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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working for a UK company for over 25 years. A

Resolved Question:

Hi,
I have been working for a UK company for over 25 years. A year and a half ago I moved overseas but continued to work for the company remotely. This was agreed in writing and I remained on the UK payroll and paid UK taxes.
The company is now asking me to resign and continue working for them on a contract basis because they say that their auditors have indicated that I should not be on the UK payroll and they do not have a subsidiary in the country that I am in.
They have sent me a copy of the contract and essentially it states that the time I can bill them for is variable based on demand.
My concerns are:
1. Is it a legal requirement for them to remove me from the UK payroll or is this auditor advice simply a means to switch me to a contract role.
2. My rights under the contract are much diminished from those under employment. Is this an attempt by the company to make me redundant whilst avoiding a payout. If so, what can be one about that.
I think this is all in good faith, but I am aware that my rights change significantly and that this is being driven by the employer, so I'd like to check if I have any options here.
Thanks
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 months ago.

Are they offering you any redundancy?

Expert:  Ben Jones replied 7 months ago.

Hello I received your reply in a separate question - could you please keep your responses to this specific thread and we can continue on here. I will jyst aste your post for my reference here for now:

Hi Ben, no they are not offering any redundancy, they are offering to change my permanent employment contract to, well I guess it would be called, an indefinite temporary contract

One more question - I presume you are working as an employee now rather than self employed?

Customer: replied 7 months ago.
Hi Ben,Yes currently I am a full time permanent employeeRegardsPaul
Expert:  Ben Jones replied 7 months ago.

Thank you. It is not a formal requirement that someone working overseas has to be taken off the employer’s UK payroll. It is entirely possible for them to remain on there and whilst the employer could decide to remove them due to personal or business preferences, it is not a legal requirement. Some more detailed reading on the subject can be found here:

http://www.hrzone.com/perform/people/employing-people-overseas-tax-and-social-security-considerations

If you are going to be moving from an employee position to a self employed one then that would amount to a dismissal. If there was a formal legal requirement to move you away from UK payroll then they could have justified this for a reason other than redundancy but in the circumstances they may be trying to make you redundant from an employee position and have fewer obligations, such as no holidays, sick pay, redundancy, etc as you do not get these as a contractor.

I would push for this switch to be made as a redundancy where you are paid a redundancy payment and given your notice period before agreeing to change to a contractor. At least then you would be compensated for giving up certain rights.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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