HR support that you need. We would love the opportunity to work with you and share our expert HR experience to help you achieve the results you need. Call on 01473 360160 for a chat about how we can support you.
Here’s our blog launched shortly after the referendum result…
BREXIT and the Employment Law Consequences, 10th July 2016
In what is likely to be the most significant political decision in a generation, the United Kingdom has voted to leave the European Union by a margin of 3.8%. What will it mean for employment law in the UK?
In the immediate short term, nothing will change. The withdrawal negotiations are likely to take years, with the status quo largely expected to remain intact during this period. Under the Treaty on European Union, the process for withdrawal can take a maximum of two years, and due to the complexity of the break, it is possible that even this deadline will be exceeded.
What happens following the exit is uncertain at this stage, but will turn on the type of relationship that the UK has with the EU following our withdrawal. In some instances UK employment law exceeds the minimum standards expected of EU employment law (such as maternity rights); in these areas it is unlikely any change will occur.
In areas where EU law forms the backbone of our national employment legislation, it is more likely that the government will tweak legislation, rather than overhauling it completely. Workers’ protection afforded by TUPE and the Working Time Regulations, for example, has become the norm in UK employment law, and it would be controversial if the government sought to remove such rights completely.