Investigations are being made by the Government into allegations of discrimination against EU Nationals in terms of access to jobs and services. The evidence presented demonstrates that some employers are clearly anticipating a time when free movement of workers will be a distant memory and are seeking only to employ those who are guaranteed a right to work in the UK after Britain exits. The apparent lack of concern about the employment laws of the land on the part of those recruiting will confirm for many that the referendum outcome has been viewed as a green light for openly discriminatory behaviour. New found confidence to discriminate or there is no doubt that Tribunal's would take a very dim view of any such cases that came before them.
Another issue that arises from the evidence is reports about the insertion contractual provisions regarding the workers position if the right to live and work in the UK is lost. The termination of employment due to an individual not being able to lawfully work in the UK is one familiar to practitioners (and one that is covered by the ERA 96). Those concerned about the protection of EU workers rights (and the ability to recruit much needed staff in some sectors) may well think that the Government is the problem should address this issue by focussing on providing reassurance regarding the position of such EU workers going forward.
The official action follows the submission by the Labour shadow Brexit minister Paul Blomfield of a dossier of more than two dozen examples of job advertisements, housing and other opportunities, many of which restrict applicants to UK or Irish citizenship only. The dossier, compiled by the 3 million campaign group, representing non-British EU citizens living in Britain, included examples of discrimination in housing, employment and other services.