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10-minute read

30 Apr 2025

#compliance#blogs#automotiveindustry#ustrade...#workforceplanning#retirementage#employmentlaw#workersrights#ukexports

United Kingdom: Automotive Employers Must Rethink Workforce Strategy as US Tariffs Hit 

The recent imposition of a 25% tariff on automotive imports by US President Donald Trump presents a significant challenge for the UK automotive industry. With the US being the second-largest market for UK car exports, these tariffs threaten job security, could prompt restructuring, and may lead to long-term shifts in workforce dynamics.  

The US has imposed a tariff on automotive imports, raising it to 25% and shaking global markets.

For employers, understanding the broader implications is key to preparing for the potential operational and legal impacts. 

These tariffs add further strain to an already volatile global automotive market. Around 80% of vehicles produced in the UK are exported, with the US acting as a major trading partner. The increased cost of exporting to the US is likely to dampen demand, placing pressure on UK manufacturers to scale back production, optimise costs, and reassess their workforce planning. 

To remain competitive, automotive employers must act quickly. This includes reviewing workforce strategies, ensuring compliance with UK employment laws, and exploring reskilling initiatives and global mobility options. Taking proactive steps now can help businesses mitigate risks while positioning themselves for long-term resilience and growth. 

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A globally mobile workforce could become a key strategic asset. Some employers may consider shifting part of their operations to the US to bypass tariffs, while others might pivot towards EU markets, where tariff-free trade still applies.  

Both paths present opportunities for UK talent, whether through international secondments, local redeployment, or cross-border collaboration. 

Implications for Employers

The imposition of these tariffs underscores the need for employers to future-proof their workforce planning. Potential restructuring, redundancies, or relocations must be handled with legal precision, particularly in relation to consultation processes, redundancy payments, and immigration considerations.  

Employers should also assess the viability of retaining and attracting skilled talent amid financial uncertainty and shifting business priorities. Clear internal communication, strategic workforce planning, and compliance with employment obligations will be essential as UK automotive companies navigate the evolving global trade landscape. 

Ireland: New Bill Requires Employers to Justify Mandatory Retirement Ages Below 66 

On 1 April 2025, the Irish government published the Employment (Contractual Retirement Ages) Bill 2025, a significant development that could reshape retirement practices in Ireland. The Bill introduces new employee rights to remain in work until the State Pension Age of 66, even where a contractual retirement age (CRA) is set below that. 

On 1 April 2025, Irish employees have been given the right to work until the State Pension Age of 66.

While this edition of Atlas Insights focuses on employment laws in Ireland, it's worth noting how approaches can differ globally. For instance, in many Asian countries, retirement ages can vary dramatically based on gender, industry, and government policy. Comparing these differences highlights the importance of tailoring HR practices to local legal frameworks, especially for businesses operating across multiple regions. 

The Bill follows recommendations made in the 2021 Pensions Commission report and builds on the General Scheme published in 2024. While the Employment Equality Acts prohibit age discrimination, employers have historically been permitted to enforce a CRA, provided it is objectively and reasonably justified by a legitimate aim. 

A 2024 Supreme Court judgment clarified that employers do not need to justify a CRA on an individual basis under current law. However, the new Bill shifts this approach, requiring justification for each individual employee who wishes to stay beyond their CRA. 

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Key Provisions 

  • Employee Notification: Employees with a CRA below age 66 who have completed probation can notify their employer that they do not consent to retire at that age. 

  • Timeframe: Notification must be made no fewer than 3 months and no more than 1 year before reaching the CRA. Limits apply on how often a notification can be made. 

  • Employer Response: Employers wishing to enforce the CRA must respond in writing within one month, providing a reasoned and lawful justification. 

  • WRC Complaints: Employees can refer complaints to the Workplace Relations Commission, which can award up to two years’ remuneration (or EUR 40,000, whichever is greater). 

  • Penalisation Prohibited: Employers cannot penalise employees for seeking to stay in work. Non-compliance may also lead to criminal liability for failing to provide a reasoned reply. 

Implications for Employers


Employers in Ireland with CRAs below the state pension age of 66 will need to prepare for a more nuanced and legally accountable approach to retirement. Under the new Bill, they must be ready to engage with individual employee notifications, respond with written justifications within strict timeframes, and demonstrate that any enforced retirement is objectively and reasonably justified by a legitimate aim.  

This introduces a new layer of administrative and legal responsibility. To reduce risk and streamline processes, organisations may wish to review and potentially align CRAs with the state pension age. Even where CRAs are set at or above 66, employers must continue to ensure their practices comply with age discrimination laws under the Employment Equality Acts. 

Australia: Federal Court Sends Strong Warning on Worker Exploitation 

In Australia, a landmark ruling by the Federal Court has underscored the severe legal consequences for employers who exploit vulnerable workers. Last year, penalties totaling AUD 15.3 million (equivalent to around USD 9.8 million) were imposed against the operators of Sushi Bay outlets for the deliberate underpayment of 163 migrant workers between 2016 and 2020. 

A landmark Federal Court ruling imposed a total fine of AUD 13.7 million on five companies and a personal penalty of AUD 1.6 million on the sole director for exploiting vulnerable workers.

The affected employees, primarily Korean nationals holding student, working holiday, and subclass 457 visas were subject to substantial underpayments. Key details include: 

  • A total underpayment exceeding AUD 650,000 

  • Individual wage shortfalls ranging from AUD 48 to AUD 83,968 

  • Entitlements to overtime and penalty rates between AUD 25.94 and AUD 48.24 per hour 

  • Actual payments made at flat cash rates between AUD 14 and AUD 18.50 per hour 

Five companies were collectively fined AUD 13.7 million and the sole director received a personal penalty of AUD 1.6 million. Some penalties may be used to repay workers, as the companies are now in liquidation. Notably, the director and one of the companies had previously been penalised for similar conduct. 

Additional breaches included unlawful "cashback" schemes that forced 20 employees on 457 visas to return part of their wages. The companies also falsified records to hide their misconduct. 

Due to the deliberate and systemic nature of the breaches, many were classified as ‘serious contraventions', attracting heightened penalties. Justice Anna Katzmann stressed the importance of sending a strong deterrent message to employers. 

While this case predates the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, it reflects the increasing seriousness with which such offences are treated. Under the new laws, intentional wage underpayment is now a criminal offence. 

Implications for Employers


This case serves as a stark warning to employers about the significant legal, financial, and reputational risks of non-compliance with workplace laws. The record-breaking penalties highlight the courts’ increasing willingness to hold businesses and individuals accountable for exploitative practices, particularly when involving vulnerable migrant workers.  

Employers must ensure they are meeting all wage and entitlement obligations, maintaining accurate records, and upholding fair treatment across their workforce. With recent legislative changes making intentional underpayment a criminal offence, the cost of non-compliance has never been higher. Proactive compliance, regular audits, and transparent payroll practices are essential in mitigating risk and demonstrating commitment to ethical employment. 

         

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