Employment Law & Pensions – Top 5 Issues

  1. Risk of restrictions on free movement of workers – Risk of UK nationals employed in the EU and non-UK EU nationals employed in the UK no longer having the right to work where they are currently located post-Brexit thereby restricting the ability of cross-border businesses to allocate resources as freely as they are able to do at present and risking the loss or redeployment of staff.
  2. Risk of EU and UK employment laws diverging - Irish employment law is closely aligned with UK employment law in many respects. However, if the UK decides not to retain certain employment law rights that are required under EU law, Irish businesses with UK operations will no longer be able to rely on a similar employment law regime being in place in the UK.
  3. Employment law risks in mergers and acquisitions – If the UK is no longer required to abide by EU law, and the UK opts to amend its existing law relating to the protection of employees upon a transfer of undertakings and concerning employee consultation and information rights, this may have a material impact on M&A deals.
  4. Remuneration - Risk that if the UK is no longer subject to restrictions on remuneration and bonuses under EU regulations applicable to regulated financial service providers (e.g. CRD IV) and the UK uses its freedom to permit higher remuneration in the financial services sector, this will have an adverse impact on regulated financial service providers in the EU when competing to recruit senior talent as they will remain subject to such remuneration caps.
  5. Risks re cross border EU/UK pension schemes – Risk that it may no longer be possible to establish new EU/UK cross-border pension schemes or that, even if it is possible to do so in theory, divergences in the approach between the EU and the UK may make them less attractive. 


catherine_oflynn_IrgCatherine O'Flynn
D: +353 1 639 5136