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15 October 2020 / Juliet Carp
Issue: 7906 / Categories: Features , Covid-19 , Employment , Profession
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Home (working) & Away

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Working at home from abroad—what should employers, employees & their lawyers know? Juliet Carp identifies some of the legal pitfalls & offers some practical suggestions

In brief

  • Challenges of homeworking abroad: first stop immigration.
  • What should a diligent employer do? Global mobility compliance.
  • Where do lawyers come in? Recognising limits.

A lot has been written about homeworking and most of it applies equally to people working ‘virtually’ from abroad. After all, if you are working from home via the internet does it really make a difference if your home happens to be somewhere sunnier or closer to family overseas? The short answer is ‘Yes, it does!’. Extra compliance challenges and costs can be very substantial indeed. While it may make sense to address these when making a strategic decision to move into new markets, it rarely makes commercial sense for one individual who would simply prefer to be somewhere different.

Challenges

So, what are these challenges? First stop immigration, because without immigration compliance, both employee and employer (and sometimes

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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