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.