Working for a UK company abroad

[Selhurst01]

Hi All,

So, this is my first post after finding this forum. To be honest I’m not sure if I even need legal advice at present but here goes.

I work for a rather large IT company and have done for about 18 years. 6 years ago, I asked my management if it would be ok if I relocated to Spain. The answer from 2 levels of management is “You can work from where you like as long as you know you are responsible for sorting out your tax”. I did just that. I was still employed by the UK for the company, and I pay my tax in Spain and requested a 0-tax code from the UK. Both the UK and Spain are fine with this.
About 2 years back the company questioned this. I explained to them the situation and they disappeared. Now, just prior to Christmas they decided that they did not like this. I Still do not have an explanation from the as to what they don’t like. My now manager is trying their very hardest to fix this and get me transferred to the Spanish part of the company. This could take some time probably months and that’s if at all. In a conversation today I was offered 2 options. Move back to the UK (at least for the meantime) or resign. They have also suggested going back to the UK whilst the request for my move to Spain can be completed. This would be very difficult as there really is nowhere to stay there and my wife would still be in Spain. I don’t feel I should resign at all as when I asked if this would be acceptable, I was told yes from 2 levels of management.

I want to be a bit prepared on what I can and cannot respond with. The best outcomes from me are that I stay in Spain, and they get it sorted or if they refuse am I entitled to ask them to make me redundant. I have a feeling that they are rather worried that if I don’t like what I hear and get legal people involved they will be in a bit of hot water although I have no idea why.

Any advice and some clarity on what I might need to consider on this would be most welcome.

Thanks

[ULA]

My view would be that you really need to get an explanation of why your working abroad has become an issue. In my view the response you got 6 years ago "You can work from where you like as long as you know you are responsible for sorting out your tax". is not a well thought through one, as there are many more implications than tax for your employer. I am wondering if one of these has now become an issue.

When the company agreed for you to work from Spain what, if anything was put in writing confirming this and where there any conditions put around this in respect of asking you to return to the UK if the business required?

If your position as a UK employee (regardless of where you are performing the work) is one that needs to be undertaken then there is no redundancy situation, as under this process it is the position not the person that is no longer required.

[Selhurst01]

Thanks ULA for your response. So since then they have told me that I am in breach of my contract and that as a UK employee I must work in the UK. To be honest the contract which was my initial contract some 18 years ago does not really say that but it does say I should show that I can work in the UK. Also, the contract is in the name of the company I join and they have since merged with someone else. I still having trouble getting a copy of anything that may be updated since the merger. I've made the initial decision to get back to the UK and work from there whilst I gather my thoughts and see what my options are.
As it was so long ago I cannot see any emails that can confirm their agreement. I think so that with a push they may admit to it. It's not like I just got up one morning and cleared off to Spain on a whim. I.E. They knew.
Basically they want to make cutbacks and it appears they are turning the screw to get people to leave on the cheap.
If I can prove that I was given permission to go from a manager then does this stand me in any better position or am I then just calling someone else out for no reason?

TIA

[atticus]

Tia, surely your contract was varied by agreement at the point you have described about 6 years ago ... all you have to do is find evidence that they knew and agreed.

[Selhurst01]

Thank you Atticus, So, if I can find a way to prove that it was agreed you think I have a case? In your opinion is this worth now getting paid legal advice ?

TIA

[atticus]

You may have a case. Whether you should now get paid legal advice is a matter for you. I don't suppose that you have any UK legal expenses insurance cover?

[Selhurst01]

Thanks Atticus,
I'm actually a Steve. (By TIA I meant Thanks In Advance. )
Anyway, no, no legal expense cover. I have at the moment returned to the UK leaving my wife in Spain for the present just to gather my thoughts and work out my next steps. If I understand correctly now then I guess I need to get either proof or have the people who agreed for this move to speak up. Personally now I'd like them just to let me go but I'm not sure how I can push that with them. I have also since discovered some emails that shows that HR knew where I was some 2 years ago but did not act on the information. Can this be used in my favour ?

Thanks

Steve

[atticus]

The information you have now discovered can of course be used.

My suggestion would be that you put your case firmly and clearly, with a dossier of evidence showing that the company knew about your location all along. Make it hard for them to deny!

Once you have done that, you might want to work round to asking them if they are trying to get rid of you... you want to work round to suggesting they might like to make you an offer that you can't refuse. But if you are going to go down that route, plan carefully. In particular build a strong presentation of your position. When I had to do that - about 30 years ago - I first of all had the HR director really squirming.

[Selhurst01]

Hi Atticus, I'll start working towards this as it appears to be my best solution. And theirs hopefully.
Once again thank you very much for your help and sharing your knowledge.

Cheers

Steve