The Talent Ramifications of the Brexit Deal (or No Deal)

The Talent Ramifications of the Brexit Deal (or No Deal)

The UK’s planned exit from the European Union is fast approaching, and a new deal over the terms of that exit faces an uncertain future in the UK parliament. Whatever happens, there will be talent implications for employers and HR leaders in the UK and Europe. Below is our broad look at the background of the process and terms of the latest proposed deal, and what the potential consequences could be — viewing several key issues through the lens of HR, including immigration, employment law, and the risks of a no-deal Brexit.

Fast Facts

  • The UK will formally exit the European Union on March 29, 2019, marking the deadline for UK and EU negotiators to reach a deal on an orderly Brexit transition. UK Prime Minister Theresa May has reached a draft agreement with the EU that would provide for a 21-month transition period, after which the UK would be able to control immigration from the EU, while backstop measures would allow the UK to remain in the EU customs union and enable a soft border between Northern Ireland and the Republic of Ireland if a final trade deal is not reached by December 2020. The transition period could be extended once, into 2022, if the UK and EU agree to do so.
  • A scheduled Parliament vote on the deal with the EU was delayed on December 10 after the May government realized the agreement would most likely be rejected. May then survived a confidence vote two days later, and plans to continue lobbying for the deal, which will not be scheduled for another vote in Parliament until sometime in January.
  • May’s deal, as drafted, would preserve the free movement of labor between the UK and other EU countries for the duration of the transition period, while any EU citizens living in the UK before the end of that period would have a right to stay, but would have to apply for residency documentation. Afterward, EU citizens would no longer have special privileges in immigrating to the UK. May has proposed a skills-based system for admitting immigrants after Brexit, but some business leaders and the National Health Service fear this system will leave them short-staffed in roles that would not qualify as high-skill under May’s scheme but for which native talent is in short supply.
  • The UK government has pledged to uphold employment laws based on EU regulations after Brexit, but some of these laws may be partly amended to be more flexible for employers or to reduce their liabilities. Unions, however, fear that these protections may be weakened substantially.
  • If there is no deal by the March 29 deadline, the UK will face a “messy” exit from the EU—likely causing severe economic disruptions. In the event of a no-deal Brexit, the UK would revert to trading with Europe under World Trade Organization guidelines, reintroducing customs and border controls. A no-deal Brexit can be expected to hurt the pound and cause instability in the British financial sector, which could spread to continental Europe and the rest of the world.
  • In a no-deal scenario, the government has promised that EU citizens’ immigration status would not change before 2021, but it remains unclear what employers will have to do to ensure that their European employees are able to continue living and working in the UK. Many businesses have put contingency plans into action to protect against the consequences of a no-deal Brexit, but most HR managers in the UK are underprepared for this scenario. In any case, Brexit is expected to result in a labor supply shock and make it more challenging for UK employers to fill job vacancies.

Background

On June 23, 2016, citizens of the UK narrowly voted to withdraw their country from the European Union. The “Brexit” referendum sent a shockwave through the British, European, and global economies, and prompted concern and uncertainty at many organizations in the UK and abroad.

Conservative Prime Minister Theresa May, who came to power shortly after the referendum in 2016, has worked to cut a deal with Brussels that preserves the UK’s strong trade ties with the EU, but has also stressed that no deal is better than a bad deal as far as her government is concerned. UK and EU negotiators deadlocked over several key points where London and Brussels are at cross-purposes, and uncertainty over whether and how these obstacles will be overcome has been a major source of anxiety for UK businesses over the past two years.

Chief among these issues are immigration and the free movement of people between the UK and the rest of the EU. May has stressed the need for the UK to “take back control” of its borders, even if it meant losing access to the EU’s single market. Free movement of people is one of the “four freedoms” underpinning that single market; the UK wants to preserve free movement of goods, services, and capital, while regaining the right to restrict immigration from the EU. For its part, Brussels has resisted creating new forms of special treatment for the UK that would make Brexit easier, partly to discourage other EU countries from pursuing exits of their own. Another, related area of disagreement is the border between the Republic of Ireland and Northern Ireland, which forms the UK’s only land border with another EU country. Many businesses on the island of Ireland have supply chains that cross that border every day and employees living on both sides of it; creating a hard border with customs and immigration controls would be costly and complicated for these organizations.

The deadline for reaching an agreement is March 29, 2019. If no agreement is reached, the UK will “crash out” of the EU and trade with the bloc under World Trade Organization guidelines. May announced on November 25 that her Brexit negotiators and their counterparts in Brussels had reached a draft agreement that would solve some of these challenges.

A vote on the deal in the UK Parliament had been scheduled for December 11, but May called it off one day before when it was clear that the deal was going to be rejected. Many MPs opposed the agreement, claiming the proposed Brexit is too hard or not hard enough, or because they believe the country should hold another referendum on the question before proceeding.

Prime Minister May said on December 10 that she would ask the EU for new “reassurances” on the deal, and in particular the backstop plan for the Northern Ireland border, which many MPs said they opposed. The EU has maintained they will not renegotiate the agreement, however. May’s government offered no specific timeline as to when there would be another scheduled vote in Parliament on this or any revised deal — but has said it will not happen until January. There is also a January 21 deadline to present the deal to Parliament. May survived a confidence v

Here is a broad outline of what might happen next and the key issues HR leaders need to understand:

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ReimagineHR: Making D&I Strategy an Integrated Team Effort

ReimagineHR: Making D&I Strategy an Integrated Team Effort

In the past two years, issues related to diversity and inclusion in the workplace have appeared with increasing frequency in headlines, legislation, and shareholder earnings calls, underscoring the growing importance of D&I as a strategic priority for businesses. While it’s encouraging that CEOs and investors are paying more attention to D&I, this trend also puts more pressure on D&I leaders to create effective, sustainable strategies with direct impact on the organization’s priority concerns.

In a panel discussion at Gartner’s ReimagineHR event in Orlando last week, Gartner’s Vice President of Inclusion and Engagement, Rajiv Desai, moderated a discussion with a panel of D&I leaders at major companies on the practical lessons they have learned in adapting their D&I strategies to business needs. Our panelists included Lori McAdoo, Global Lead–Inclusion and Diversity at Alcoa Corporation, and Vanessa Abrahams-John, Executive Director, Global Diversity, Inclusion and Talent Acquisition at Praxair, Inc. While Alcoa and Praxair have taken different approaches to evolving their D&I strategy, both our panelists emphasized the need for D&I leaders to build networked teams in order to create sustainable strategies, and shared two specific ways they are integrating teamwork into their D&I strategies.

Embedding D&I Strategy into Business Processes

A key theme in both panelists’ success stories was that D&I strategy is not only about programming, but also about embedding D&I into the heart of business processes. This requires intentionally engaging senior leaders to increase their buy-in and help them take action on D&I efforts.

Alcoa’s effort to integrate D&I principles into the business started in a familiar place: building the business case for why diversity matters to everyone, not just the D&I team or diverse employees. McAdoo explained that to gain buy-in, Alcoa led with respect because, “In a practical sense, it is hard to disagree with the general principle of respecting others.” By evolving the company culture into one where all individuals matter, their D&I principles organically shifted to a D&I functional strategy that supported key business goals. However, integrating D&I into the business sometimes does come with changes to policies and procedures to support its integration. For example, Alcoa changed an operating policy to support this new inclusive culture, adjusting shift lengths from twelve hours to eight hours to better support parents and caregivers. By having policies and procedures that align with cultural values of inclusion, Alcoa was able to treat D&I as a business necessity, not just a “nice-to-have.”

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ReimagineHR: 5 Ways HR Can Take the Lead in Digitalization

ReimagineHR: 5 Ways HR Can Take the Lead in Digitalization

In his keynote address at the opening of Gartner’s ReimagineHR conference in Orlando, Florida on Sunday, Gartner Group Vice President Brian Kropp shared a very salient figure with the hundreds of HR executives gathered in the room: 67 percent of CEOs tell us that if their organization does not make significant upgrades to its digital capabilities by 2020, it will no longer be competitive. “And if you work for one of the 33 percent,” Kropp told the attendees, “start polishing your résumés,” because those two-thirds of CEOs are probably right.

Digitalization is one of the most pressing challenges facing businesses today, and it’s not hard to see why. When CEOs talk about digitalization—in meetings, in employee communications, and increasingly on calls with investors—they frame it as a means of driving increased efficiency, productivity, and growth, the better to compete in a fast-paced and constantly changing business environment. However, Gartner research has shown that over the past five years, employees are exhibiting dwindling rates of discretionary effort: Just at the moment when organizations need to get the best out of their people, fewer of them are going above and beyond the call of duty. Meanwhile, labor markets in the US, Europe, and around the world are historically tight, so organizations have to work harder to find the right people and hold on to the valuable talent they already have.

As a result of these trends, HR leaders today find themselves in a situation where the CEO is demanding improved performance from employees, while employees are demanding an easier and more seamless experience at work that matches the app-driven, on-demand experience they are increasingly used to in their personal lives. Digital solutions are needed to meet these demands, but those solutions involve much more than merely adopting new technology; fundamental aspects of the way the organization works need to be rethought and redesigned for a digital world. HR has an enormously valuable role to play in ensuring a successful transition into the digital enterprise, but it’s not always obvious how to achieve that goal, and many organizations have been going about it the wrong way.

“What does digitalization mean to you?” Prompted with this question in a poll, Sunday’s audience responded with words like “efficiency,” “easy,” “seamless,” “simplicity,” and “experience.” These answers reflect HR’s unique mission today of driving business outcomes while (or better yet, by) improving the employee experience. Here are five of the key challenges posed by this new environment, and what—in brief—HR can do to tackle them:

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What Does Legal Marijuana Mean for Employers in Canada?

What Does Legal Marijuana Mean for Employers in Canada?

On October 17, Canada became the second country in the world after Uruguay and the first developed country to legalize the sale and consumption of recreational cannabis. Under the new law, adults will be allowed to possess up to 30 grams of dried cannabis—available for purchase only from government stores—and in most provinces will also be allowed to grow a maximum of four marijuana plants per household. Many of the details of regulating legal marijuana have been left to Canada’s 13 provinces and territories to decide for themselves, however, leading to potential variation from province to province in key regulatory issues such as the rights of employees who use the drug and their employers.

Smoking marijuana in workplaces remains illegal (as is smoking of any kind), but questions remain over whether Canadian organizations will be able to regulate their employees’ cannabis use off the clock and off the worksite. Workers in some fields will still face strict standards, the New York Times explains:

Employees who handle dangerous products or operate heavy machinery may face stepped-up or new drug tests. Airline pilots face tough restrictions on how near to the start of shifts they may use marijuana. The armed forces will have specific orders for its members and the Calgary Police Service has banned pot use by off-duty officers. The Royal Canadian Mounted Police and Toronto’s police force will ban most officers from using marijuana within 28 days of reporting for a shift.

Impending legalization had raised anxieties among employers in safety-sensitive industries, who were unsure of what measures they would legally be able to take to prevent employees from working while high. Part of what makes these claims difficult to adjudicate is that there is no simple metric for measuring marijuana intoxication; the chemicals in cannabis remain in the body for several weeks after it is used, and current drug testing protocols can’t determine precisely whether an individual smoked an hour ago or two days ago.

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For Retailers, Attracting Holiday Staff Means More than Just Raising Pay

For Retailers, Attracting Holiday Staff Means More than Just Raising Pay

Facing one of the tightest labor markets in living memory, US retailers and other companies staffing up for the holiday season have had to get creative about finding and attracting the extra workers they need for the seasonal rush. Some retail chains started hiring for the winter holidays all the way back in the early summer, raised entry-level wages for store employees, and offered a variety of bonuses and perks like store discounts.

The retail sector was already feeling pressure to bump up pay, the Star-Tribune reported this week, citing a survey by the hiring platform Snag that found retailers expected wages to rise by 54 percent this year. That’s partly a product of a labor shortage, but also reflects the growth of online shopping:

As more shoppers order online and opt to have items shipped to the store or their front door, retailers’ backroom operations are changing. Mass merchants still need cashiers, salespeople and shelf stockers. But they need more people to package orders for store pickup and to work in warehouses and distribution centers, which increasingly requires more technology skills.

Target is doubling the number of staff it needs to handle digital orders. Macy’s, which is hiring about the same number as last year, will shift its mix and add 5,500 more people for its fulfillment centers. Best Buy says it, too, will bulk up on workers to package up online orders.

Labor market competition, the need to attract and retain more skilled employees, and “HR-as-PR” considerations are all coming to bear on retailers’ decisions to raise pay for their hourly employees. They are also courting hires with new benefits, including intangible benefits like flexibility, Steve Bates notes at SHRM:

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Labor Department Proposes New Rule for Multi-Employer Retirement Plans

Labor Department Proposes New Rule for Multi-Employer Retirement Plans

The US Department of Labor on Monday published a proposal for a new regulation governing multi-employer 401(k) plans. The proposed new rule would make it easier for small businesses to offer retirement plans to their employees by broadening the criteria under which organizations can form multi-employer plans, Employee Benefit News explains:

The arrangements are currently allowed for employers with an affiliation or connection, such as companies with a common owner or members of the same industry trade association. Under the proposed rule, MEPs could be formed by associations of employers in a city, county, state or a multistate metropolitan area, or in a particular industry nationwide, according to the DOL.

Sole proprietors, as well as their families, would be also permitted to join such plans, the DOL said. Professional employer organizations, which are human resources companies that contractually assume certain employment responsibilities for its client employers, could also sponsor plans.

The proposal comes in response to an executive order President Donald Trump signed at the end of the summer, directing his administration to remove barriers to small businesses offering retirement benefits through the multi-employer plans. Employees of smaller organizations are less likely than those at large firms to be offered employer-sponsored retirement plans.

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More US Companies Encouraging Employees to Vote This Year

More US Companies Encouraging Employees to Vote This Year

Anyone in the US who has recently had a work meeting derailed by their coworkers talking politics knows that the elections coming up on November 6 are attracting far more attention and interest than midterm elections normally do. The political environment in the US remains highly charged and polarized, while these elections are seen as having particularly high stakes. Poll watchers are expecting voter turnout to be high, partly helped along by a growing number of employers giving their workers paid time off to vote on Election Day. Beyond that, Washington Post columnist Jena McGregor reports, they are actively encouraging their employees to go out and vote:

At Cava, the Washington D.C.-based chain of Mediterranean fast-casual restaurants, its 1,600 workers will get two hours of paid time off to vote on Election Day this year if they request it in advance, a nationwide perk for its workers. For the first time, Tyson Foods, the meat company, has launched a company-wide voter registration initiative, with many of its plants participating in an effort to register employees and offer details about early voting, absentee ballots and voting locations. Levi Strauss & Co. has named volunteer “voting captains” in each of its offices and distribution centers to hold registration drives and educate workers; it’s also giving employees, including retail workers, paid time off to vote.

Organizations that give their employees time off on Election Day, whether they make it a holiday or simply let staff take a few hours off to vote, do so for a variety of reasons. At some companies, this decision stems from a culture of social responsibility; at others, it may be part of an effort to improve their public image. Though few companies take public positions in favor of a particular candidate or party, still others may be hoping that their employees vote a certain way. It could also help boost employee engagement and perceptions of the organization; a recent study by O.C. Tanner found that US workers who get time off to vote have more positive things to say about their employers than those who don’t, HR Dive reported last week:

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