Overseas remote working briefing note

Legal guidance on employing NHS staff working remotely overseas.

27 September 2022

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We have commissioned Capsticks LLP (and partners) to develop a range of legal guidance in response to questions raised by NHS workforce leaders about the legalities and practicalities of overseas remote working arrangements.

As the working landscape has altered both during and after the height of the COVID-19 pandemic, more employees are now requesting to work flexibly and from agile locations. This may extend to employees choosing to move overseas and work remotely if their role permits this.  

This briefing note outlines the considerations that NHS organisations should factor into their decision-making process before agreeing to employees working internationally, including the legalities and practicalities of overseas remote working arrangements.

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

  • contractual terms
  • employment rights
  • immigration conditions
  • data protection and data transfer
  • social security, pension and tax arrangements.

It should not be relied upon as advice for specific cases. Given the complexities involved, it is essential that advice is sought on a case-by-case basis in respect of overseas working.

Take a look at the briefing.

You can also read our FAQ page on completing pre-employment checks in these circumstances (under the general questions section). 

Please note: although this guidance was commissioned by NHS Employers, it was written and is owned by Capsticks LLP (and partners).