Home Login E-newsletter About us Subscribe

Home (working) & Away

15 October 2020 / Juliet Carp
Issue: 7906 / Categories: Features , Covid-19 , Employment , Profession
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.


So, what are these challenges? First stop immigration, because without immigration compliance, both employee and employer (and sometimes family too) may face a host of sanctions ranging from deportation, fines and detention

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content
11 new recruits join Manchester-based Slater Heelis within six months
New Commercial Partner for Thomson Snell & Passmore
Seddons appoints a new Partner and Head of Construction
The Courts and Tribunals Judiciary has published the speech made by the Lord Chief Justice, Lord Burnett of Maldon, at the Association of District Judges Annual Seminar on 11 June 2021. 
HM Courts and Tribunals Service (HMCTS) has updated its operational summary on court and tribunal operations during the coronavirus (COVID-19) pandemic. 
The Home Office has published updated technical notes that provide informal and non-statutory guidance on immediate detriment cases as part of the litigation in The Lord Chancellor and Secretary of State for Justice v McCloud; The Secretary of State for the Home Department, the Welsh Ministers and Others v Sargeant [2018] EWCA Civ 2844 (the McCloud/Sargeant judgment). 
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection
The Law Society is seeking views on its response to the previously announced HM Revenue and Customs (HMRC) call for evidence on the value added tax (VAT) rules which relates to land and property