This is a complex area of employment law and there are a number of factors in determining whether or not British employment law and taxation law cover workers employed overseas. There are other issues such as:
- local tax;
- immigration and visa requirements;
- health services;
- health and safety;
- occupational pensions;
- impact of overseas residency on your UK tax status;
- impact on your children’s ability to access student finance in the UK to fund higher education fees and maintenance loans;
- impact on the size of your UK state pension (35 complete years of National Insurance contributions or credits are needed for a full state pension, and 10 complete years are needed to qualify for any state pension at all. Voluntary NICs can be paid in to make up for missed contributions when you return to the UK. There is a window of time within which you can do this. Contact the Pensions Advisory Service for more information); and
- your residency status and its impact, for example, on your ability to access the NHS and to vote.
For UK-based organisations, any requirement for employees to work abroad for at least a month must be included in the written statement of particulars. This should be issued to all employees within one month of starting work. It should specify:
- how long you are expected to work abroad;
- the currency of payment;
- any additional payment; and
- the terms and conditions of employment on return to the UK.
Workers should seek further specialist advice to find out their precise position.