Remote UK vs Remote Overseas

We know that post pandemic, the world of work has changed significantly and in some instances, for a job to be performed from any location, even overseas. A recent report by People Management confirmed this is a growing trend with nearly 3 in 5 employees planning to work abroad. At 121 HR Solutions, we also have had many queries from clients regarding such requests from employees.

The reporting statistic focused on those who wish to work overseas on a longer-term basis. Assuming your business can accommodate working from any location, there is much to consider to ensure that performance is not disrupted, employees are working safely and that legal obligations of both the UK and the country in which an employee is located are met.

First and foremost, you are legally obliged to evidence the employees’ legal right to work in the UK when they joined the business, however you will also need to ensure that they have the legal right to work in the country they propose moving to. Advice must be sought in connection with the country of destination in respect of immigration rules, tax, and employment. The employee, whilst remaining an employee of a UK-based business, will have rights and entitlements associated to not just the UK, but for those in the country of residence.

You will continue to have a legal duty of care towards the health and wellbeing of your employee and must take appropriate steps to ensure this continues whilst working overseas.

There are strict data protection rules for transferring personal data to another country and so you will need to ensure there is the legal right to do so.

For fairness, and in ensuring consistency across the business it is essential to outline a suitable process for how the business will deal with requests for working overseas. Given the UK already has laws in place around requesting flexible working, it would seem sensible to use this framework.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.