Remote working out of the UK

[konsultant]

Hi,

I am currently in an inside IR 35 contract through an agency on a PAYE basis.

I wanted to travel abroad for personal reasons and work remotely from outside the UK.

I asked my client and they said they do not have an issue but asked me to speak to the agency. The agency has told me that I am not allowed to work from outside the UK. Can an agency enforce such restrictions?

Does anyone know what the rules are? Previously when covid started many did work from outside the UK. The client has a policy to look at it on a case by case basis.

What are my options please ? Thanks

[SueEllen]

You need to do what your employer says.

Who is the employer in your situation - the agency?

Personally I would have got written permission from the client that they are happy for you to work remotely outside the UK before I went to the agency to request it in writing.

Oh and do you like gladiators?

[konsultant]

Correct, the employer is the agency.

The client advised they do not have an issue but since I am employed by the agency it is for them to approve. So I am unsure what my options are and if the agency is within their right to prevent me from working remotely when the client is OK?

Thanks

[BlasterBates]

The problem is you are working for the agency in a foreign country. In the country you work in it may or may not be legal and could potentially land the agency into trouble. If you want to work abroad just go don't say anything and don't stay too long.

[NotAllThere]

So I am unsure what my options are and if the agency is within their right to prevent me from working remotely when the client is OK?

Imagine your an employee of a large consultancy. You are contracted out to some retail company. They're happy with you working from abroad, but your employer says no.

That's your situation. Why on earth would you imagine they can't tell you where the work must be performed?

The problem is you are working for the agency in a foreign country. In the country you work in it may or may not be legal and could potentially land the agency into trouble. If you want to work abroad just go don't say anything and don't stay too long.

TBH, it's unlikely the agency would be in trouble, but yes, the OP would need to be registered in that country, allowed to work their, and pay tax and social contributions there.

Go for a week or two, and nobody cares.

Longer than that any the agency may be troubled paying tax and NI in the UK, when you're also paying it over there.

[Mordac]

Hi,

I am currently in an inside IR 35 contract through an agency on a PAYE basis.

I wanted to travel abroad for personal reasons and work remotely from outside the UK.

I asked my client and they said they do not have an issue but asked me to speak to the agency. The agency has told me that I am not allowed to work from outside the UK. Can an agency enforce such restrictions?

Does anyone know what the rules are? Previously when covid started many did work from outside the UK. The client has a policy to look at it on a case by case basis.

What are my options please ? Thanks

If there is a restriction is in the contract, then yes. Have you read your contract in full, including small print T&Cs?

[SueEllen]

I know from working abroad with people with different worker statuses including employees that some countries care from day 1.

[konsultant]

If there is a restriction is in the contract, then yes. Have you read your contract in full, including small print T&Cs?

Thanks, no I had a read and there is no such restriction.

[BlasterBates]

TBH, it's unlikely the agency would be in trouble, but yes, the OP would need to be registered in that country, allowed to work their, and pay tax and social contributions there.

That would be the reasoning. Plenty of UK companies who sent their employees to Germany got into hot water. From a legal perspective there would be no difference if the employee is working from a hotel or in a company. Responsibility would be with the agency to register and pay according to the country's rules. If they strictly instruct the employee not to work overseas, they probably would be in the clear. Therefore I think the OP should just do it and not stay no long enough for it to be a problem.