THE WORLD SHUTS DOWN - Spring 2020 www.eura-relocation.com - EURA Relocation
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New Modules abg+ Achieving Business Growth cam+A cam+B Coaching Approaches in Mobility Coaching Approaches in Mobility Online December Cost: €250 per module Completely free to EuRA Members and their teams until June 2020 For full instructions on how to access the Academy; Click here
The Contents EuRApean 4 Letter from the CEO 21 New Member Focus: Save the Contact Us: 5 Letter from the President Roomzzz Dates! 6 & 7 Diss Business Centre 6 EGQS Training 22 Feature: Lauri Murphy & Diss UK 7 New MIM Free Programmes Susan Ginsberg IP21 4HD +44 1379 640883 8 EuRAGlobal 2019 24 Feature: Newland Chase www.eura-relocation.com 10 Feature: Jon Harman 28 News from the Industry Contributions on all aspects of mobility 12 #euraworkingfromhome are welcomed for publication in the EuRApean. If you are a member of EuRA 14 YouTube Podcasts and would like to contribute news about 2020 USA Reception 2020 Washington DC your company please get in touch. Please 15 Words of the Week October 29 contact Dominic Tidey, Managing Editor 16 CV Legal Impact EuRA International Relocation Congress 2021 Seville dominic@eura-relocation.com or Maria Manly, Editorial Consultant maria@eura- March 23-26 17 Legal Update with Gordon 2021 USA Reception Chicago relocation.com Disclaimer: Kerr October 21 Opinions expressed in the EuRApean are EuRA International Relocation Congress 2022 not necessarily those of the publisher April 26 - 29 unless otherwise stated. Published by: EuRA Diss IP21 4HD UK Notes from the collective good and much as we all know As Tad says in his report, wherever you can join the Editor that, it doesn’t make it easier. together with your competitors to form groups to rally governments into recognising our Our industry is under tremendous pressure and industry and the vital role it will have to play Normality has will have to fight to weather this storm. But when we start to rebuild economies, you shifted… one thing that has never ceased to amaze and should. Please let us know if we can help. significantly and inspire me about the people who call in a way none of relocation their vocation, is their resilience, With all of the EuRA members we’ve spoken to, us could’ve brilliance, adaptability and humanity. Everyone barriers to communicating with competitors imagined just a I’ve interviewed has shown such compassion have broken down and this new spirit of few weeks ago. and care for their clients, teams, colleagues and collaboration is what will keep our industry In that time the wider EuRA family. relevant and strong. But for all of the strength, we’ve moved into a strange new world of loyalty and dedication that this crisis has shown uncertainty, not going out, working from home. When this ends, our industry will be required to from mobility professionals around the world, But as Tad says in his CEO Report, I think we’ve act fast and hard. Mobility will be at the we cannot get away from the fact that our all realised that the connections we have, the forefront of growth and economic rebuilding. industry, like many other critical commercial friendships with colleagues, EuRA members Companies will be looking to recoup lost sectors, is hurting. But our industry is vital to around the world and competitors suddenly growth and lost income and talent the world after the crisis. mean so much. Communication and management will be central to that. connection is what holds us together. In one of the YouTube interviews, I spoke with But in the meantime the governmental Beverly Sunn of Asia Pacific Properties in Hong Over the past weeks I’ve been privileged to reactions from around the world to supporting Kong. She summed it up beautifully by telling have interviewed a number of our members companies vary hugely. In Europe the me that our industry is built on “passion and from all over the world and the message has predominant response has been to support compassion” and I don’t think I have ever been the same. We will get through this. This salaries in order to prevent layoffs. These heard anything that sums up the brilliance of is probably the toughest thing my generation measures have mostly been enacted fast and mobility providers, better. has collectively had to face and having have given the business community a vital restrictions placed on our basic liberties is lifeline and the confidence to sit this out and something we have never really experienced. wait for the crisis to abate. In other countries Dom Tidey Our mantra has been freedom. To move, to the emphasis has been placed on lenders to travel, to work, to live, to love. In all aspects of Managing Editor ease restrictions to support companies in our lives we have always been free to do what meeting their payroll, but this ultimately adds we chose to do. But now we have to act for to debt. 3 - The EuRApean Spring 2020
Letter from the CEO Tad Zurlinden The events of the past weeks have industry in order to to today more than 500 new blindsided us all, but I am humbled, prove what we students have joined the EuRA proud, amazed and inspired by the already know… the Academy and are studying response from our incredible volume of work will towards their MIM industry. Everyone I’ve spoken to has not just return, it qualifications. placed the needs of their assignees will be ahead of every other concern that unprecedented I am so grateful to the team they may have and at a time like this and we need to be who support EuRA, from my those concerns are considerable. ready to accept it. staff to the Strategic The dedication I’ve heard about Consultants who drive our being shown by leaders, consultants I never thought programmes forward. It’s with a and teams all over the world has that I would be in gratitude that’s hard to put into reinforced what we all knew… our the position of words that I tell you they have industry is amazing. negotiating the postponement of our volunteered to delay billing for their annual conference once, let alone outstanding work until the next What we face is unprecedented and twice. Ironically we were negotiating financial year. This means we can being able to plan at the moment is with the same hotel group in the continue to provider legal and almost impossible, but what we do same country as we were back in compliance support, develop new know, is when we come out of this, 2010, nearly 10 years to the day. education programmes in the managing global mobility will never That time, as we drove back through Academy, roll out further support to before have been so important. Our France from Mallorca a week later, members undertaking the EGQS and industry is going to be at the we knew that the only thing that continue to build on the outstanding forefront of rebuilding economies all would keep EuRA going was the programme we had lined up for over the world and we need to be kindness and understanding of our Seville 2020. ready to react fast and big when that members and delegates. In 2010 day comes. our conference consisted of around Over the past weeks, we have all 400 delegates and I could say then seen our contingency planning Wherever you can access that I personally knew 350 of them. tested to the limits, in ways we would government assistance to cut tax, pay In 2020 we have 726 delegates never have wished, but in ways which staff or anything else, seek it out and signed up to join, and I probably still show just how vital such planning is. take it. Where you can join together only know personally about 350 of One of the most acute things to with your competitors to contact and them. So we were all so humbled at strike me personally about this crisis lobby your local political the response. So far to date, over is how the means we use to representatives, do it. Our industry 700 delegates have agreed for EuRA communicate allow us to build sits under the radar. We are not to issue them a credit note for 2021 communities, maintain friendships hospitality or aviation, but the role and have not asked for a refund. In and provide support to each other. we have to play in the future months practical terms this means we can is inestimable and governments move forward, but just like for Please take a moment to check out need to know how vital the role of everyone right now, that won’t be our Channel on YouTube and the mobility providers in all their enough. I have cut my salary in half interviews we have been conducting diversity is going to be. for the next year, we have furloughed daily with members across the world. one member of the team on full pay The positivity with which we’re all I am working with a group of UK via a UK government assistance reacting can sometimes be hard to members to lobby the British programme and no-one will be maintain, but when you pick up the government on a local and national getting a bonus, even on cash phone, launch Skype or FaceTime political level. These arrangements already earned. This will save EuRA a and start to connect, we realise we are not being made on an EU level great deal of money which we will are all in this together however so it’s vital that you can group earmark as a hardship fund. We cliched that may seem. together where necessary to work fervently hope that this will be with your national governments. If enough to prevent cutting back our These are extraordinary times and we you need any support from me or my commitments to members. are all stressed, but they will end. team, or other EuRA Members, Keep talking, keep listening, maintain please just reach out. Part of the As you know we have waived all fees those bonds with colleagues and reason we sent out the impact survey for certifications in the MIM friends all over the world and when in March was for you to have some programme. The take up from we’re all together again, it’s going to idea of the scale of the impact on our members has been phenomenal. Up be one amazing party!! 4 - The EuRApean Spring 2020
Letter from our President Michèle Bramstoft Did you notice how people were unable to stop going out on Dear Fellow EuRA the town in most cities after the pandemic hit? Did you notice ‘Family’ Members, how at the first hint of spring people were congregating in the parks? This is after everyone had been warned to stay home. We crave human connection – despite whatever is happening globally or otherwise. Simon Sinek is one of my favorite sources of inspiration. After returning from the EuRA Sevilla meeting, I was in self He likes to talk about focusing imposed quarantine. When our fitness instructor uploaded on the future. He talks about some dance numbers to an app, I was delighted (as some of people that are so committed you may know, dancing is my ‘happy place’). I noticed that as I to their vision of the future, plowed through a few numbers, I was asking myself, “where they refuse to let other people and/or things discourage was that happy feeling I usually get when dancing?” Even them! These purposeful people are innovators. though intellectually I was aware of how we get energy from being together, suddenly this realization became physically I believe that we all have the capacity to be innovators! Do real and I could FEEL how much I missed everyone’s energy. you agree? And when we focus on what we want, we get it. Right? The opportunity to reconnect in person is going to make our reunion next March PHEN-OM-MEN-AL!! It’s one of the This was evident last month while in Sevilla. The EuRA board secrets to EuRA conferences - that warm, family type members that were able to attend the 1st meeting of the year connection that manifests every time we meet. Plus, I’m were focused on making the Sevilla conference HAPPEN. And excited to announce new additions to our conference: a they did, and it will. Watch out Sevilla - the EuRA family is wellness room with yoga & guided meditations. With the reuniting in your sunny sector of Spain in 2021!! experience of 2020 in the past, fortifying us for new challenges of the future, we will come together and There were serendipitous elements of the situation that appreciate our EuRA family more than ever. contributed to Tad & the Board’s conviction to find a win-win solution. EuRA’s history with Meliá Hotels was one of them. In the meantime, remember to ‘Generate Relocation Remember 10 years ago when we had to postpone the Recognition’, ok? And now that we have extra time to find Mallorca conference? That was Meliá. more exceptional short stories to mention in Sevilla 2021 [for the EuRA eBook], please keep sending me them!! Having the EuRA board in Sevilla physically also played a role in the positive outcome of the negotiations. We arrived just Your questions and concerns are always welcome. before the airlines started cancelling flights, it was then that we were able to see the gravity of the global pandemic with Kind Regards, 2020 vision. Michèle Since then, one of my personal realizations is how the human president@eura-relocation.com aspect of our lives is bigger and stronger than I had imagined. Although technology is here to enhance our day to day, it is unable to replace the energy we get from each other, especially when we are in the same space, physically. 5 - The EuRApean Spring 2020
EuRA Global Quality Seal Newly Certified and Re-certified Members Congratulations to our newly certified and re-certified EuRA Global Quality Seal Members since our last edition Newly Certified Newly IOR Global Services LARM Colombia Recertified Bright Expats Start-Up Services Altair Global Copenhagen Taj Relocations Relocations Home Conseil Professional Relo Connectiv Online Training EuRA Quality Seal on the EuRA 27, 28 & 29 April Academy 16:00 CET Everything you always wanted to Join Martina Scharwey for our annual introduction to the EGQS know about the EuRA Global training webinars. This series of three sessions covers Quality Seal is now in a new 3 everything you need to know about setting up a process management system. You'll learn how to build your Quality Component Course in the EuRA Manual and how to implement all the required policies to Academy! It's entirely free so just ensure you're completely compliant for the future. login and start https:// euraacademy.thinkific.com Even if this isn't the right time for you to go forward to your official audit, it's a great time to learn how to implement a process management system across Introduction to the your organisation. Following these three (free to EuRA Members) webinars will simplify the process, led by a true expert in quality management. EGQS Watch the film 6 - The EuRApean Spring 2020
New MIM Programmes Online! Coaching Approaches in Mobility Nine years ago, EuRA, in Nine years later and we ALL MIM PROGRAMMES ARE partnership with Oxford Brookes are transferring all 12 FREE FOR ALL MEMBERS TO University (OBU), developed a modules into the online CERTIFY ANY OF THEIR coaching programme for relocation EuRA Academy and TEAMS DURING THE professionals. We assembled a Programmes A, B & C are CORONAVIRUS CRISIS. crack team of members from across online now with Europe to bring their relocation Programme D going live expertise to developing a syllabus in May. Programme D Online Soon! Module 10 - Transactional Analysis 2 that we hoped would appeal to relocation professionals helping Each Programme consists of three Module 11 - How Not to Start and people from all over the world to distinct Modules looking at Argument manage change by working one to different coaching skills and how one with enhanced skills. they relate directly to the relocation Module 12 - Cultural Competences process. and Personal Development For many years we have focussed on the vital importance of working with Programme A All modules are free to intercultural skill and sensitivity but Module 1 - Introduction to Coaching EuRA Members in the EuRA the rationale behind this and the GROW Model Academy programme was to look less at the Module 2 - Coaching Skills macro cultural factors and more at the individual human. Bringing Module 3 - Transactional Analysis Part coaching knowledge into the One intercultural mix enabled us to deliver a skill set that helped the Programme B professional help the assignee and Module 4 - Roles & Responsibilities family to look at their own choices and their reactions to change. Module 5 - Giving Feedback and Challenging Supportively Our brilliant, now Strategic Module 6 - Learning Consultant for Education, Dr Carmelina Lawton Smith was at the Programme C time, head of the International Module 7 - Handling Change Dr. Carmelina Lawton Smith Coaching and Leadership faculty at Primary Trainer OBU and developed the Module 8 - Emotional Intelligence EuRA Strategic Consultant programme with the EuRA focus Education group. Module 9 - Positive Focus carmelina@eura-relocation.com 7 - The EuRApean Spring 2020
EuRA in Ho Chi Minh We were so delighted to drummers, and musicians as welcome such a great group of We had some fantastic speakers, well as a startling magic show people to the awesome city of sessions based around culture, and amazing Vietnamese Ho Chi Minh for our fourth EuRA compliance and immigration as cuisine, it was a great Global Conference. Looking well as an excellent day of MIM+ opportunity to connect and back from where we are now it’s Legal Training. build our friendships and hard to take for granted the networks. ease and confidence with which Our Gala Dinner, on a boat we all travelled across the world sailing down the Saigon River PHOTO GALLERY to get together to learn, was an event which will never be connect, share and celebrate… forgotten! With a wonderful but we will do this all again! atmosphere, superb dancers, 8 - The EuRApean Spring 2020
Feature: “Disruption, Innovation, Good Ideas and the Value of Books” Jon Harman | Global Account Manager - CORT Judging by the ubiquity of don’t need to understand bit combinations, the adjacent conference sessions, industry chain or have the ability to possible expanded. This webinars, and trade code our own video game in process continued, the publication articles on the order to innovate. Innovation adjacent possible advancing at topic, it would appear that is all around us. A each new combination until everyone in relocation is chimpanzee using a blade of that primordial stew was rich either fervently searching for grass to get ants out of an and diverse enough to include mobility’s disruptive anthill is an innovation. We the possibility of life. The innovation or hiding in a are looking for ways to make same principles were at play corner hoping that it won’t our business better, not a as life forms became more put them out of business means to change the world. If complex, expanding what was when it arrives. we think of innovation as possible with each new simply having a good idea, it adaptation. For the few minutes it will suddenly becomes more A chimpanzee using a blade of take to read this article, let’s attainable. grass to get ants out of an anthill take a pause from our is an innovation. brainstorming session or step In his brilliant and essential out from the corner in which book, Where Good Ideas It may be easier to grasp the we’ve been hiding and Come From, Steven Johnson concept if we apply it to a consider the notion of explores seven patterns that more familiar environment. disruptive innovation more have proven effective in Each day when a resident of closely. fostering the generation of London steps out the door, good ideas. One of these she enters a diverse and Let's define disruption as a patterns, the adjacent changing world of possible large scale innovation. Doing possible, is a concept first encounters with people, so frees us from talking about defined by the scientist Stuart businesses, fashion, disruption (yeah!) and allows Kauffman as a means of entertainment, education, us to simply consider describing the various employment, transportation, innovation. An unfortunate possible molecular architecture, music, art, side-effect of life in the age of combinations in the culture, food, fitness and devices is that we have come primordial stew that was pre- more. to associate innovation with biotic earth. Each time digital technology. We seem molecules bumped into each The adjacent possible for our to have forgotten that we other and formed new imaginary Londoner includes 10 - The EuRApean Spring 2020
all of the potential futures spend an extended period of social media on the other. that she might create by time with new concepts. This Which way does the scale tip? turning down that street or extended exposure makes it introducing herself to this more likely that important At the risk of stating the person or accepting information will find a home obvious, we would all do well employment with that in our long term memory to read what interests us as company or signing up for which is where it needs to be opposed to what we "should" this if it is to help us generate a read. If we all read the same cooking course. The good idea. Bill Gates does not business books we are simply possibilities inherent to city publish an annual list of TED constructing similar mental living are exponential. Not so Talks to watch. He publishes landscapes constrained by in a small town. a list of books to read. similar boundaries. History, science, biography, the arts all How does all this talk of I know, I know. None of us have the power to expand our innovation, monkeys, have time to read these days. adjacent possible. Good ideas primordial stew and big cities Well, none of us except for are out there and we are more relate to reading? Consider Bill Gates, Warren Buffet, likely to find them when we the mind of the avid reader as Oprah Winfrey, David learn about what truly a city and the mind of a non- Rubenstein, Barack Obama, engages us. reader as a small town. If a Phil Knight, Elon Musk, Mark good idea is the collision of Cuban, Jay Z, Sheryl As Johnson says in two previously unrelated Sandberg, Steven Speilberg, summarizing his chapter on concepts within a mind, then Tony Hsieh, Richard Branson, the adjacent possible, “The our ability to generate such Lebron James, Angela Merkel, trick to having good ideas is ideas is constrained by our Eric Schmidt, Peter Thiel, Jeff not to sit around in glorious own mental adjacent possible. Bezos, and Michael isolation and try to think big We cannot form an idea using Bloomberg, to name a few of thoughts. The trick is to get knowledge that we do not the significant figures who more parts on the table.” already possess. How do we promote the transformative When it comes to our mind, come to possess this adjacent power of habitual reading. the parts on the table are best possible expanding collected via a good old knowledge? I would argue Bill Gates does not publish a list fashioned book. that the best available tool for of TED Talks to watch. He doing so is a book. publishes a list of books. Technology has increased our Just what is it that has us all Jon Harman, GMS available avenues to learning. so busy that we have decided Global Account Manager We now have podcasts and that there is no time to read? CORT, A Berkshire Hathaway TED Talks and online college To what degree have we Company courses, to name a few. But allowed the trivial to overtake T +1.540.255.8349 l E when it comes to absorbing the essential in our daily jon.harman@cort.com | new concepts in a way that lives? Put thirty minutes of cortdestinationservices.com truly expands our knowledge, reading on one side of the reading has the upper hand. scale and thirty minutes of Reading a book allows us to 11 - The EuRApean Spring 2020
#euraworkingfromhome Thanks to everyone who’s sent in a more integrated work-life Page 2 from top right to left; pictures of their home work space. balance. But from people we’re Johanna Lennartson, Laura Ganon, It’s been brilliant to see were we all talking to, it seems we can’t wait to Peggy Love, Michele Bramstoft, are! Please keep them coming! be back with our teams again! Lena Rekdal, Susana Bourne, Pierre Jeronimo, Renata Busettini, Tad It’s funny how for many of us, Page 1 from top right to left; Zurlinden and new assistant! working from home has been a life Fiona Mougenot, Lorna Keen, goal. No more lengthy Maddalena Michieli, Dino Isernia, communting, more time with family, Sofia Bentinck, Stephan Compain 12 - The EuRApean Spring 2020
EuRA’s YouTube Channel Interviews with Members Across the World Over the past weeks we’ve been interviewing members all over the world to find how they’re coping with the coronavirus crisis. You can watch them all on our YouTube Channel CLICK HERE TO VIEW 14 - The EuRApean Spring 2020
Words of the Week Dom Tidey - EuRA C.O.O. On our social media platforms over the past blueberries?", "No". "Do you have any "Det föll mellan stolarna" translates as "It few months, we’ve been taking a look at raspberries?" "Tampoco"... "I don't have fell between chairs", an excuse used when words and phrases in languages across the raspberries either" two people were supposed to do globe, that don’t really have direct something but nobody did, so you say "it translations into English. Here are just a "Fika" - This Swedish word literally means fell between the chairs" when you mean "I few! coffee, but it's actually more about the know I was meant to, but I forgot!” ritual of taking a break for coffee, a snack and a chat with a co-worker... a bit like "Le démon de midi", translates as "to have "Elevenses" in England! the midday demon" and means to have a midlife crisis, that phase when suddenly buying a sports car is almost like demonic possession! “Shinrin-Yoku” This Japanese phrase expresses the feeling of relaxation you get from taking a bath in the forest... a sense of tranquility with nature "Avaler des couleuvres" translates from French as "To swallow grass snakes" and means feeling so insulted that you are just unable to speak! "Kalsarikännit"... this Finnish word is an amalgam of two others, "Kalsarit", underpants or long johns and "kannit", getting drunk... so, getting drunk at home in your underwear! "Desvelado" this Spanish word is more of a phrase and means to be exhausted from lack of sleep... all you can think about is เอาหูไปนา เอาตาไปไร่ - This Thai phrase taking a nap, but you're at work! translates as “Take ears to the field, take eyes to the farm.” and it means don't pay "Tampoco" a any attention as in, don't bring your eyes Spanish term and ears with you. meaning "I don't have that Follow us on; either" - used https://www.facebook.com/eurarelocation/ for example; https://www.instagram.com/eura_relocation/ "Do you have https://www.linkedin.com/in/dominictidey/ any https://twitter.com/EuRA_Relocation 15 - The EuRApean Spring 2020
CV Update; Legal & Financial Issues for Relo Writing this, in April 2020, it is far from clear margins are already tight. It is particularly Predictions along these lines have existed for what the final impact of the Coronavirus may concerning to witness the behaviour of some decades, but such has been the impact of this be and how long it will be before we return to large corporations, currently requesting pandemic that there is a growing feeling that anything like business normality. So these discounts as high as 30% on goods and some fundamental shifts in international comments are intended only as broad services across their supply chains. business practices are coming our way. indicators of the legal issues which are likely to arise from this global pandemic. 3. Contractual Obligations 5. Insurance 1. Health and Safety The pandemic has prevented the delivery of It’s unlikely that many companies, including relocation services across the world. In legal relocation businesses, will have insurance in It goes without saying that the health of terms, this means that DSPs and other place to compensate for the loss of income employees is the number one priority, in both relocation service providers are unable to meet suffered during this period. That fact is moral and legal terms. The law requires their contractual obligations to deliver services recognised by the many forms of government employers to safeguard the wellbeing of their to their clients. When service delivery financial assistance now available in most staff. The challenge is likely to be that, as becomes impossible in this way, contractors countries. national restrictions on movement and are protected against compensation claims by “distancing” begin to be lifted, there will be clients in two ways: While you may have in place some form of pressure from clients to resume normal service a. Ideally, your service contracts will contain Business Interruption Insurance, this is as quickly as possible. As an employer, it is “Force Majeure” clauses, which suspend or normally restricted to physical damage to important that you are entirely satisfied that terminate your service obligations when premises, so it’s unlikely to apply to business normal service can be resumed safely, for each external factors make normal service delivery interruption caused by a pandemic. As with all of your services and locations, before impossible; forms of insurance, “the devil is in the detail” employees are instructed to begin non-remote b. If a contract does not contain a Force and you should consult with your broker on working again. Majeure clause, you need to rely on the exactly what you are covered for and any protection of general law. In many countries, potential claim on your policy. 2. Financial Health of your Business contracting parties are legally protected from compensation claims in situations where an Most businesses have taken a serious financial unforeseen event makes contractual One final thought. With all governments hit from the Coronavirus. It is essential obligations impossible. In English law, for rightly focused on the pandemic, how realistic therefore to take full advantage of the variety example, this legal protection is called is it for the UK Government to continue to of national Government programmes now “Frustration”. insist that the Brexit transition period must available. These may include: end on 31st December 2020? Like so many •. Government payments for employees 4. Business Continuity and Future other issues affected by the Coronavirus, this placed on furlough; Working Arrangements question is only likely to be answered when we •. Financial support for the self-employed; begin to emerge from the current crisis - •. Suspension of local business taxes; Although service delivery is severely restricted whenever that may be. •. Deferment of VAT; by the pandemic and related lockdown rules, •. Interest-free loans. most relocation businesses have been able to maintain limited services by implementing You should find full details of the financial their business continuity plans. These plans assistance available to your business on your and associated “homeworking technology” relevant government website. It may also be have proved to be invaluable for our industry. possible to negotiate with the landlords of The question is: will businesses return to an your business premises, either a deferment or office-based model when the pandemic is over reduction in rent. or are we about to see a fundamental shift away from employees being physically based You should also consider whether it may be in offices? worth trying to open similar discussions with There could also be reductions in volumes of Gordon Kerr your key suppliers and contractors. However, it business travel and employee relocation as a EuRA Strategic Consultant Legal is not in anyone’s interests to force a further consequence of new working patterns and squeeze on prices across supply chains when improved video-conference technology. gordonkerr@gklegal.co.uk 16 - The EuRApean Spring 2020
All Things Legal… Gordon Kerr March 2020 EuRA Strategic Consultant - Legal Services I am no longer a citizen of the European Union …. and, like millions of others, I am currently obliged by law to stay at home. So I hope that you will understand my need to drown my sorrows with a very fine old whisky. Still, life will return to some kind of “normal” one day and I am sharing with you, in this legal update, some thoughts on employee privacy rights, late payers, bribery ….. and, of course, Brexit. As we emerge from the depths of our northern European winter, it’s lovely to think of warmer days just ahead. We know that, at a future date, an effective coronavirus vaccine will be produced. Let’s continue to be resilient and look forward to better days ahead. I think we can all drink to that! Gordon Kerr EuRA Strategic Consultant – Legal Services (gordonkerr@gklegal.co.uk) Brexit (1) – What Happens aspects of the EU’s future companies, known as "state Next?? relationship with the UK, aid”. such as tariff-free trade, On 31st January, EU flags security sharing, financial For its part, the UK is very came down in London and services and fishing rights. reluctant to agree to any the Union Jack was folded But the EU’s starting point is such restrictions and has away in Brussels. After many clear: being out can't be as legislated that the trade twists and turns, Brexit has good as being in. deal must be concluded – happened. We are now in a and transition period ended transition phase, until the The EU will be pushing the – on 31 Dec 2020. This puts end of this year, during need for a “level playing pressure on both sides and which time the UK will field”, i.e. measures to may be a difficult deadline continue to observe EU reduce the risk of EU to achieve, particularly rules and nothing much will companies being undercut given the delays in getting change. by British firms that benefit negotiations underway from the Free Trade arising from coronavirus Tricky negotiations ahead Agreement. The EU intends issues. There is still a real that there should be future possibility that we will be The centrepiece of the new rules covering taxation, faced with a no-deal Brexit EU/UK relationship is employment rights and at the end of this year. intended to be a Free Trade environmental policies, and Agreement, covering all government support for Immigration 17 - The EuRApean Spring 2020
Summing Up Many of these companies Freedom of movement are household names. Sony rights, already exercised by I can do no better than end and Panasonic, the EU and UK citizens, have with a quote from The Japanese technology been preserved. EU citizens Times: companies, are moving who have moved to the UK “We know the rights of EU their European bases to the before the transition period citizens in the UK will be Netherlands. Media ends can continue to live preserved. We know companies, including and work in the UK but must nothing will change for a Bloomberg and the register (free of charge) by year. And we know that Discovery channel, are 30th June 2021. After the Northern Ireland will tread a moving some London- transition period, EU different path from the rest based staff to Amsterdam. citizens not already resident of the UK. Beyond that Gulfstream Aerospace has in the UK will have no pretty much everything moved a logistics hub from special immigration rights about the future relationship London to Amsterdam. and will be subject to the with our closest neighbours Smaller companies are also same “points based” is undecided and up for moving to protect their immigration system as grabs”. European business. Rex citizens of non-EU countries London, a gifts and such as the US, China and homewares business, has India. Brexit (2) - Good News for set up warehouses in the Amsterdam and Dublin Netherlands. Press Red UK nationals living legally in Rentals, a Telford-based an EU country at the end of The Dutch government has equipment company, has the transition period will be lured 140 UK-based opened a subsidiary in the able to stay and enjoy the companies to the south-eastern Dutch city of same rights to work and Netherlands since the Brexit Roermond. reside as before. But referendum in 2016. 78 of These moves from the UK, anyone arriving after the these business relocations by businesses of all shapes end of this year will be have taken place in the last and sizes, reflect current subject to each EU country's year alone, and 425 other anxiety about Britain’s immigration rules. UK businesses are chances of securing a understood to be waiting favourable trade deal We don’t yet know what the for greater clarity on current before the end of the year. post-transition EU-UK Free Trade In many cases it’s a hedge arrangements will be for Agreement (FTA) talks against the continuing risk many of the practical before committing to a of a “no deal” Brexit. aspects of travelling Dutch move. The particular The relocation picture is between the EU and the UK, attractions of the slightly different when it such as medical cover, Netherlands for British comes to the UK’s huge driving permits, mobile businesses are said to be financial sector, based roaming charges and the stable political climate mainly in London. In this travelling with pets. and high level of spoken sector, Dublin appears to be English. the main beneficiary of 18 - The EuRApean Spring 2020
Brexit, capturing around a their ex-employer, arguing workplace monitoring, it’s third of all UK to EU that their right of privacy possible that Barclays could relocations. The second had been breached and also have fallen foul of data most popular destination is also that Spanish data protection law. Courts are Luxembourg, followed by protection law, which generally reluctant to allow Paris, Frankfurt and requires individuals to be employers to carry out staff Amsterdam. The current informed about CCTV use, monitoring unless they can prediction is that 5,000 had been breached. The show that this is necessary financial jobs will move to Court decided that the and proportionate and the EU from the UK as a employer had a legitimate does not severely impact consequence of Brexit. reason (suspicion of serious employees' rights. The outcome of FTA theft) to implement the Even global banks have to negotiations will determine surveillance and took into comply with privacy rules! whether these estimates of account that the relocation volumes from surveillance continued only Late Payment of Invoices the UK are accurate or just until the culprits were the tip of a very large identified. Despite Late payment issues iceberg. deciding in favour of the continue to plague the employer in this case, the relocation industry and it Employee Privacy Rights Court made it clear that, can be difficult to find generally speaking, the practical ways of ensuring A recent decision of the slightest suspicion of that invoices are paid on European Court of Human wrongdoing would not time. A helpful ally in the Rights (Lopez Ribalda v usually justify covert video UK is the Small Business Spain) concerned the surveillance. Commissioner, who will thorny issue of when it’s In the UK financial sector, mediate on behalf of okay to use CCTV to similar arguments are companies with fewer than monitor employees. In this raging about what is 50 staff that have payment case an employer in Spain legitimate monitoring of disputes with large set up covert CCTV staff. For example, Barclays businesses. surveillance of staff in a has been forced to scrap a In a recent report, the supermarket following computer monitoring Commissioner said that jet concerns about the amount system that tracked the aircraft and train maker of stock that was going time employees spent at Bombardier had been missing. Goods valued at their desks and sent exploiting companies for at over €82,000 had been warnings to those spending least two years. He found taken over a five months too long on breaks. that six in ten of period before the employer Barclays said axing the Bombardier’s invoices are set up video surveillance. tracking system was a paid late, with suppliers The surveillance was in response to "colleague waiting an average of 116 place for ten days and feedback", which is code days. provided evidence of theft. for a horrendous backlash The Commissioner As a result, several from angry employees! highlighted the employees were dismissed. Aside from attracting bad mistreatment of one of Some of the employees publicity by adopting a "Big Bombardier’s catering raised court action against Brother" approach to suppliers. Bombardier 19 - The EuRApean Spring 2020
Transportation UK failed to pay four invoices the government to create a “corruption-free” to London-based Alistair Hugo Catering and country. Events, running up a £5,600 debt. The Bribes were most commonly solicited when supplier, which employs 26 staff, said that registering land or property, followed by one of its invoices was 223 days overdue by dealing with the police and tax and electricity the time it was settled. The caterer made officials. The survey, covering 20 of India’s 28 several attempts to resolve the issue but states, found that north-western Rajastan was payment was only made once the the most corrupt, with 78 per cent reporting Commissioner intervened. that they had paid some form of bribe. In The Commissioner stated that the company’s Kerala, in the south, the figure fell to 10 per payment performance was “simply cent. With 860 million people of working age unacceptable”. It was “loud and clear that the in India, it suggests that more than 400 supply chain is being exploited” and that “this million bribes changed hands across the has been the case for at least the last two country. Transparency International India years”. Bombardier has agreed to review its concluded that corruption remained “part payment practices and report to the and parcel of daily life in India”, particularly at Commissioner within 60 days. the lower echelons of bureaucracy which, it Hopefully this is the kind of direct action and said, was saturated with opportunities for bad publicity that will make all large “bribery and kickbacks”. companies think twice about exploiting their India is actually mid-table in the 2019 suppliers as a method of improving cash- Corruption Index (80th out of 180 countries), flow. so is a long way from being among the worst offending countries. For example, its anti- Bribery in your supply chain corruption rating is better than other countries with high relocation volumes, such Anti-bribery laws can create challenges for all as Turkey, Vietnam, Brazil, Egypt, Mexico and relocation businesses which sub-contract Russia. work to suppliers in other countries. Bribery At the “good” end of the latest league table carried out by your supplier can result in a are Denmark and New Zealand, followed criminal prosecution for your business, even closely by Finland, Switzerland, Singapore although you did not approve of the bribe and Sweden. and had no knowledge of the payment. So As for India, despite the issues highlighted by understanding the level of risk of bribery in a Transparency International, we can take country where you are planning to appoint a comfort from the fact that our EuRA members supplier is very important. The higher the risk, in India are all fantastic. And I wasn’t paid to the more thorough your supplier risk say that! assessment should be. A recent report by Berlin-based, Transparency International, the leading global anti-corruption organisation, focused The Legal & Tax Report is produced for on the extent of bribery in India. According to The EuRApean by Gordon Kerr, EuRA’s their findings, more than half of Indians have Strategic Consultant - Legal Services. paid a bribe to police or other government Gordon can be contacted at officials in the past year despite a pledge by gordonkerr@gklegal.co.uk 20 - The EuRApean Spring 2020
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Feature: “Today is the slowest it is going to be” By Lauri Murphy & Susan Ginsberg VUCA stands for Volatile, 25% of shopping malls will Uncertain, Complex, close between 2017 and Brave new world Ambiguous. It was coined by 2023. I know from living in Now if we now flip over to the US Army College in the London, walking up any the global mobility/ late 1980s as they grappled typical high street in the relocation industry and ask with a new reality as the capital, I am struck by the what the future could look Berlin Wall came down and number of charity shops and like; it is foolhardy to predict communism in Europe came cafes that have replaced it with any degree of to an end. They were looking more traditional shops. The certainty. What we can say is to understand what type of decimation of retail is it is an industry going world they would be The Amazon Effect. In the through huge disruption. operating in as they U.S., we sadly see fewer local The corporate global approached the 21st century. boutiques, as many have mobility professional Nowadays, the concept of been replaced by corporate currently has a focus on VUCA is now deeply organisations that can somewhere between 1% and embedded into corporate manage locals with high foot 3% of the workforce. If we life. The impact of the Trump traffic. include frequent business presidency, Brexit, and the Netflix, which started out as a travellers, this may see it rise current concerns around DVD rental player, has not but still within single digits. coronavirus (COVID-19) all only revolutionised the way This is coupled with the point towards a more we watch TV but also how we demographic shift in the precarious social, political spend disposable time. workplace and different type and economic climate. Netflix saw off Blockbusters of movers all points to (COVID-19) has already at a time when it was far and significant change for the created significant upheaval away the market leader and role itself. For example, many in financial markets with the seemingly untouchable. The millennials typically don’t OECD warning the virus Netflix impact is also putting own their own home or have presents the biggest threat the BBC's business model accumulated the amount of to the global economy since under extreme pressure, as worldly household goods of 2008. the younger generation other generations. Therefore, questions whether they they are more likely to rent Amazon & Netflix should pay a license fee for a furniture from IKEA or A report by Credit Swiss in service they barely use, if at another rental provider when 2017 predicted that 20% to all. they move. 22 - The EuRApean Spring 2020
Corporations and the A recent survey by Alan landscape continually mobility function are also Trippel saw over 20 evolves. seeing a host of other move companies identifying What we can say with some types that will reduce the themselves as RMCs. On degree of certainty is that number of traditional long- examining many industries Companies that differentiate term assignments (LTA), with there are typically a smaller themselves in a changing, short term assignments, number of dominant players shrinking landscape and commuters type moves and certainly fewer than 20. establish an innovation popular in Europe and Further consolidation is roadmap will grow. Being frequent business travel. inevitable as we wait and see collaborative, agile and These move types, alongside how BGRS and others might consultative are vital to one-way permanent moves, respond to the SIRVA/Cartus delivering successful are all looking to be a more deal. The result may then outcomes. The need to move cost-effective way of getting create more space for Tier II talent is still a real and people where the company RMCs. necessary business needs them. As technological innovations imperative. Service continue to enter the organisations that adapt will Survival of the fittest industry at a fast rate, DSPs thrive. What does all this mean for are the next level of service some of the key service providers that offer key providers in the industry? services to assignees and Relocation Management their families on the ground, Companies (RMCs) have across the globe, many of seen their traditional cash- whom work with RMCs as cows, US home sale and LTA, well as have their own client Susan Ginsberg is based in go into somewhat of a portfolio. These service New York and runs her own decline. Traditional business providers are also coming consultancy firm SRG models for RMCs are not under pressure as they are Advisory. Lauri Murphy is sustainable; revenue from asked to do more with less in based in London and works referral programmes, which the face of shrinking margins. as MD with TAIN Consulting do not add any value beyond Ultimately, we don’t yet Ltd. financial reward, are also know whether the future will Both are trusted partners to coming under more scrutiny. belong to an Amazon-type corporate HR/Mobility Furthermore, with player that will come to Leaders as well as to industry procurement playing a more dominate the mobility service providers. influential role than ever and industry for years to come. a focus on cost like never Or if there will be a smaller before, it begs the question: number of key players where do key mobility serving the changing providers, especially RMCs, mobility needs of the go from here? How do they population, while offering differentiate themselves? others the space to carve out How do they achieve their their own niche as the own business growth? 23 - The EuRApean Spring 2020
Feature: “Business After Brexit: Visas and Immigration Explained” White Paper from Newland Chase After more than three years of negotiations, political division, speculation, and uncertainty – the United Kingdom officially exited the European Union on January 31 at 11pm. For all the anticipation, February 1 saw virtually no noticeable change from January 31. That is because the UK and EU entered into an 11-month “transition period” until December 31, 2020 in which the current relationship continues practically unchanged. The existing freedom of movement and cross-border mobility rules between the UK and EU member states remain largely in effect. What Happens Now? broad, limited or no EU, and actionable That is by no means the agreements, or an guidance for companies end of the speculation. extension of the to take now. The unanswered transition period beyond question remains: “What December 31, 2020. The During the Transition happens after December UK government has Period 31?” Starting in March, already stated it does not Until December 31, negotiators from the UK want an extension. 2020, free movement of and EU will begin to Despite this 11-month UK and EU member state work out the answer to pause on any real citizens continues. There that question. Should practical changes, there are no changes in the negotiations fail to arrive is still much individuals current rights of UK and at agreement between and organizations in the EU nationals to live and the UK and EU by UK and EU must do now work in the UK and the December 31 – we could to prepare for the various EU and still face much of the coming post-Brexit European Economic same uncertain Europe. Despite many Area states. outcomes that we remaining questions, experienced leading up here is our quick look at - EU citizens in the UK to Brexit day. We could the current status of EU citizens in the UK still reach the end of the business immigration continue to have the transition period with and visas in the UK and right to travel to and to 24 - The EuRApean Spring 2020
live and work in the UK. will generally be eligible proposed a new EU citizens arriving in the for settled status. immigration policy, UK before December 31 slated for have until June 30, 2021 - UK citizens in the EU implementation in to register through the The various EU member January 2021. Under this EU Settlement Scheme, states have begun to new policy, EU nationals and may obtain either implement their own will be treated the same “settled status” or “pre- country-specific as non-EU nationals. The settled status”. Family processes for UK key points are as follows: members in a nationals to obtain • Suspending the annual relationship with an EU normalized status within cap on skilled workers citizen before December their borders. The rules (currently 20,700); 31 will be able to join and processes vary by • Removing the resident those with settled status EU member state. In labour market test; at any future date. some countries, • Allowing employers to Settled Status is for those registration of UK sponsor skilled foreign with five years of nationals is mandatory. workers at lower salaries residence in the UK. It In others, UK nationals in and skill levels than grants the EU national the country obtain their currently; Indefinite Leave to normalized status by • Reducing the salary Remain (ILR). The holder automatic right. threshold for new can leave the UK for up entrants by 30%; to five years and retain After the Transition • Reducing the salary this status. Period threshold for shortage Pre-Settled Status In general, both the UK occupations and highly- provides a pathway to and the EU member skilled workers; settlement for those who states must establish • Presenting the rules have yet to qualify for rules and processes to balancing shortage settled status. It is govern UK and EU occupations, high intended for those with citizens arriving in their qualifications and less than five years of respective countries minimum salaries as a residence in the UK. It after the transition points-based system, grants the EU national period. with a total of 70 points five years of leave to required to be eligible to remain after which they In the UK, the apply; government has 25 - The EuRApean Spring 2020
• Expanding the pilot currently. Various EU- however, entry scheme for seasonal wide policies and requirements for UK agricultural workers to directives, in some cases citizens to the Schengen 10,000 places; not previously area after the transition • Including students, but applicable to UK period will include: not family reunion or nationals, will now apply, • Passports must have a asylum, in the points- including: validity of at least six based system; • Blue Cards; months; • No special route for • Intra-corporate Transfer • They must be able to lower-skilled workers or permits and processes; justify the purpose of self-employed people; • Van der Elst case law. travel; • The new Global Talent • They must show route has already Business travel is the one financial means for their replaced the Tier 1 area where we have a stay; (Exceptional Talent) more solid idea of • They must have an itinerary for their stay; • They must have comprehensive sickness insurance; and • They must prove the stay will not exceed 90 days in 180 days. What Should route for top scientists, requirements for UK Employers Be Doing researchers and citizens in the EU due to Now? mathematicians. the EU’s common visa While specific processes policy for the Schengen will become clearer In the EU, UK nationals area. UK citizens will be throughout the year as arriving to the EU after able to stay in the whole UK-EU negotiations the transition period are of the Schengen area on progress and firm expected to be under tourism or business immigration policies are the visa and immigration status for up to 90 out of announced, there are formalities that third- each 180 days. They will general actions country nationals face not require a visa for this, 26 - The EuRApean Spring 2020
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