Handling employee requests to work from abroad

As I looked out of my office window a few days ago on a dreary wet dull UK October day, my thoughts inevitably drifted to sunnier places, and not for the first time I wondered why, if employees can work effectively at home in the UK, they shouldn’t be able to work from a nicer climate for a few weeks at this time of year.

The short answer is, that for a job like mine, there’s absolutely no reason why not, but it will nevertheless be a choice for each employer whether to allow employees to ‘work from anywhere’, or not. Those employers choosing to allow this may regard it as an attractive part of their employee benefits package and therefore part of their employee retention strategy.

Since Covid, HR outsourcing company myHRdept have seen many more requests from clients with employees asking to ‘work from anywhere’, and this time of year is about the peak for those requests. But what sensible precautions should employers consider before letting employees jet off to an extended period of work in the sun?

In looking at this issue, I am working on an important set of assumptions:

• requests are from UK citizens wishing to work in a Schengen country where the employer doesn’t have a base, and won’t risk creating a ‘permanent establishment’ there.
• the request is for a maximum of a couple of months
• the employee will continue being paid in GBP and will pay UK tax
• the employee will continue to be bound by their UK employment contracts and UK employment law, and will not expect to benefit from local laws applicable to local workers.
• The host country does not prohibit UK employees working remotely for short periods

These assumptions describe the lion’s share of ‘work from anywhere’ requests from UK employees and so create the most likely scenario for employer and employee.

Employers should seek HR advice initially

Where any doubt over the legality of working abroad exists, it would be prudent to consult an immigration specialist, and myHRdept’s wider team contains such specialists if needed – the first port of call will be your normal HR advisor @ myHRdept, and we’ll discuss with you whether we think a referral is necessary (it may well not be). Talking to myHRdept is the first sensible step employers should take.

Beyond the legal/immigration considerations, what else should employers consider in deciding whether or not to grant (or perhaps even invite) requests to work from anywhere?

Is the job suitable for ‘work from anywhere’?

It might seem obvious, but not all jobs will be suitable – those requiring regular face to face client contact are unlikely to suit extended periods abroad, and employers should be beware of the ‘I’ll just hop on a plane’ assurance from hopeful employees – last-minute flights are generally expensive (does the employee expect the employer to pay?) and even a 2 hour hop from Malaga can fill most of a day with airport transfers and delays – unless flying in the employee’s own time, that’s the bulk of a work-day lost.

Connectivity

Homeworking jobs generally require excellent broadband, and it’s important to check that your employee’s proposed workplace is adequately resourced in this regard – rental apartments often promise good connectivity, but if the reality is different (it often is) employees may struggle to do important elements of their jobs. ‘Can the employee guarantee adequate broadband?’ should be an early-stage question.

Data security

On the same theme, employees whose work involves accessing or processing confidential information will need to demonstrate that local networks satisfy IT security standards, including properly secured wifi – an IT assessment of the workplace and computers etc. is essential, as is reminding employees of the need to regularly back up work and update virus protection software when abroad.  Prudent employers will re-familiarise employees with their IT policies prior to their departing the UK.

Physical workplace

Employers permitting home working have a responsibility to ensure an employee’s work station & seating are suitable for long periods of desk working – this obligation extends to temporary work spaces abroad too – where will the employee work, do they have a suitable desk/chair in a quiet environment – myHRdept can supply a home-working assessment questionnaire for the purpose.

Has trust been established enough to grant working from abroad?

Leaving behind the rain-sodden British winter for a tropical setting will come with temptations, and it would be fair for employers to consider whether the employee has earned sufficient trust before granting permission. Working from anywhere policies may exclude new employees in their probation period, and there may be other good reasons to deny a request, e.g. performance concerns.

Employers should talk to myHRdept if requests are considered acceptable for some, but not for others. It’s important to make sure that reasons for refusal are objectively justified in order to avoid claims of discrimination or victimisation.

Consider the benefits

In true HR style, I’ve detailed most of the important considerations before granting a request, but I’ll finish with a positive slant on working from abroad. If an employee satisfies us that all the necessary criteria for effective working will be in place, granting such a request should bring increased loyalty (and refusing it could achieve the reverse).

I’ll come clean now….I’m writing this article in Andalucia. To my right is an open window with a lovely view of the sea and a largely blue sky. The apartment I’m in has 5G broadband, and I’ll attend a number of Teams meetings each week. Sometimes clients like to see my view (and I’ll happily show them), but if I don’t know a client well enough I’ll make sure the blinds are closed.

In short, it works for me, and the business that employs me, and being in a warmer climate for the worst of the British winter has become an important part of my employment routine – it helps to keep me motivated to keep doing the work my employer needs me to do.