Faegre Drinker labor and employment associates Charlotte Marshall and Hodon Anastasi, counsels Claire Nilson and Emma Vennesson and trainee solicitor Fred Kelleher from the London office authored an article for Personnel Today titled “Working from the beach: What are the legal implications?” In it, the authors examine legal implications that deserve urgent attention, particularly since thousands of employees have started or are considering working from home in the United Kingdom.
The trend of working from home in the U.K. will likely continue. Some employees have used this as an opportunity to work from abroad for an extended period. While this may seem like a win-win for the employee, the authors explore employment law and immigration considerations and how such a move impacts employers.
For example, a U.K. employee working abroad will likely continue to be subject to national employment laws to some extent, but there is a risk that the employment laws of the host country may apply as well. The authors state that employers should consider seeking local employment law and tax advice to fully understand the liabilities and assess the practicalities of employees working remotely from abroad. Further, terms of remote working should be documented in a written agreement before permission is granted.
The authors also cover immigration considerations. An employee who intends to work in another jurisdiction will need to demonstrate they are citizens of that country or that they can do so without any form of special permission. They detail what may and may not be permitted for business visits and where the law currently stands in Europe on this matter.
As the authors note, working in breach of local immigration laws can have serious consequences for both individuals and employers. Therefore, it is always prudent to seek advice on the immigration requirements of the particular jurisdiction where the work will be undertaken.