Skip to content
Email our experts
About us
Careers
0345 226 8393
Email our experts
0345 226 8393
About us
Careers
Get your FREE consultation
Login
  • I need help with
  • Employment Law & HR
    • I haveโ€ฆ
    • No HR team
      • Fixed-Fee Service
      • HR Consultancy
      • HR Software
      • Training
    • Small HR team
      • Flexible Fixed-Fee Service
      • HR Consultancy
      • HR Software
      • Training
    • Established HR team
      • Fixed Subscription Service
      • HR Consultancy
      • HR Software
      • Training
  • Health & Safety
    • I haveโ€ฆ
    • No H&S team
      • Fixed-Fee Service
      • Occupational Health
      • CQC Compliance
      • Training
    • Established H&S team
      • Bespoke Services
      • Occupational Health
      • CQC Compliance
      • Training
  • Sectors
  • Resources
  • I need help with
  • Employment Law & HR
    • I haveโ€ฆ
    • No HR team
      • Fixed-Fee Service
      • HR Consultancy
      • HR Software
      • Training
    • Small HR team
      • Flexible Fixed-Fee Service
      • HR Consultancy
      • HR Software
      • Training
    • Established HR team
      • Fixed Subscription Service
      • HR Consultancy
      • HR Software
      • Training
  • Health & Safety
    • I haveโ€ฆ
    • No H&S team
      • Fixed-Fee Service
      • Occupational Health
      • CQC Compliance
      • Training
    • Established H&S team
      • Bespoke Services
      • Occupational Health
      • CQC Compliance
      • Training
  • Sectors
  • Resources
  • I need help with
  • Employment Law & HR
    • Solutions for HR teams of all sizes

      No HR team

      WorkNestโ€™s fixed-fee fully outsourced HR service provides unlimited 24/7 advice, document drafting, online training, and tools for managing people challenges, making it ideal for those without in-house HR support.

      Fixed fee service | HR consultancy | HR software | Training | eLearning

      Small HR team

      Our unique blend of ER advice, technology, training, and hands-on consultancy will empower your HR function to enhance efficiency, improve the effectiveness of your HR processes and ensure compliance with employment law.

      Flexible fixed fee service | HR consultancy | HR software | Training | eLearning

      Established HR team

      Introducing our sister company: esphr โ€“ A new-model employment law service, fusing SRA-regulated legal advice with ER case management technology and online resources. As an extension of your in-house HR and ER team, we provide integrated support services built around people, processes, and technology โ€“ all for a fixed annual subscription.

      Employment law advice | Online HR resources | ER case management | HR compliance e-learning | Immigration support

      Latest news & insights

      View the latest articles

      Best interview techniques for employers | 5 simple strategies for success

      22nd October 2025

      What happens if an employee resigns during the disciplinary process?

      15th October 2025

      6-step guide | How to conduct a fair and legal disciplinary procedure

      15th October 2025

      7-step guide | How to fairly dismiss an employee who pulls frequent sickies

      15th October 2025

      How to avoid grievances in the workplaceโ€‹ | Guide to preventing staff complaints

      9th October 2025

      Challenges in hiring | 3 ways to bridge the recruitment disconnect

      2nd October 2025
  • Health & Safety
    • Solutions for teams of all sizes

      No Health & Safety team

      Our fixed-fee fully outsourced health & safety support services provide personalised solutions for organisations of all sizes, including dedicated local consultant support, risk management software, online training and 24/7 emergency advice.

      Fixed fee service | Health & Safety software | CQC compliance | Training & e-Learning

      Established Health & Safety team

      Our expert consultants offer customised project support, consultancy, and additional resources to strengthen your health and safety systems, improve claims defensibility, and embed a culture of safety throughout your organisation.

      Support for HSEQ teams | Bespoke services | Health & Safety software | Training & e-Learning

      Latest news & insights

      View the latest articles

      Best interview techniques for employers | 5 simple strategies for success

      22nd October 2025

      What happens if an employee resigns during the disciplinary process?

      15th October 2025

      6-step guide | How to conduct a fair and legal disciplinary procedure

      15th October 2025

      7-step guide | How to fairly dismiss an employee who pulls frequent sickies

      15th October 2025

      How to avoid grievances in the workplaceโ€‹ | Guide to preventing staff complaints

      9th October 2025

      Challenges in hiring | 3 ways to bridge the recruitment disconnect

      2nd October 2025
  • Sectors
  • Resources
Contact us
Login
Login

Ever since Brexit became a reality, the question on most employersโ€™ lips has been โ€œhow will leaving the EU impact my workforce?โ€

Now, as the transition period plays out, the government has finally unveiled how itโ€™s โ€œAustralian-styleโ€ points-based immigration system will work in practice.

Get your FREE consultation

With immigration one of the driving forces behind the Brexit referendum and a key component of the Conservativeโ€™s election campaign, the message is largely as anticipated: move away from relying on โ€œcheap labourโ€ from Europe and invest in homegrown talent.

Speaking on the governmentโ€™s aims, Home Secretary Priti Patel told BBC Breakfast that the government is keen to โ€œencourage people with the right talentโ€ and โ€œreduce the levels of people coming to the UK with low skillsโ€. It is hoped that stricter rules will encourage employers to tap into eight million โ€œeconomically inactiveโ€ workers in the UK โ€“ although many remain sceptical that British people will be willing, or indeed able, to pick up the shortfall left by EU workers.

For many employers, the thought of sacrificing a significant proportion of their workforce to stricter immigration rules will be unnerving. Indeed, business groups representing sectors such as farming, hospitality and care have expressed deep concerns over looming labour shortages. However, Patel insists that the โ€œfirm and fairโ€ system will help to โ€œcreate a high-wage, high-skill, high-productivity economyโ€, adding โ€œemployers will need to adjustโ€.

The finer details

Free movement will end on 1 January 2021. From this date, overseas citizens will have to score a minimum of 70 points across defined categories to be able to work in the UK. In terms of eligibility criteria, all applicants, from both EU and non-EU countries, will need to be considered โ€˜skilledโ€™, speak English and have an on-the-table job offer.

1. Applicants must be โ€˜skilledโ€™

Get your FREE consultation

In a policy statement published on 19 February, the government confirmed that it will aim to reduce overall levels of migration by giving โ€œtop priority to those with the highest skills and greatest talents: scientists, engineers, academics and other highly-skilled workersโ€. Under current rules, โ€˜skilledโ€™ applicants are those qualified to graduate level; however, the new system will expand the definition of skilled to include workers educated to A-level or their national equivalent. The current cap on the number of skilled workers granted entry into the UK will also be lifted.

2. Applicants must speak English

The statement confirms that applicants must be able to speak English โ€œat [the] required levelโ€. No further details are provided.

3. Applicants must be guaranteed a job paying at least ยฃ25,600

From 2021, anyone wishing to work in the UK must have secured a job offer with a salary of ยฃ25,600. However, in sectors with particular skills shortages, this threshold will be lowered to ยฃ20,480. In addition, highly-skilled individuals, who achieve the required level of points in other categories, will be able to obtain a visa without a firm job offer โ€œif endorsed by a relevant and competent bodyโ€. The government has also stated that a โ€œbroader, unsponsored routeโ€ will be created to allow a small number of the most highly-skilled workers to enter the UK without a confirmed offer of employment.

What if workers don't meet the criteria?

Applicants wonโ€™t necessarily need to meet each individual requirement in order to come to the UK for work. The government has confirmed that under the points-based system, applicants will be able to โ€œtradeโ€ certain characteristics. In other words, a specific job offer or qualification in a relevant subject may offset a lower salary.

For example, if an employee has a job offer of ยฃ22,000, they will be awarded 0 points against salary as this is less than the ยฃ25,600 requirement. However, as it is still above the lower limit of ยฃ20,480, this alone doesnโ€™t automatically mean they will be denied entry. The applicant may still achieve the required 70 points by picking up points in the following โ€œtradableโ€ categories:

  • โ€œOffer of job by approved sponsorโ€ (20 points)
  • โ€œJob at appropriate skill levelโ€ (20 points)
  • โ€œSpeaks English at required levelโ€ (10 points)
  • โ€œJob in a shortage occupationโ€ (20 points)
Get your FREE consultation

What about self-employed workers?

The statement confirms that there will be no dedicated route for self-employed people coming to the UK. This will put a stop to freelancers and independent tradespeople arriving in the UK without a guaranteed work and will force such individuals to seek out employed positions instead.

What happens now?

The lack of provision for low-paid workers has been heavily criticised by industry leaders, who have voiced concerns over staffing shortages and urged the government โ€œnot to turn the tap off overnightโ€. However, recognising that the new system โ€œrepresents a significant change for employersโ€, the government has promised a phased approach starting from 2021. It has committed to a โ€œcomprehensive programme of communication and engagement in the coming monthsโ€ to help businesses adapt to the changes, and will shortly be publishing a response to the Law Commission Report, which pushed the government for details on how it will ensure a streamlined and simplified system.

For now, the EU Settlement Scheme remains open, and employers looking to retain existing EU staff should encourage workers to apply online ahead of the 20 June 2021 deadline. For further guidance on supporting EU citizens to apply for settled status, read our simple guide.

Concerned about the impact of Brexit on your workforce?

To find out how Ellis Whittam can help your business to stay on track through high-quality Employment Law support, call 0345 226 8393 or request your free consultation using the button below.

Get your FREE consultation

Events for employers

Be part of our upcoming in-person events, where industry experts share practical guidance, legal updates, and actionable insights to support your organisation. Network, learn, and stay ahead.

Find an event near you

Sign up to our monthly newsletter

Receive the latest employer news, including employment law updates, expert articles, free resources and event invitations โ€“ all delivered directly to your inbox.  

Our services

Employment Law & HR

Health & Safety

Client Log-in

Refer a friend

Company

About us

Resources

Gender Pay Gap

I need help with

Careers

Contact us

0345 226 8393

enquiries@worknest.com

Head Office

Woodhouse, Church Lane, Aldford
Chester CH3 6JD

View on map

View our locations
Facebook Twitter Linkedin
Click here to start chatting 
Chatbot Avatar Not sure what you need? ร—
wn-l-wh

Nest AI beta

  Click here at any time to speak to an expert.

Powered by WorkNest.
For information see our AI privacy notice .

Facebook Linkedin Youtube

ยฉ 2025 WorkNest   Complaints   Privacy notice  Cookie notice  Artificial intelligence notice  Terms & conditions