Brexit update: UK-only TA/CA staff: transparency in application of criteria please

A quick update and reminder of the context: the assurances given to staff with UK-only nationality that they ‘will continue their career with the Commission’ post Brexit (19.1.2021) do not apply to our colleagues with time-limited contracts.  Decisions on their future are being taken using these criteria on a ‘case-by-case assessment’ with results expected now, in March 2021 [1].

You asked us to get involved on your behalf: as with any ‘case-by-case’ considerations, there appears to be huge variation in the interpretation, application and transparency of these criteria e.g. some of our affected colleagues had their ongoing employment confirmed as early as 2018 while others are still waiting. Consider that there are UK-only nationality staff in agencies with unlimited-duration contracts for whom ‘extensions’ are understandably of particular importance. 

We asked HR (8.3.2021) to share their figures and the criteria applied for temporary agents (TAs) and contract agents (CAs) with UK-only nationality:  

  1. granted an exemption (‘derogation’),
  2. refused an exemption,
  3. still undergoing assessment.

To date we have had no response, but we will update this page with developments. 

As always, if you have any questions or comments, feel free to contact us. 

[1] Commission UK Staff website, ‘Commission’s commitment to provide UK staff with the maximum possible guarantees on job security’ section. [Bold is not present in original].

‘On 28 march 2018 the College committed to make a generous and transparent application of the statutory derogation possibility for temporary and contract staff who will no longer satisfy the nationality requirement because of Brexit.

To make that happen, following 1 January 2021, each staff member will be assessed individually on his or her own merits to determine whether it is justified to grant an exception in the interest of the service.

This assessment will be performed with due respect for the right to be heard against the following criteria:

  • past performances

  • the service need for the continuation of the staff member’s employment’

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