New Legal Guidelines For Overseas NHS Remote Employees

NHS remote work
Photo by Luke Southern on Unsplash

NHS Employers has asked Capsticks LLP (and partners), a law company, to create a guide on hiring employees who work remotely from outside the UK. This is in response to inquiries concerning the legality and viability of international remote working agreements made by NHS workforce leaders.

As a result of the COVID-19 pandemic’s peak and the subsequent changes to the workplace environment, more workers are now asking to work flexibly and from various places. If their job allows them, individuals may also choose to relocate abroad and work remotely.

In keeping with this, firms are looking at alternate strategies to hire permanent workers from further away, such as hiring employees who are already based abroad and have remote work capabilities.

The guidance covers a number of legal factors to consider including:

  • Contractual terms
  • Immigration conditions.
  • Employment rights.
  • Data transfer and protection.
  • Tax arrangements, social security and pension.

The suggestions should not be taken as guidance for particular situations. Given the difficulties, it is important to obtain advice for working abroad on a case-by-case basis.

A further update on the terms and conditions surrounding the agile/home working advice will be provided soon. This is being worked on by the Staff Council.

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