International Remote Working Policy and Procedure

The University employs staff from across the world and we understand that our staff value flexibility.  The introduction of hybrid working for many roles has made it possible for staff to work remotely and colleagues who have a base overseas may wish to work remotely overseas for a period.   Therefore, we have outlined in this document the circumstances under which the University may approve a temporary request to work remotely overseas.

As an organisation, it is vital that we understand and manage the risks associated with working outside of the UK, which include (but are not limited to) legal issues, tax implications for the University and our staff as well as work authorisations and visa restrictions.

This policy provides clarity around what can be approved in principle (based on Deans and Directors being happy to support these arrangements) and where further advice should be sought to ensure the potential risks are understood and minimised.

The University has introduced this policy to ensure that all staff requests are managed in a transparent, fair and consistent way.  This includes providing a transparent approach for the University to decline such requests.

Exceptions: If there is any reason that a Dean or Director feels that a personal request outside of the agreed criteria should be considered, a further business case and details of potential tax, immigration, social security and Posted Worker Directive risks, and how these will be mitigated will need to be provided.

Further Information 

Eligibility

Short term international remote working is available to all roles that have been identified as having the potential to be ‘hybrid’ under the University’s Hybrid Working Policy.

Staff in senior positions may not be able to carry out some activities of their role from an overseas location - e.g. signing of contracts. Further controls and guidelines will be put in place for this.

An international remote working request is unlikely to be agreed if an employee’ has been advised that any aspect of their performance is unsatisfactory and that they need training and/or supervision to deliver an acceptable quality or quantity of work.

Staff who are within their first 6 months of employment or serving their employment notice period are not eligible to apply.

Staff applying must be UK tax resident.

Work Locations

Staff will be permitted to work;

• In a country where the employee holds nationality or has the right to work. Staff must self-certify this is the case.
• From a home (e.g. a family, 2nd or rented home/ villa) or hotel, as opposed to from an office/partner university premises.

Staff are not permitted to work;

• At any location in India, Russia and China as they are deemed high risk from a tax perspective.
• In any countries that government authorities advise against travelling to (e.g. due to COVID-19, safety, and where sanctions apply etc.) 

Duration

Our staff should adhere to our data privacy and security and health and safety policies when working remotely overseas (e.g. ensuring Wi-Fi connection is secure, avoid working from public places etc.)

A maximum of 30 working days per year - can be taken at intervals throughout the calendar year with the following restrictions;

• A maximum of 10 consecutive working days can be taken at any one time.
• If days are taken either before or after a period of annual leave, a maximum of 5 consecutive working days can be taken.
• Considerations need to be made to ensure that staff who are required to be on campus during particular periods at the request of line managers will need to continue to do so.

The temporary remote working cannot negatively impact the student experience and it is expected that during that period staff must be available for students. 

Staff must therefore continue to be available for work as required and agreed with their line manager

Procedure

Submitting a request

All staff must complete the International Remote Working Request Form.

Prior to completion, the member of staff must have discussed the impact of their request with their direct line management and obtained written approval (e.g. an email).

Where a request for an extended duration or for another purpose other than personal is made, please contact your HR Business Partner.

It is the expectation that staff and the School/Directorate who submit a request have considered the impact of working internationally.    Factors to consider include;

• Timing of the request (is there is an expectation of staff to be at the University)
• Suitability of the job and the impact on the level of service, student experience and effectiveness (e.g. as a result of time zones, connectivity etc.)
• The potential for maintaining good communication with the staff member
• The suitability of the new workspace (i.e. connectivity, appropriate equipment, data security)

Timing of Requests

To ensure that the University has sufficient notice and can complete the required compliance checks (where applicable) all requests must be submitted at a minimum of 10 working days prior to travel. 

Whilst the University will endeavour to respond to all requests within 10 working days, we cannot guarantee approval within this timeframe. Therefore, we recommend that employees book their travel following approval of their request.

It is important to note that without the approval completed, staff must not work internationally for the University. 

Storage of Request forms

The information provided on the form will be stored in compliance with the University’s data privacy and information security policies and will also be used for tracking purposes in order to help the University support the safety of our staff.

Employees must notify their line manager if there are any changes to their proposed travel dates or to their work location as this will need to be re-reviewed/approved by their line manager.

Approval of Requests

On receipt of a request for short term international remote working, line managers should review the request in line with the approval process below. 

This decision tree assumes that the EU Posted worker Directive requirements do not apply on the basis that the employee is working from ‘home’ or a hotel and not a host University/office, has no change to their role and the move is employee-driven.

For cases where a standard stop/go is required the cost of this report is approx. £950 (excl VAT) which will be charged to the employee’s School/Directorate cost centre.  The stop/go report will provide further detail on key risk areas so that an informed decision can be made on whether to approve the request or not. 

Requests for a stop/go report should be sent to Gordon Campbell at g.a.campbell@dundee.ac.uk and copied to your HR Business Partner.

Notification and recording of decisions

It is the responsibility of individual Schools/Directorates to notify staff of the outcome of a short term international remote working request.

Schools/Directorates must record all requests made, approved and declined.

Line Managers are responsible for monitoring the numbers of days international remote working granted to staff to ensure compliance with the policy.

Reporting

Schools/Directorates should be prepared to provide information to HR and Finance as required for reporting purposes.