Safer recruitment after Brexit

On 31 December 2020 the Brexit transition period will come to an end. This will end the free movement of EU, EEA and Swiss nationals to live, work and study in the UK without prior permission.

From 1 January 2021, the requirement for European Economic Area (EEA) professional regulating authorities to share details of any sanctions or restriction imposed on teachers will no longer apply. This means the Teaching Regulation Agency will no longer maintain details of those teachers who have been sanctioned in EEA member states.

Also, at present, qualified teachers from the EU, Iceland, Liechtenstein, Norway and Switzerland have the right to have their professional status and qualifications considered for the award of Qualified Teacher Status (QTS) in England. Whilst this will still apply from 1 January 2021, the process will change.

From 1 January 2021, teachers who qualified in any of the above countries applying for Qualified Teacher Status will need to provide a letter of professional standing from the professional regulating authority in the country that they qualified. This allows the Department for Education to validate their qualification. The letter must:

• confirm that the teacher is recognised as a qualified teacher in any EU member state, Iceland, Liechtenstein, Norway or Switzerland
• show the teacher is not subject to any restrictions in that country and be dated within the 3 months prior to their application for Qualified Teacher Status in England

Schools must continue to carry out safer recruitment checks on all applicants. The above letter will therefore also provide evidence that can be considered alongside information obtained through other pre-employment checks to help assess their suitability.

If you would like any further advice or support with your obligations and responsibilities as an employer with regards the Brexit transition period coming to an end please get in touch or email brexitenquiries@brownejacobson.com.

This article was first published by Browne Jacobson in HR essentials on 14 December 2020 and then by LASBM on 16 December 2020.