Episode 39 - Employment Law Podcast

Matheson LLP, Irish Law Firm

Since this recording, we have clarified that the continuation of the Common Travel Area will not require amending legislation. However, there is a concern that post-Brexit, the issue of the 50 / 50 rule, outlined in the Employment Permits Act, whereby the Department of Business will not issue or renew an employment permit where the employer has less than 50% of its employees of EEA/Swiss nationality, will operate to exclude British nationals. This could mean that employers who are currently eligible to obtain an employment permit would become ineligible overnight with a consequent impact on their ability to renew any already-issued employment permit they hold, whether for British or non-EU nationals. Should a Brexit withdrawal agreement be reached, Section 91 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 as it currently stands would continue to include UK nationals as EEA nationals. However this would not apply in the instance of a no-deal Brexit.