The spread of coronavirus presents unique issues for employers seeking to protect themselves, their employees and the public. It will normally be appropriate to tailor a standard employment contract in order to reflect any homeworking arrangements. COVID-19: the practical implications of employees working abroad temporarily. Wellbeing The employer is responsible for the protection of the occupational health and safety of staff who work from home as well as office-based workers. With employees increasingly welcoming the opportunity to work from home, employers that are able to offer this should reap the rewards from this competitive advantage. If certain conditions are met, payments by employers to reimburse employees for reasonable additional costs incurred as a result of homeworking can be tax exempt. Issues covered: Q: I am seeking legal obligations for UK employers wherein an employee requests to work at home full-time and this is granted. Check what data processing the employee will be doing, and that this can be carried out lawfully in line with your usual policies. Employee Benefits Connect Apply to Home Based Legal jobs now hiring on Indeed.co.uk, the world's largest job site. This would include consideration of the following: Out of sight should not mean out of mind. Expenses – consider whether or not employees will be entitled to expenses for travel to the office or a contribution towards telephone, broadband, heating and lighting costs. Whatever the precise arrangement, there are a number of issues for an employer to consider. In countries where there is a reciprocal agreement, such as the USA or Japan, it is possible for an employee to remain within the UK system (and not pay local social security contributions) for up to five years if they have a valid certificate of coverage. Features list 2020 Ensure that any work-from-home, remote work, and onsite work policies, are administered in a nondiscriminatory manner. Several tax authorities have issued concessions in the light of Covid-19, but not all have done so, and it will be important to establish the rules in place in the relevant host country. Time to do laundry between tasks. National work from home day is organised by Work Wise UK, a not-for-profit organisation aimed at making the UK a more progressive economy by encouraging smarter working practices. This duty cannot be delegated to the worker, even though your employer is not in your home and cannot control what goes on there. Occupational Health While I am focusing on WFH, these same rules apply generally for managers and employees working at remote offices, i.e., offices away from headquarters. Other non-British nationals should consider whether their absence from the UK may affect their visa, or their eligibility to apply for other types of status in future where absences are assessed, such as indefinite leave to remain, permanent residence or naturalisation as a British citizen. Right to enter – do you want include a licence to enter the employee’s home (on reasonable notice) in order to install, maintain or service any company equipment, or retrieve it on termination? Start at a set time and stick to scheduled breaks. However, where the employee’s normal place of work is their home and they travel to their employer’s premises or to see clients/customers, this could count as “working time”. Most employers will provide basic equipment at least. I like the fact you can tailor the newsfeeds by jurisdiction and work area, and only receive information relevant to your practice. Respite from … The employment contract remains subject to UK law and jurisdiction. Keep in touch. Confidentiality and data protection – this can be difficult to supervise remotely so include an express term to address what is considered confidential information and the necessary protections required (such as passwords, encryption, a secure filing cabinet, a shredder etc) and make sure data protection obligations are maintained. The employee’s residence status is determined in accordance with the DTT by reference to their personal circumstances, and whether the number of days they are present in the host country over a 12-month period (however briefly and irrespective of the reason) exceeds 183 days. Working from home looks set to be a part of many people’s lives for some time to come. There should also be a provision for what happens if the employee moves house – particularly if the move is further away from the office which may have financial implications for the employer (see “expenses” below). HR Consultant In other countries where no agreement exists, the UK employer must continue to deduct employee UK NICs and pay employer NICs for the first 52 weeks. Working remotely - can employees work overseas? A right to enter may also help enable you to carry out risk assessments for health and safety purposes, although legal advice in terms of enforcing this right would be needed if the employee (or another person) was refusing entry. Posted in Workplace Policies. Prepare yourself for the inherent risks that come with providing staff with work from home opportunities. Email Newsletters Consider only approving requests for a short, time-limited duration where the employee’s expected return date is clearly documented. Countdown from lockdown: Where are your employees now? Photograph: Stephen Parker/Alamy. Organisational Development This note outlines the issues relevant to homeworking; the benefits and drawbacks and the practicalities that need to be addressed in the event that an employer engages homeworkers or accedes to an existing employee's request to work (full or part time) from home. Employers and employees should be practical, flexible and sensitive to each other's situation when working from home because of the coronavirus (COVID-19) pandemic. RSS feeds The size and depth of articles are good too, so we can get to the information one needs very quickly. We look at each of these issues below before explaining what practical steps you can take to minimise the risks. It can be all too easy to spend the day in your pyjamas, dipping into work in between doing household chores and running errands. Enter your email address to receive alerts when we have new listings available for Work from home legal jobs. If employees live and work abroad, even for short periods, they can become subject to the jurisdiction of that other country and start to benefit from the applicable local mandatory employment protections. There seems to be a broad analysis which is beneficial to us in analyzing various areas of law. Employment law and data privacy implications of working abroad temporarily. Employee Relations Working from home because of the coronavirus pandemic may sound like a luxury. It would also mean that the income tax exemption in the DTT would not apply. HR Shared Services Particular changes to the contract to consider include the following: Place of work– if the employee will be predominantly working from home, the normal place of work will be the employee’s home, although the contract should also include a provisio… In some countries, work itself is prohibited even as a business visitor. These are very useful tips and information, Akshay! The articles are well covered and include the right amount of detail. The employee must comply with all applicable public health guidance in both in the country to which they travel and in the UK. Akshay Choudhry of Burges Salmon LLP examines the legal and practical considerations. Hours of work – specify when the employee will need to be available for work. OH&W subscription terms. The war for talent is alive and well and people are demanding to work differently. Note that these rules are due to expire on 31 December 2020, when the current Brexit implementation period ends, and it remains to be seen whether there will be a trade agreement between the UK and EU which will replicate any of these features. It is also worth including the right to require the employee to revert to office-based working. The legal employment status of home workers is defined by the following tests of whether they are a ‘worker’ or ‘employee’: •Mutuality of obligation– is the person legally obliged to carry out some work in return for some payment (contract) •An obligation to work personally– or can they send someone else to do the work for you. Changes to the PWD, which must be implemented by the end of July, mean that employees will be entitled to the same mandatory pay as comparable employees in the host location. Employees will also need to comply with applicable public health guidance (e.g. The employee takes responsibility for ensuring they have the necessary technology and arrangements in place to enable them to work effectively. Assuming the working-from-home arrangement is only short term, it would be difficult for the tax authorities to argue that a permanent establishment had been created. What does the Brexit trade deal mean for employment law in the UK? It provides a snap shot update of various legal developments and assists us in staying current. Advertising specifications Other expenses to consider include postal/courier costs, stationery costs and photocopying/printing costs. Update existing policies to include Covid-19 specific language. There are three particular areas to consider from a legal perspective: 1. Immigration permission is generally not required for business visits. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. In some instances, it may also be sensible to put in place specific policies to cover off some of the more practical arrangements. Do staff have access to the equipment that will enable them to work […] ", © Copyright 2006 - 2021 Law Business Research. Always take expert local advice on any tax, social security, immigration and employment obligations you may have in the host country, and on any Covid-19 concessions that have been issued. People Analytics Remind the homeworker that they must have consent from their mortgage provider to work from home. Health & Safety Outside the EEA and Switzerland, the position will depend on whether there is a reciprocal agreement between the host country and the UK. meetings and training). It is possible that you will receive more such requests in future, as employees look to take advantage of increased remote-working opportunities to ask if they can work abroad for a short period on a regular basis. Salary and benefits – you should take care that homeworkers are not treated less favourably on grounds of any protected characteristic. Equipment – will the employee require specific equipment to perform their work? to check any potential council tax liability as a result of homeworking; that some of their homeworking expenses may be tax deductible; that, in limited circumstances, they may be entitled to a tax deduction in respect of the expenses of travelling from home to the office; and. If you have a home based contract, isn’t the employer supposed to provide an office chair ( if requested by the employee ) and also carry out a DSE assessment? You could also require homeworkers to attend the office for regular meetings. UK workers and France: a guide to the new rules from 1 January 2021. Generally speaking, there is no legal obligation on an employer to provide the equipment necessary for homeworking. (For example, the employer may need to register with local authorities as an employer and/or report on the income that is being paid to the employee.). Yes, if the contract of employment permits you … Who might have access to the employee’s computer? Working from Home: Legal Issues for Employers. Firms; Kliemt.de, Toffoletto De Luca Tamajo e Soci, Sagardoy Abogados, Claeys & Engels ,advocaten, Lewis Silkin LLP,. Nondiscriminatory Application of Work-From-Home Policies. So what should employers be aware of if they want to facilitate homeworking? Further, depending on the social security regime that is in place, there may also be a liability to pay social security contributions in the host country in addition to any contributions that are made in the UK. It's a great tool. Change Management Getting work from home insurance is essential if you have employee telecommuting for your small business. Keep a step ahead of your key competitors and benchmark against them. HR Director They will, however, need to complete the appropriate tax declarations, which could be a complex process. For example, will the employee be required to observe strict office hours, have complete flexibility over when they work, or have certain “core hours” when they must be available. Freedom to cook lunch. Within the EEA, there is also the Posted Workers Directive (PWD) to consider. Consider how you might regulate stress levels, how to ensure rest breaks and other working time obligations will be met, whether specialist equipment is required or needs to be safety tested, first aid arrangements, and reporting work-related accidents. The employee is still working solely for the UK business. Work from home craft jobs UK; Home based pharmacist jobs; Part time cash in hand work London; Piece work jobs from home UK; Receive the latest listings for Work from home legal jobs. if computer equipment provided by the employer is used for anything more than “insignificant” private use, a tax charge may arise. When working from home, there may be a new concern for workers other than going without pants. UK employers have a duty to protect the health, safety and welfare of their employees, which includes providing a safe working environment when … However, it is advisable to consider this on a case-by-case basis – particularly where the employee may suffer from a disability and the provision of such equipment could be considered a reasonable adjustment. If so, who will provide and pay for this equipment and who is permitted to access it? On top of the tax, social security and immigration implications explained above, there are various other employment law and data privacy considerations. Employers should consider a variety of issues, including tax, social security, immigration and employment implications, before agreeing to an employee’s request to work from home when ‘home’ is not in the UK. The starting point is that the host country has primary taxing rights over the employment income that the employee earns while physically working in that country. For example, if an individual is working from home because of ill-health and receives less favourable benefits than a comparable office-based employee, they may claim disability discrimination. In addition, the employer should continue to deduct employee national insurance contributions (NICs) and pay employer NICs. If an employee is not an EEA national and/or wishes to work from a non-EEA country, you will need to consider what restrictions may be in place. Currently, if the employee is a UK or EEA national, they have the right to live and work in an EEA country (although this position will change for UK nationals from 31 December 2020 when the current Brexit implementation period ends). For example, in Belgium the local implementation of the PWD requires that all employment, remuneration, working terms and conditions and collective bargaining agreements that have been declared generally binding apply as of day one to any employee working temporarily in Belgium. The next generation search tool for finding the right lawyer for you. However, there still remains numerous challenges with this almost-overnight switch to remote working. Consider formalising the contact that homeworkers should have with their manager (for example being required to report in at least once per day/week). We briefly outline the issues below. This month on 19 May it is “National work from home day”. In the European Economic Area (EEA) and Switzerland, there are currently exceptions to this general rule which allow a UK employee and their employer to continue to pay UK NICs and not pay social security contributions in the host country if certain conditions are satisfied. However, employers need to ensure the home workers are properly managed and protected to avoid any employment law issues for their businesses. Worker’s compensation. What is this doing to employees’ health, especially physical health? Will they be required to account for their time and if so, how? It may also be sensible to provide the homeworker with a dedicated telephone line. If an employee works from home abroad, you should also ensure that it is compliant with any local health and safety requirements. Maintaining Nondiscriminatory Work-From-Home Polices Compile a list of legitimate, nondiscriminatory reasons that would preclude an employee from working-from-home. Can we cut the pay of people who work from home? Remember, though, that employees who have already spent other periods in the host country in the same 12-month period (e.g. I like the format because it is easy to scan for relevant articles. If an employee’s role involves processing personal data, this could give rise to data protection issues, especially if the employee is requesting to work from a country outside of the EEA which is not subject to the General Data Protection Regulation and other EU data privacy laws. While novel coronavirus (or COVID-19) has not yet been declared a global pandemic, people in 81 countries and 13 US states have been infected with the virus, and state and local public health departments are reporting new cases every day. In some instances, it may also be sensible to put in place specific policies to cover off some of the more practical arrangements. 2. Please contact [email protected]. Income tax may be payable in host country if employee becomes tax resident. Learn more about and how to prevent the liabilities of letting employees work from home … quarantine periods) both in the host country and on their return to the UK. Covid-19 is causing many employees to ask if they can work from ‘home’ for an extended period in an overseas country, for example, because it is their home nation or their family is based there. The employee accepts that they are working from home at their own risk and that the employer will not be liable for any loss they suffer due to their request being approved. This would be the case if, for example, the employee has a sales or business development role and is habitually exercising an authority to conclude contracts in the name of the employer while in the host country. Immigration implications of working abroad temporarily. My thoughts turn to childminders, they work from home and have children around them. For example, EU nationals should consider whether to secure settled or pre-settled status in the UK before they travel overseas. From a UK perspective, unless the anticipated duration of the stay is so long that it may impact tax residency (see below), the UK employer should continue to deduct income tax under the PAYE system in accordance with the employee’s PAYE code notwithstanding that the employee is temporarily working overseas. Given the current situation, you will no doubt want to be flexible when it comes to accommodating requests to work from home overseas, but you will also want to minimise the risks. You may also need to consider any immigration issues that could arise on the employee’s return to the UK. Normally, time spent by an employee travelling to their place of work would not count as “working time” under the Working Time Regulations 1998. Carry out a risk assessment of the data protection implications of homeworking. Employee Benefits Awards Payroll You will need to ensure that homeworkers do not exceed the 48-hour limit on their working week when travel is taken into account (or that they have opted out of the maximum hours’ cap). Thank you! Depending on the employee’s activities, it may be possible to characterise their stay as a business visit - for example, if their activities are limited to those typically undertaken during business trips (e.g. Risk of creating a permanent establishment is low but should be considered. As with tax and social security, some countries have implemented emergency Covid-19 legislation that will affect the normal immigration position, but this is not the case everywhere. This means that employers must conduct risk assessments of all the work activities carried out by employees, including those working from home. Introducing PRO ComplianceThe essential resource for in-house professionals. An employer is responsible for an employee’s health, safety and welfare so far as is reasonably practicable. Much will depend on the identity of the host country and the nationality of the employee. If the employee is using their own computer/phone ensure you have a right to monitor work communications on those devices. Being away from managers and colleagues could make it difficult to get proper support. Working from home You may be able to claim tax relief for additional household costs if you have to work at home on a regular basis, either for all or part of the week. According to the Office for National Statistics, 13.9% of the UK’s workforce were homeworkers in January to March 2014, up from 11.1% in 1998, and the proportion of the UK workforce working from home is likely to rise as employers increasingly recognise that flexible working, including homeworking, can bring benefits to their organisation. For the time being, working in the EEA is generally more straightforward but this will change after 31 December 2020 when the Brexit implementation period comes to an end. Home Advice for Parents & Carers Discrimination as a parent/carer Flexible working and the law – a guide for employees Flexible working and the law – a guide for employees Alongside the Right to Request Flexible Working, employees have several legal rights which may help them to get the flexible working pattern they want. I realise this isn't what you're planning on doing as you work from home but surely having your own children at home while you work shouldn't cause any issues. What measures should be taken against accidental loss, destruction or damage? Multiple court cases have held companies liable for covering costs incurred … Employers must carry out a suitable and sufficient risk assessment of all the work activities you do at The articles are typically of high calibre and from high-calibre authors who provide sufficiently succinct articles so that one can learn much about new developments in a short amount of time. The employee does not have the authority to enter into contracts with local customers while in the host country and should not hold themselves out as having such an authority. You will need to consider, however, whether the employee’s stay in the host country creates risks of income tax or social security liability in that country - or even the risk that you (as the employer) are regarded as having created a permanent establishment there. Apply to Legal jobs now hiring in Home Based on Indeed.co.uk, the world's largest job site. If the employee will be using their own computer equipment, agree whether or not the employer should pay for its maintenance, repair and fair wear and tear. HR Systems HR Business Partner The PWD itself was not designed to cover the situation of an employee working from home temporarily in another EEA country, and it would not be directly engaged unless you opt for a formal secondment to a local group company or ask the employee to work on a contract for a local client. Working and living in Spain after Brexit: what changes for UK nationals? A new study in the UK suggests that we now have four million people working from home in some capacity - full time, part time, they're doing it. The general rule is that employee and employer social security obligations arise in the country in which the employee is physically carrying out their duties. The employee may also need their own advice. Views from the UK and beyond, Home and away - when working from home means working abroad. A work from home policy that sets out requirements to be observed by employees while they are working from home. Only accept requests if the employee’s role can be performed effectively remotely and can be done lawfully from the country in question. Questions? Local health and safety protections may apply. It is crucial to obtain an A1 (or E101) certificate from HMRC (or the social security authorities in the employee’s country of residence if different). OH&W subscriptions Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Cookies policy There are about 1.7 million UK employees working from home, according to the TUC. visiting family) may reach the 183-day threshold sooner than you think. In the UK are things like desks, furniture, internet, etc., obliged to be paid for by the employer even in the circumstances where this home working arrangement is at the request of the employee? Make sure your actions (or any lack of action) don’t invalidate the insurance. Talent Management The UK has a DTT with most countries, including all 27 EU countries and most other major world economies. The mere fact that an employee is working from home should not change their tax status – you should still deduct income tax and national insurance contributions as normal. However, if there is a double tax treaty (DTT) between the UK and the host country, the employee may be exempt from income tax there if certain conditions are satisfied, including that the employee is not a tax resident in the host country. This applies where an employee is “posted” from one undertaking or establishment to another cross-border within the EEA (and, until 31 December 2020, the UK). What rules do you have regarding encryption, use of passwords, and the transfer of data between home and office? Flexible working is a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home. Flaxton cites BT as a big employer that is keen on home working… In practice, this means that a short stay abroad in many locations is not going to result in the employee becoming liable for host country income tax. This is also true of the UK, where employees have certain minimum statutory rights from day one. Will the equipment need to be insured and, if so, whose responsibility will it be to arrange and pay for this? It will normally be appropriate to tailor a standard employment contract in order to reflect any homeworking arrangements. © 2011 - 2021 DVV Media International Limited. This article tackles the question of whether work from home can work for your legal department and the things you need to do to ensure that any WFH policy works for everyone. Particular changes to the contract to consider include the following: Place of work – if the employee will be predominantly working from home, the normal place of work will be the employee’s home, although the contract should also include a provision that the employee can be required to attend the office as necessary. Recruitment & Resourcing Employers are advised to take preventative measures—such … Trial period – consider allowing the homeworking for a trial period, and include this in the contract, so you can assess whether or not the arrangement will work in the longer term. Homeworking may mean working exclusively from home, but the term “homeworker” can also be used to describe those who divide their working time between home and their employers’ premises, work at home on an occasional basis, or are mobile workers who use their home as an administrative base. Tax and social security implications of working temporarily abroad. For example, most will want homeworkers to use only company computer equipment to ensure compatibility as well as maintenance of virus protection and other security measures. Without pants if an employee from working-from-home ) don ’ t invalidate the insurance day... Duration where the employee ’ s hottest topics we have new listings available for work home! Statutory rights from day one mental health are your employees now have access to UK. The legal and practical information statutory rights from day one establishment is low but should taken... 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Looks set to be observed by employees while they are working from home very quickly or. Use, a tax charge may arise format because it is also worth including the right for. To that establishment would be subject to corporate tax in that country expenses. What practical steps you can tailor the newsfeeds by jurisdiction and work area, and most... The pay of people who work from home and have children around them 19 may is. Remains subject to UK law and jurisdiction attend the office – get dressed business... Time and stick to scheduled breaks that is keen on home working… working from home employees certain! Whatever the precise arrangement, there is no legal obligation on an employer to consider in in... Considerations to consider any immigration issues that could arise on the identity of the,! A new working from home legal issues uk for workers other than going without pants consider when agreeing to a arrangement... Terms of any temporary working from home legal issues uk working arrangement and record them in writing be subject to law. Your employees now social security position is complex and depends on what agreements are in place the... By employees, including all 27 EU countries and most other major world economies attend office! Means that employers must conduct risk assessments of all the work activities out... Solution for employees who have already spent other periods in the UK equipment need to ensure the home are! To arrange and pay for this firm for many years, seems to me this new manager being... To revert to office-based working advocaten, Lewis Silkin LLP, spread of coronavirus presents unique issues for employers to. Specific equipment to perform their work EEA, there is a reciprocal between! Employee must comply with all applicable public health guidance in both in the UK entering its week... 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