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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70357
Experience:  Qualified Employment Solicitor
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What could happen if a permanent contract of employment to

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What could happen if a permanent contract of employment to work full time as an employee as a software developer mentions that the work will have to be performed from the Uk but the employee is then granted the permission to work from home and thus he travel and works remotely from another country without informing the employer about this and for some reason then in the future the employer gets notice of this, what could be the consequences or penalties that the employee could face on that situation?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Are you the employer or employee? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 15 days ago.
Customer: replied 15 days ago.
All the contract says regarding place of work is that i will be based at london in uk and that i might be required to travel abroad
Customer: replied 15 days ago.
also it says that i should inform the company if i dont have the right to work in the uk anymore

Many thanks for your patience. How long have you worked there for?

Customer: replied 14 days ago.
6 months
Customer: replied 14 days ago.
Customer: replied 14 days ago.
Still on probation

The main risk for the employee in these circumstances is that they are disciplined and potentially even dismissed for breaking the employer’s rules. Which way it ends up is entirely up to the employer. For the next 18 months, the main issue is that as you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 13 days ago.
thanks so the only risk is to be dismissed? And if i am dismissing for that reason, then is there some risk that i would have to indemnify or pay some money to the employer for my conduct of working from another country without notifying them? Or worst case i would only loose my job and that is all?
Customer: replied 13 days ago.
i am dismissed for that reason

Hi, they cannot force you to indemnify you unless they have actually suffered losses as a result of your actions, which is unlikely. So I would say that the worst case is still most likely dismissal rather than anything beyond that.

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