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Topic: Contractual clauses

work outside the UK clause
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Work outside the UK clause

Work outside the UK clause

If an employee is to be posted overseas for more than a month, as part of their written statement of employment particulars, you must provide details of the duration of the posting, the currency their salary will be paid in, any additional pay and benefits to be provided and any terms and conditions relating to their return to the UK. Our clause covers all these matters for you.

Statutory requirements

Section 1 of the Employment Rights Act 1996 states that where an employee is required to work outside the UK for more than one month, you must include the following details in their written statement of employment particulars:

  • the period for which they’re to work outside the UK
  • the currency in which their remuneration is to be paid while they’re working outside the UK
  • any additional remuneration payable, and any benefits to be provided, by reason of their being required to work outside the UK
  • any terms and conditions relating to their return to the UK.

Overseas work

You can add our Work Outside the UK Clause to the employee’s written statement, or employment contract, in circumstances where they’re to be posted overseas for more than a month and you already know this at the start of their employment. If, however, the need to work overseas arises later, you must provide the employee with the changed terms by the earliest of: (1) two months after the date on which their employment began, (2) one month after the change was made to their terms, and (3) the date on which they leave the UK to begin work overseas. Plus, you need the employee’s consent as it’s a change to their employment contract, so get them to sign a side letter as evidence of their consent to the proposed change.

Clause wording

Our clause covers all of the statutory requirements discussed above - you’ll just need to insert the relevant details which will apply in the employee’s particular case. We’ve also given you an absolute discretion to change the period of the posting, for in case it ends up being shorter or longer than originally anticipated. In addition, we’ve inserted a provision covering bank and public holidays, confirming that the employee will get the bank and public holidays in the particular country they’re posted to, rather than those in England and Wales. As far as terms and conditions relating to their return to the UK is concerned, this might cover matters such as which place of work the employee will return to, confirmation that terms specific to the overseas posting will cease when they return to UK and any contribution that you might agree to make towards their possessions being returned to the UK.

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