If you work for a UK company but you’re based abroad full-time or part-time, you may wonder whether you are entitled to the same rights as UK employees.
The answer depends on various factors.
The first step is to check your employment contract, as it might include wording like this:
This agreement is governed by and shall be construed in accordance with the laws of England and Wales.
If yes, you’re most likely protected under UK law. You might also be covered even if the statement mentions a different legal jurisdiction, or doesn’t mention one at all.
Example
MBT Transport Ltd employed Mr Bleuse as a lorry driver. The company is based in the UK, while he worked mostly in Austria and Germany.
He wanted an English employment tribunal to hear his case about working time. This was allowed even though it wasn’t stated in his contract, because he was covered by the EU Working Time Directive.
Unfair dismissal
If you think you’ve been dismissed unfairly, you might have the right to make a claim in a UK court.
The case of Serco v Lawson set a precedent for what happens in unfair dismissal cases where the employee is based overseas. It gave rise to three categories of overseas workers who are covered:
- You ordinarily worked in the UK
- You moved around for work but your base was in the UK
- You lived and worked abroad – but only if you were working in a UK embassy or military base, or you were the foreign correspondent for a British publication
You might also be covered if you have an “equally strong connection” with the UK.
Example
Mr Ravat was employed by a multinational company based in London. For three years, he worked in Libya for 28 days for a German subsidiary, followed by 28 days on leave at home in Preston, UK. He wasn’t accorded expatriate status, because he was paid expenses to cover his commute. He was later posted to Algeria before being made redundant.
The court decided Mr Ravat was entitled to claim unfair dismissal under UK law because:
- His home address was in the UK
- He was paid in sterling
- He enjoyed the same pay and pension structure as his UK-based colleagues
- His employment contract stated it was governed by UK law
- The HR team who handled his employment and termination were based in the UK
What this means to you
Even if you work overseas, you might be covered by UK law if you have a “substantial connection” to the UK. This will depend on the precise circumstances of your case, and is decided on the reality of your employment situation, not what’s written on paper.
As always, the legal position is more complex than you might imagine. If you have any questions, of course, we can help.
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