Remote working has transformed how we work.
What started as a pandemic necessity is now a permanent fixture, and for plenty of people that means working from another country entirely. But while working overseas may offer greater flexibility, it can also raise important questions about your rights if something goes wrong.
There is the obvious starting point of whether or not you are permitted to work overseas and in accordance with the rules of that country, but there is another question that often gets overlooked: what happens if you're injured while working overseas?
Does your employer’s duty of care apply when working abroad?
The Health and Safety at Work Act 1974 requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees. That duty isn't necessarily limited to the UK. If your employer allows or directs you to work abroad, their obligation to keep you safe travels with you. Each case must be assessed on case-by-case basis and you should discuss this with your employer before you travel.
What must employers do to keep overseas workers safe?
Practically, that means identifying and mitigating the risks of overseas working, just as they would for an office in Edinburgh. They must provide:
- A safe place of work
- Safe equipment and materials
- A safe system of work, including adequate training and supervision
- Competent fellow employees
Many employers assume that once you leave the UK, you're on your own. That's simply not true. Your employer's duty of care doesn't disappear because you're working from Dortmund instead of Dundee. If you're injured while working abroad because your employer failed in any of these duties, you may have grounds for a personal injury claim.
Can you claim if you weren't technically 'at work'?
When you're working from a café, hotel room or rented flat abroad, the line between work and personal time blurs. Was that injury at 3pm during a quick coffee break? Or were you technically still working?
Courts look at whether the injury was sufficiently connected to your job. They'll consider whether you were performing work tasks at the time, whether your employer had directed or authorised the working arrangement, how much control your employer had over the working environment, and whether the injury arose from a risk created by the employment itself.
If you trip over an unsafe cable at a desk your employer set up, you'll likely have a stronger claim than if you're injured sightseeing during lunch. But every case is different. The line can be genuinely hard to draw.
Does an employer’s duty of care cover mental health abroad?
Your employer's duty of care extends to your mental health. Remote workers abroad face particular risks: disconnection from colleagues and support networks, difficulty keeping boundaries between work and personal life, longer hours driven by time zone differences, and limited access to occupational health support.
If your employer knew (or should have known) about these risks and did nothing, you might have a claim for psychiatric injury. Courts don't expect employers to safeguard your mental health against every possible risk, but they do expect a response when risks are known or foreseeable.
How Thorntons can help following an injury abroad
If you have been injured while working abroad, or you are an employer looking to understand your responsibilities towards employees working overseas, our Personal Injury team can help you understand your position and the options available to you. Contact us to discuss your circumstances.
