The current conflict in the Middle East has left some employees temporarily unable to return to the UK as planned.
Airspace closures, suspended flights and changes to cruise itineraries are disrupting international travel routes with little warning, preventing individuals from leaving affected regions. Government travel advice is also rapidly changing.
Employers and HR teams now facing this situation are often dealing with several issues at the same time, including employment status, immigration compliance, employee welfare and potential tax exposure. In some cases the employee may have been travelling for business, while in others the disruption may affect employees who were abroad on annual leave or personal travel.
The appropriate response will depend on the reason for the disruption and how long the employee is likely to remain overseas. In many cases the situation resolves quickly, but longer delays may require more careful management and planning.
Managing absence when an employee is stranded abroad
An early priority for HR is determining how the employee’s absence will be handled from an employment law perspective. Where the employee cannot travel back to the UK because of circumstances outside their control, employers often initially treat the absence as authorised and continue paying salary. This approach helps maintain continuity of employment and reduces the likelihood of disputes while the situation stabilises.
HR should review the employee’s contract and internal policies to understand the options available if the disruption continues, which may include considering whether the employee can continue working remotely, whether paid or unpaid leave arrangements apply and whether annual leave may be used if the delay becomes prolonged.
If the employee can carry out their duties remotely, employers should expect work to continue. If work cannot be performed from the overseas location and the disruption extends beyond a short period, HR may need to consider alternative arrangements such as unpaid leave or discretionary paid leave.
Immigration compliance and right to work
For employees who hold permission under the UK immigration system, unexpected overseas delays can also raise immigration compliance questions.
Employers sponsoring workers under routes such as the Skilled Worker visa are required to monitor sponsored employees and keep appropriate absence records. An unexpected delay overseas will not normally create a compliance breach, but HR should record the reason for the absence and retain evidence explaining why the employee is temporarily outside the UK.
HR teams should also review whether the employee’s immigration status could be affected by the delay. For example, employers should check the visa expiry date, ensure the worker continues to meet sponsorship requirements and consider whether an extended absence could affect future applications that rely on continuous residence.
If the employee is unable to return before their UK visa expires, specialist immigration advice may be needed to assess the available options.
Employers should also be aware that if a worker’s visa expires while they remain overseas, the individual will normally need to obtain fresh entry clearance before returning to the UK and resuming employment. In these circumstances, the employer should ensure that a new right to work check is carried out once the worker returns with valid permission.
Employee welfare
Employers retain a duty of care towards employees travelling for work and should also consider welfare implications where employees become stranded during personal travel.
If an employee becomes stranded abroad, HR should confirm that the individual is safe and has access to practical support. The employer should check whether the employee has access to safe accommodation, funds and reliable communication. Maintaining regular contact with the employee can help ensure that HR remains aware of any welfare or safety concerns as the situation develops.
Insurance and travel provider support
Employers whose staff travel regularly for work may have access to assistance through corporate travel providers or business travel insurance policies. These arrangements sometimes provide support such as emergency travel rebooking, accommodation assistance or evacuation services where travel routes are disrupted.
HR should check whether the organisation’s travel provider or insurer offers support services that could help employees return home safely.
Managing operational disruption
When an employee is unexpectedly stranded overseas, teams may need to adjust workloads and project planning. Managers may need to redistribute urgent tasks, arrange temporary cover or adjust deadlines where projects depend on the affected employee’s involvement. Strong communication across teams can help minimise disruption and ensure that workloads remain manageable while the employee is absent.
If travel disruption affects multiple employees at the same time, HR may need to coordinate a broader response across the organisation.
Tax and payroll considerations
Working from another country, even temporarily, can raise tax and payroll questions.
Short periods of unexpected overseas working rarely trigger immediate tax consequences. However, if the employee remains overseas for a longer period and continues to perform work duties there, employers may need to consider whether local tax or payroll obligations arise.
Issues that may need review include whether payroll withholding obligations apply in the host country, whether local social security contributions become payable and whether extended time abroad could affect the employee’s tax residence status.
In some cases, employers may also need to consider whether the employee’s activities could create permanent establishment exposure in the country where they are located, although this usually arises only in more substantial or
sustained situations.
HR should therefore keep track of how long the employee remains overseas and seek tax advice if the disruption becomes prolonged.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
