Pre-settled status: this will apply to those with less than 5 years continuous residence in the UK and permits residing in the UK for a further 5 years, during which time an application can be made for settled status once 5 years continuous residence is reached. Pre-settled status grants the same rights as at the moment, such as the right to work in the UK, use NHS services, enrol in education, access benefits and travel in and out of the UK.
This suggests that thousands of EU nationals are already facing difficulty or being denied employment, housing and other rights if they cannot prove settled status, despite this not actually being a requirement at the moment. Refusing EU nationals employment or access to other services without settled status is not currently lawful (as is indicated in the government guidance), therefore it is possible that such treatment may amount to discrimination under the Equality Act 2010 on grounds of race, ethnic origin or nationality.
Employers are muddled about this. And there are big fines out there for those that employ people who are not entitled to be in the UK. 20,000 GBP.