Sending staff on international business trips

The number of UK workers being sent overseas on business trips is increasing as business becomes more international – either to carry out tasks or meet new or existing customers and suppliers.

A visit might span a couple of days or last for a week or more, yet regardless of duration, employers have a range of legal responsibilities when employees travel overseas on business. There are also many measures employers can take to ensure the health and safety of employees.

---

Employment contracts and policies

As an employer you can ask your employees to work overseas for your company, but if this is a likely requirement it should be written into their employment contracts.

If necessary, amend your employment contracts to detail this need, but remember, there are rules you must observe.

Consider including a clause in your employee’s contract that deals with business trips, for example: “During the term of this agreement, you are expected to work overseas, but not for more than 31 days at a time.”

Unless circumstances are exceptional, an employee can’t easily refuse to work overseas if this requirement is written into their employment contract.

If the employee is working abroad for longer, specific requirements would need to be mentioned, eg applicable laws and payments. However, the wording of the clause would depend on the specific circumstances of the job and employee.

See our guides on the employment contract and how to change an employee’s terms of employment.

Employment rights

While overseas, employees enjoy the same employment rights unless the employee is posted to a European Union state where they must be given the minimum terms for employees laid down in national legislation or in universally applicable collective agreements of the host country.

See the page in this guide on working hours and pay.

Effective policies

You should have a policy that details employee responsibilities while oversees. This should be included in your staff handbook.

It should clearly define what represents unacceptable behaviour. Employees should know that if they are guilty of unacceptable behaviour, they will be dealt with through your existing disciplinary procedures. See our guide on disciplinary procedures, hearings and appeals.

Your policy should also explain other important topics such as claiming expenses, time-off in lieu if applicable, working hours, sickness, emergency procedures and driving.

See our guide on how to set up employment policies for your business.

Making visits more convenient

Working overseas can be less convenient for employees with family or care commitments. Give employees as much notice as possible ahead of trips.

Where feasible, responsibility for overseas trips should be shared between employees. Also consider ways of minimising the impact on other staff while colleagues are away.

---

Working hours and pay

While overseas, employees can rightly expect to work the same hours and receive the same pay as specified in their employment contract.

However, you should check whether there are employment rights or collective agreements in force in the country the employee will be working in that might require you to amend the employee’s contract. For example, under the Posting of Workers Directive, workers posted to another European Union member state must receive the basic key terms and conditions of the member state they have been posted to. For more information, see our guide on the employment contract.

If it is usual practice for your business to pay overtime, employees can claim for overtime where applicable.

See our guide on pay – an overview of obligations.

You might agree to give employees time off in lieu for days worked in addition to those specified in their employment contract. This might also be applied to weekends spent travelling. Such provisions should be explained within your employment handbook.

Employers have a legal responsibility to make sure employees do not work excessive hours. Employees should also be encouraged to take their statutory rest breaks.

---

Health and safety matters

You have a legal responsibility to safeguard the health and safety of your employees. Therefore, on a trip-by-trip basis, you should assess the potential risks facing employees who need to travel overseas to work for your business.

See our guides on what you need to do about health and safety and managing the risks in your business.

You must also be sure employees are fit to travel and work overseas. Before journeying to certain countries, vaccinations are required. The employees should make an appointment with a GP at least six weeks before travelling to find out whether they need any immunisations or medication. Find out whether the employee needs to be aware of any specific health risks (eg malaria), and make sure they have necessary medication.

If the employee is taking prescribed medication, check it is legal in the destination to which they are travelling. Be sure to provide general health advice where necessary, such as the need to drink plenty of clean, bottled water when visiting hot countries.

You must make sure employees are adequately insured against illness and injury while working overseas. Seek professional advice from a broker.

Employees must also know what to do in the event of a medical emergency. Details should be included in your employment policies. Storing the number of local emergency services (ie the overseas equivalent of 999) into a mobile phone is wise. You should have procedures in place should an employee suffer illness or injury while away.

It is also advisable to register with and take the details of the local British Embassy. Find British Embassies on the GOV website [opens in a new window].

Support for British nationals abroad on the GOV website [opens in a new window].

---

Advance research and planning

Having as much advance notice of an overseas trip as possible enables you to make cost-efficient travel and accommodation arrangements.

Make sure employees have valid passports and ensure you leave enough time to apply for a visa if necessary.

Make sure you have comprehensive insurance, covering personal accidents, medical and emergency medical care, cancellations, delays, theft or loss of property, vehicle use, etc.

Also, ensure employees have a mobile phone, laptop, business cards, sufficient marketing material, access to money or a credit card and anything else they might need to make their trip a success.

Clarifying trip objectives

Brief employees of their objectives before they leave. Make sure the employee has set up meetings or checked clients’ needs before they depart. Advance communication (by phone or email) from the UK should be used to set up meetings or check specific client needs. The employee should take with them confirmation of any appointments.

Drawing up a detailed itinerary is a must, if the trip’s objectives are to be achieved. Make sure you have a copy, so that you know where the employee will be and when. Encourage them to contact you at least daily.

Local knowledge

Ahead of the trip, both you and your employee should learn more about the destination – particularly any threats to well-being. To avoid mishaps and the possibility of causing any offence, check key cultural and business dos and don’ts. The employee must be mindful of laws that are different to those in the UK, eg alcohol consumption.

The employee must also make sure they comply with UK law as it is possible to be prosecuted for some crimes even if the crime did not take place in the UK. For example, UK law makes it illegal to bribe foreign private or public individuals and UK nationals can be prosecuted in the UK for this crime even if the crime took place outside the UK. See the page avoid corruption and bribery overseas in our guide on ethical trading.

If the Foreign & Commonwealth Office (FCO) advises against travelling to certain regions, it’s wise to heed such warnings. You can access a foreign travel checklist on the GOV website [opens in a new window] or find travel advice by country on the GOV website [opens in a new window].

---

Staying safe

As in the UK, the key to staying safe while overseas is not taking risks. Employees should not travel to unfamiliar places or show too much trust in strangers. Nor should they accept lifts or other offers (eg guided tours).

Valuable possessions should not be displayed in public, because it increases the chances of being robbed. Passports, valuables and credit cards (at least one) should be kept in the hotel safe. Carrying excessive cash is inadvisable. Money should be kept hidden.

Employees should be careful when taking photographs, videos or using binoculars. These activities might be misunderstood, especially near police or military installations. Full cooperation with local police and official agencies is advised.

Emergency measures

If money, a passport or anything else is stolen or an assault or serious crime takes place, it must be reported to the local police immediately. For example you may need to provide a police report if you wish to claim on insurance for lost or stolen goods.

Any stolen credit cards or travellers cheques should be cancelled straight away.

In the event of a serious emergency, you can call the Foreign & Commonwealth Office (FCO) Consular Assistance team on Tel 020 7008 1500 or find the telephone number for your nearest British Embassy on the GOV website [opens in a new window]. 

Depending on the circumstances, the British Embassy may be able to, for example:

• issue replacement passports
• provide help if your employee has been a victim of crime or is in hospital
• provide details of local lawyers, interpreters, doctors or funeral directors

---

Expenses

Employers are advised to find out which expenses can be classed as allowances and whether money received by employees is subject to taxation.

Find your National Insurance (NI) and tax obligations for travel expenses on the GOV website [opens in a new window].

Before travelling, employees should know which costs are allowable under the tax rules. The tax rules give relief for certain expenses incurred by employees who travel abroad on business. In general employers can meet or reimburse the actual cost of subsistence expenses and other incidental expenses without the employee incurring a tax charge.

Find technical guidance on allowable expenses for employees travelling to a temporary workplace on the GOV website [opens in a new window].

If expenses aren’t allowable under those rules, you can find technical guidance about expenses for employees travelling outside the UK on the GOV website [opens in a new window].

If an employee whose permanent home is not in the UK has to travel abroad for work, you can find technical guidance on travel expenses for employees who are not domiciled in the UK on the GOV website [opens in a new window].

Accommodation and subsistence benchmark rates

Employers can use benchmark rates published on the HMRC website when paying accommodation and subsistence expenses to employees travelling overseas.

Accommodation and subsistence payments paid or reimbursed at or below the published rates will not be liable for income tax or National Insurance contributions for employees who travel abroad.

---

Returning to the UK

There are certain goods that cannot be brought back into the UK – even if they are freely available overseas.

Employees need to be mindful of this before returning to the UK. Find out which items are banned or restricted on the GOV website [opens in a new window]. Some restricted goods can be brought in providing that a licence is granted.

Employees must be reminded that attempting to conceal banned or restricted goods in personal luggage can have severe legal consequences.

If your employee is travelling to or from a country outside the European Union, they need to declare cash worth €10,000 or more (or the equivalent in another currency) to HMRC. Find out about declaring cash when entering or leaving the UK on the GOV website [opens in a new window].

---

Useful organisations

A range of organisations provide assistance to employers whose employees go on short-term overseas business trips.

The Foreign & Commonwealth Office (FCO) – sometimes called the Foreign Office – is the British government department responsible for promoting the UK’s interests overseas. Get useful information and advice on travelling abroad on the FCDO website [opens in a new window].

Depending on the circumstances, a British Embassy or Consulate can help British people in difficulty while abroad. For example, they may be able to:

• issue or arrange a replacement passport
• provide help if your employee has been a victim of crime or is in hospital
• provide details of local lawyers, interpreters, doctors or funeral directors

Find the telephone number for the nearest British Embassy to where your UK employee is working overseas on the GOV website [opens in a new window].

The government provides a range of support services to UK businesses looking for success in overseas marketplaces. For example, UK Trade & Investment provides a range of free services to businesses looking for opportunities to trade internationally.

It has data on over 200 countries and export sectors and also provides a business opportunities service that matches UK suppliers with business opportunities abroad.

See our guide on government help for exporters.

Find information on trading internationally on the Dept for Business & Trade website.