Deal or no deal: What operators should be bearing in mind in the event of a no-deal Brexit
With the Brexit negotiations still apparently ongoing, the prospect of the UK leaving the European Union with no deal in place seems to increase by the day.
Although many transport businesses don't have the dilemma of whether to relocate to an EU member state, they still need to consider the practical impact of a no-deal Brexit on their staff and ensure that they have a workable plan in place rather than being forced to respond to events. It may be helpful to engage trade unions or workforce representatives in some of this planning, as clear communication with staff is likely to be key to minimising disruption.
EU national staff
EU nationals will be entitled to apply for pre-settled or settled status regardless of whether the UK leaves with a deal or not, but in a no-deal scenario the deadline for doing so would be 31 December 2020. Employers will not have to conduct retrospective right to work checks on EU staff but should ensure that affected staff are aware of the deadlines and the need to compile evidence of living and working in the UK.
Travel disruption
A no-deal Brexit is likely to cause significant travel disruption (at least in the short term). The Eurostar is unlikely to run, border checks will likely cause long traffic delays at Dover and other ports and air travel may be suspended. Employers may wish to highlight these issues to staff booking holiday for March, as there is a risk that they could end up stranded if flights are temporarily grounded.
Employers are not obliged to pay full salary for days when staff cannot attend or are late due to circumstances beyond their control. Although encouraging staff to work from home may assist some staff, this is not a realistic option for many transport employees. Whatever approach employers take, it is essential to be consistent.
Transport businesses should bear in mind that driving in the EU after 29 March 2019 would, in the event of a no-deal Brexit, require additional documentation and proof of insurance. Any business that requires staff to travel to the EU on business will need to keep in mind that visas may well be necessary after 29 March and adjust travel plans accordingly.
Shortages
It's possible that a no-deal Brexit could result in shortages of certain medicines. If employees with chronic conditions are unable to access their regular medication, they may be unable to work as a result (or will need adjustments to their working arrangements to enable them to work).
Employers should encourage staff to be open about any adjustments they need while also respecting their privacy – employers cannot force staff to disclose information about medical conditions.
Leading retailers have also warned that a no-deal Brexit could result in shortages of food and certain consumer goods. Stockpiling some teabags and suitably soft toilet paper could be a useful investment in employee morale.
