Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Legal Q&AEmployment lawRecruitment & retention

Legal dilemma: seconding staff overseas

by Hannah Ford 26 Sep 2008
by Hannah Ford 26 Sep 2008

I’m an HR director for a UK company that has, at any one time, about 350 staff seconded to various overseas locations. What are my employer’s duties regarding briefing and advising such employees on legal issues and custom and practice that they may face in the countries in which we send them to work? Or is it down to the employee to be aware of such information?


There is no minimum information enshrined in UK employment legislation that you are obliged to provide. However, to ensure the secondments are successful, it would be sensible to ensure to flush out as many potential issues as possible before it begins.


Much will hinge on the length of the secondment, the jurisdiction to which the employee is being sent and the cultural differences that are likely to apply. You should clarify the contractual provisions that will continue to apply during the secondment and ensure the employee concerned is aware of any additional responsibilities, employment laws, policies or rules they will be expected to abide by.


If there are written codes of practices, regulatory requirements or dress codes then you should consider varying the individual’s contract or putting in place a separate agreement to expressly require that they comply with them while overseas. To avoid discrimination liability, if the host country has more generous entitlements such as annual leave or family-friendly provisions or financial benefits, you should consider how such inconsistencies would be dealt with.


Cultural differences can be an area for potential exposure, particularly those that affect female employees. It is in both parties’ interest to ensure that employees know what to expect and you should ideally support and encourage the process of familiarisation with customs, taboos and potential threats.


One way of approaching this may be to arrange for relevant staff to speak with an employee who is working in the host organisation before the secondment starts to discuss any concerns. Given the practicalities of briefing 350 employees, you may wish to standardise the briefing process as far as possible, perhaps by arranging collective briefing packs, presentations, or setting up an overseas buddy scheme. Some larger organisations facilitate virtual online tours of popular host countries.


In some circumstances, the employer can be liable for the conduct or unlawful acts an employee commits while overseas. Anticipating potential issues jointly with the employee, is likely to be mutually beneficial in helping to avoid disputes arising once the secondment has begun.


Hannah Ford, associate, Stevens & Bolton

Avatar
Hannah Ford

Hannah Ford is a senior associate in the employment team at Stevens & Bolton.

previous post
Indirect discrimination: Rainbow v Milton Keynes Council
next post
Heyday retirement age challenge is far from over

You may also like

A third consider job move due to cost...

17 Aug 2022

Real wages fall at sharpest rate on record

16 Aug 2022

Degrees less important to employers with entry-level vacancies

16 Aug 2022

PwC drops 2:1 degree class requirement

15 Aug 2022

Hiring boom set to slow as employers come...

15 Aug 2022

July saw highest number of job adverts for...

12 Aug 2022

Uber has more drivers than ever as worker...

11 Aug 2022

Economic outlook slows hiring despite skills shortfalls

5 Aug 2022

CIPD: Stop using degrees to screen candidates

3 Aug 2022

HMRC looking to recoup £1.4bn from businesses’ use...

1 Aug 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+