Posting UK staff overseas

Employment rights may vary for employees who work overseas depending on their personal circumstances and the country to which they are travelling.

Where a current member of staff employed on UK terms and conditions and normally based in the UK is posted overseas they do not automatically lose their UK employment rights.  In addition they may gain additional employment rights based on the legislation of the country they are posted to.  For example, within Europe, the Posted Workers Directive (1996) provides protection to workers being sent on assignments to other European Union member states for up to a year to ensure that the terms and conditions of work meet the legal minimum of the country to which they are posted.  This includes hours of work, minimum pay and health and safety.  This means that employees could potentially be entitled to enhanced terms and conditions of employment while on assignment to another EU state.  While it is unlikely to be a significant issue for staff on University terms and conditions of employment  it should be noted that some European states offer significantly more generous maternity provisions than the current UK provisions.

When a member of staff is required to work outside the United Kingdom for more than one month the University has a statutory requirement to provide them with details of their rights during the period of overseas employment including the currency they will be paid in, the period they will be based overseas, additional allowances and arrangements for return.
Once the changes have been agreed, HR Services will issue a letter to the employee formally advising them of the changes i.e. workplace location, etc.

ACTIONS
Manager is responsible for the Health and Safety of employee

HRBP/Advisor to provide details of employee’s employment rights whilst overseas including any increased country specific rights and arrange for a letter to be sent to the employee confirming the details