For many, the idea of working from another country, be that permanently or for a short period, is a very tempting one, but there are considerations for when an employee makes a request to move abroad.
It might be that an employer already has an office in the country where an employee wants to relocate to, in which case they may be able to agree a transfer to that office by varying the employee’s contract. However, a sizeable proportion of employers will not have offices in other countries and, therefore, will have to look at the viability of the request.
Key factors that need to be considered include: if the employee needs a visa to be able to work in that country, if the employment laws of that country differ to the UK, whether any of the employee’s benefits be affected by them working in a different country, if their pension entitlements will be different, tax implications, data protection laws, whether the employee handling personal data in that country will be a breach of UK data protection requirements, additional health and safety regulations above what is required in the UK, and potential additional insurance policies to cover the employee. Also, if the business is regulated, does the regulator allow those it regulates to work abroad?
When dealing with a request to work abroad, it should be treated as a flexible-working request and should follow the same procedure. The best option is to seek advice from an adviser in the relevant country, as well as in the UK, to find out what the required obligations are and what they would mean.
This information can be used when considering the flexible-working request. Remember that as part of the flexible-working request outcome, employers can include a condition that the change is subject to a trial period. However, it is important to bear in mind that if the request is for a permanent move, it is unlikely that an employee who has moved their life to another country is going to return if the business decides it is not working.
Hybrid and remote working are here to stay, and organisations can be more flexible than ever about how their staff work, but employers need to make sure that they are complying with their duties fully before agreeing to overseas working with an employee.
Chris Kisby is an employment partner at Gateley Legal
