Practice Areas Brexit - Immigration, Employment & Pensions
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Brexit - Immigration, Employment & Pensions

Critical issues for employers to consider:

  • 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.