TUPE & Working Abroad

BlueBlanket

Hi,

I worked for Company A under UK Remote contract and was allowed to work from abroad short-term (under 180 days) without any limitations. Company A has been recently acquired by Company B and all employees, including me have been under TUPE process. Now that the process and new contracts have been signed, my new employer is telling me that I can't work from abroad for more than 14 consecutive days per year.

Company B offers a benefit called Flexible Work Location benefit and policy. This allows an employee to work once a year from another country for up to 14 days

The limitation of 14 days was not included in my contract, so I was not aware of such policy until "induction" training explaining all benefits that Company B offers. I have a couple of trips booked this year already and one of them is 28 days long. 

Countries I'm travelling to have "double taxation treaty" with the UK and I have a settlement status (leave to remain) in the UK, so I'm assuming that tax implications and immigration risks should be out of the picture?

When I asked HR, I was told that having in the contract UK Remote automatically prohibits me from working from abroad.

Do I have to comply with the policy or is there any way I can get around this?

Hope that makes sense! Thanks

Wonka_2

There's another similar post running re remote foreign working with a couple of points having the same relevance to you. I'm sure others will cover the contract/TUPE part of this and you've already covered the personal taxation part but you also need to consider

a) GDPR/Data laws across different markets - especially post Brexit with companies becoming more aware of their obligations/risks and differing rules across markets
b) Corporate taxation - especially if your role generates value and you're working from a market other than your own- this gives financial risk to companies and potential significant additional workload to manage/monitor.

In terms of 'getting round it' it's very difficult if they switch off your access to systems if you're outside the UK

Grumpy_chap

BlueBlanket said:

Hi,

I worked for Company A under UK Remote contract and was allowed to work from abroad short-term (under 180 days) without any limitations. Company A has been recently acquired by Company B and all employees, including me have been under TUPE process. Now that the process and new contracts have been signed, my new employer is telling me that I can't work from abroad for more than 14 consecutive days per year.

Company B offers a benefit called Flexible Work Location benefit and policy. This allows an employee to work once a year from another country for up to 14 days

The limitation of 14 days was not included in my contract, so I was not aware of such policy until "induction" training explaining all benefits that Company B offers. I have a couple of trips booked this year already and one of them is 28 days long. 

Countries I'm travelling to have "double taxation treaty" with the UK and I have a settlement status (leave to remain) in the UK, so I'm assuming that tax implications and immigration risks should be out of the picture?

When I asked HR, I was told that having in the contract UK Remote automatically prohibits me from working from abroad.

Do I have to comply with the policy or is there any way I can get around this?

Hope that makes sense! Thanks

This recent thread discusses the issues that may arise with an employee being WFH, but then choosing for "home" to be abroad:
https://forums.moneysavingexpert.com/discussion/6438754/moving-to-bulgaria-and-working-from-a-shared-co-working-space/p1

The main factors (in no particular order) seem to be around:

• Security of data in overseas territories
• Working hours (time zone), working days (different public holidays)
• Exposure to alternate tax regimes
• Exposure to alternative working rules, rights, etc
• Ability of the individual to attend the office when required, and at short notice

DullGreyGuy

There is a vast amount more information required

Ultimately different companies have different approaches... some companies may decide they are comfortable with you working anywhere for any duration as long as you dont become considered resident. Other companies, say insurer, may decide that the law where you are staying says a company cannot perform insurance activities in the country without an appropriate branch and license. If you are the sole person in that country they wont be willing to spend the thousands required to establish such a branch and the regulatory oversight. 

Likewise some companies have Data Policies saying they wont export data outside the UK and/or EU so have a major issue with you accessing customer or employee data outside of the stated areas.

tightauldgit

Do you have a legal right to work in the countries you were planning trips to?

With regards TUPE I don't think they can change your contract terms simply because they have a different policy at the new company - but if they can demonstrate a legitimate business reason for the policy then it might be legitimate.