Universities cannot 'wait and see' on Brexit employment impact, expert warns

Shuabe Shabudin of Pinsent Masons, the law firm behind Out-Law.com, was commenting as Warwick University vice-chancellor Professor Stuart Croft warned that universities were facing "a moment of great trauma" if agreement on the rights of EU residents in the UK was not reached by the end of the year.

Universities are particularly reliant on staff from the European Economic Area (EEA), many of whom would "start to make some big decisions about their future" once it appeared that no deal with the EU was likely, Croft said in an interview with The Guardian this week. Around 17% of UK university academic staff are from other EU countries, according to Universities UK. 

Croft told The Guardian that although universities had been discussing immigration issues with ministers since last year's referendum, there had been "no fundamental progress".

Shabudin, a higher education employment law expert, said that the status of EU citizens currently living and working in the UK was "an incredibly important issue that affects employers across all sectors". However, those in the higher education sector were particularly concerned, given their statistically greater reliance on EEA nationals, as well as the non-EEA family members of EEA nationals, he said.

"There is a great amount of uncertainty here, and lack of action by employers risks fuelling that uncertainty and adding a feeling of resentment among affected staff," he said.

"It is not enough to simply sit back and wait to see what 'deal' we will end up with – action must be taken. Our strong advice is that employers need first to be undertaking an internal audit of how many of their staff are likely to be affected by Brexit, and then to consider what assistance can be provided to them. For example, I work with a number of institutions and companies to deliver information sessions on the impact of Brexit on free movement, and how best to consider their options – forewarned is forearmed," he said.

The UK has proposed that qualifying EU citizens who have been living legally and continuously in the UK for five years at the point of Brexit will be able to apply for a new 'settled status', giving them the same rights to live and work in the UK and to bring family members into the UK as UK citizens. This status will not be granted automatically, but will be available by way of a "streamlined, low cost and user friendly" application process, according to a recent policy document.

Whether the government will take forward these plans would, however, depend on the outcome of its negotiations with the European Commission, Shabudin said.

"Whilst there has been a recent trickle of information from the government about proposals for EU citizens' rights, this falls woefully short of the clarity and confirmation that our colleagues deserve," he said.