Countdown to Brexit – Immigration, Employment & Pensions

Tuesday, 12 March 2019

With 29 March fast approaching, the ByrneWallace Brexit team address various issues which will impact upon businesses either trading with or through the UK, or with suppliers in the UK, and/or with UK staff based in Ireland or staff in the UK. 

In the first of our spotlight series, we address immigration, employment and pensions.

The critical issues include:

Right to work: Due diligence is required to ensure, post-Brexit, that employees have the appropriate entitlement to work in Ireland, the UK, and any other EU countries where the business is operating. 

Contracts of Employment: Consider restrictive covenants, which often reference a “restricted geographical area”, choice of law and jurisdiction clauses and provisions related to employee mobility.
  
Secondments / Transfers: Consider whether secondments or transfers might be required if employees need to move country. This may involve an amendment to employment contracts and have tax and social security implications. 

Pensions and Employee Benefits: Consider if Brexit has an effect on senior executive benefit schemes, share options, pensions and other employee benefits, particularly where they have a cross-border element.
 
Employee Data: Consider if you are breaching the GDPR by transferring employee personal data to and from the UK post-Brexit.

European Works Councils: Employers who are subject to the EWC rules, with central management in the UK, will need to consider whether to appoint a representative agent in another member state, such as Ireland. 

Hiring: Employers operating in the UK should be aware that there is likely to be further restrictions on immigration post-Brexit. There may also be an urgent need to fill certain roles, in the event that employees do not retain the right to work in the UK, Ireland or elsewhere.


For more information on the above or for general advice on this topic, please contact Emmet Whelan on our Employment Team or our Brexit Team.

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