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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU colleague should quit job now that she's moved to another country?

228 replies

Waferbiscuit · 25/10/2020 12:53

In February colleague told our office that she was moving to Spain in the summer and would be resigning in the late Spring in time for the move. She wasn't happy in her role (which was more than a bit evident) and wanted a change - she was moving back home and would look for something there. She told everyone as wanted to be transparent about what was going on her life and didn't want her resignation to be a surprise.

Then Covid happened, colleague was furloughed from March and even though she DID physically move back to Spain she did not resign. She remained on furlough until this month. She's now back working remotely while living in another country.

She's now saying she won't resign and is lobbying to work remotely on a permanent basis. The rest of us will have to return to the office when we are expected to return; obviously she can't because, well, she lives across an ocean. If she gets to work from home permanently and we don't, because we actually live near to where we work, that feels deeply unfair.

Surely she's having a laugh? I know you can't force someone to resign, but surely carrying on like this isn't possible? HR don't know how to deal with these new situations so I get the impression they are treading lightly, which is not helpful.

OP posts:
lyralalala · 25/10/2020 13:16

Her location won't have any basis in the consideration for her request though. WFH (and flexible working) requests are all about the business needs. So if the bosses feel it doesn't work then they won't allow it.

Jokie · 25/10/2020 13:17

The biggest issue here will be if she's permanently moved and left the UK as then it's a different tax ruling that HR would need to sort out.

It wouldn't bother me if she can work remotely for where she does it (as long as she can actually work), but she needs to tell her employer before they run into issues.

Tiersforfears · 25/10/2020 13:18

It’s unfair but life isn’t fair, unless your her boss it’s nothing to do with you. It’s between her and management.

Tiersforfears · 25/10/2020 13:18

You’re*

DamitJanet · 25/10/2020 13:19

I know of three different people in pre COVID days who moved abroad and continued to work remotely for their previous employer. Each discussed it with their employer and sold to them how it could work, and the benefits and argued their case effectively. And in all three cases it’s continued to work extremely well.
It’s up to her to have that conversation with your employer, she either wins the ‘argument’ or not but that’s between them and her. If you or other employees want to also request permanent remote working then you have just as much right to do so.

DamitJanet · 25/10/2020 13:20

(The people I know moved to EU countries pre Brexit which did of course make some aspects easier than they would be now)

WorraLiberty · 25/10/2020 13:20

It does have to do with me as it's very unlikely staff who are residing locally will be able to WFH on a permanent/FT basis. But if you live overseas you can make a stronger case to WFH

Well yes, that makes sense doesn't it?

Rather a long commute otherwise...

user1487194234 · 25/10/2020 13:20

Obviously it might affect you or other staff members but end of the day it is up to your boss

VampireVicki · 25/10/2020 13:21

Sorry I think YABU.

Years ago I lived in the US whilst working for a UK company, and during the spring/summer this year I lived in Nice. I could work just as effectively from there as from UK.

If you don't like any additional tasks that come your way you need to take that up with your manager. If you are jealous of your colleague why don't you think about how you could do something similar?

dontdisturbmenow · 25/10/2020 13:30

HR don't know how to deal with these new situations
Why? It's quite straightforward. The job can be done remotely, they can consider it under certain conditions, it can't, she either comes back or is dismissed under capacity.

She is doing nothing wrong at all asking, why shouldn't she if there's a chance it is agreed?

Original poster
Waferbiscuit · 25/10/2020 13:35

HR don't know how to deal with these new situations
Why? It's quite straightforward.

Our flexible working policy currently doesn't allow 100% WFH. The policy hasn't yet changed. So if our policy doesn't allow it, you'd think she wouldn't be able to continue in her role. But it's public sector and I don't think you can readily or easily fire someone in these circumstances.

OP posts:
ilovesooty · 25/10/2020 13:36

If your employer considers that allowing this meets the needs of the business there will be nothing you can do about it except apply for remote working yourself and make a case for it.

lyralalala · 25/10/2020 13:38

@Waferbiscuit

*HR don't know how to deal with these new situations Why? It's quite straightforward.*

Our flexible working policy currently doesn't allow 100% WFH. The policy hasn't yet changed. So if our policy doesn't allow it, you'd think she wouldn't be able to continue in her role. But it's public sector and I don't think you can readily or easily fire someone in these circumstances.

If it doesn't allow it then they'll be able to get rid of her quickly when she can't fulfill her role. The rest of you will just have to keep flagging up the problems with it when they occur so that it stays in the mind of the bosses that it's not working for the team.

And public sector is (imo) a) less likely to change the policy and b) even if they do take forever to do it

ilovesooty · 25/10/2020 13:38

Well as long as she doesn't work in housing and her name isn't Lucille...Grin

myhobbyisouting · 25/10/2020 13:43

Ocean 😂

If you want to WFH OP you can ask your employer too

Lilybet1980 · 25/10/2020 13:44

It does have to do with me as it's very unlikely staff who are residing locally will be able to WFH on a permanent/FT basis. But if you live overseas you can make a stronger case to WFH, so there is an issue of

So whether it works for her will make no difference to whether you are allowed to wfh or not?

You are basically saying you should either all wfh or none of you wfh. You sound jealous and it’s clear you don’t like her which is more than likely clouding your judgement on this.

ProfessorSlocombe · 25/10/2020 13:47

It's hard - not impossible - but hard to employ someone in a full time role as if they were in the UK when they aren't. Especially when they are outwith a country that lacks a reciprocal arrangement with the UK. Depending on what the role entails, there are issues like the transfer of data into another country, and the ability to take legal action if needed in that other country.

Personally I would advise any company thinking of trying it to research it very carefully and even then only as a situation of last resort. It would be much safer (for everyone) to instead pay the employee as a contractor or supplier and ensure they are bound by contract rather than employment law.

The employer also needs to be 100% sure they aren't breaking any local employment regulations that the employee may be subject to in that country (Spain in this case).

Whenever I've dealt with offshored resources, they are always under the umbrella of a company - never as an overseas employee.

Clareflairmare · 25/10/2020 13:48

I think how likely they are to say yes very much depends on how much sway she has. If she is experienced and has skills they would find hard to replace then they may well agree. I know of a colleague who pre covid moved overseas. He is incredibly hard to replace and it's totally reasonable that he used this to his advantage. Whether you are required to pick up the slack is a slightly different (Admittedly linked) conversation. It becomes about whether you have skills that would be hard to replace if you are ultimately wiling to leave over this issue. You could pre-empt this by speaking to your manager. What do you want that they could give you? Perhaps you think there should be an 'in office' weighting so that the greater percentage of time you are required to be in the office, the higher your pay?

Rae36 · 25/10/2020 13:50

So many people on MN say 'what does it have to do with you' but we are all part of a bigger picture and don't live/work in a bubble

I agree op. If everyone else's jobs get changed slightly to accommodate this then it's does affect you. Then someone else manages to negotiate ft wfh and the last person gets all the office shit.

I don't think one person can be treated differently from everyone else. Either everyone can wfh or no-one. Unless you have a good reason for being an exception. Choosing to move further than commuting distance from the office is not a good reason in my book.

Emmie12345 · 25/10/2020 13:52

Op why don’t you make a home working request if you want to wfh permanently!

JamminDoughnuts · 25/10/2020 13:55

she has a job, she is lucky.
not your problem

KatherineJaneway · 25/10/2020 13:58

As pp have said, she hasn't figured out, or wants to dodge, the tax implications of a permanent move.

I'd already be saying to my manager I won't take on the shit parts of my job. I had some colleagues try and do this to me and I was clear what they were doing and why.

Requinblanc · 25/10/2020 14:06

Why is it your business? are you paying her wages?

It is between her and the employer. It is probably a case that as so many people now work from home she can simply continue in the role remotely.

everythingisginandroses · 25/10/2020 14:10

I would take it up with your union. If it looks like one colleague is being given preferential treatment and others who could WFH are being prevented from doing so, that's not on.

Heyahun · 25/10/2020 14:10

Lolz you are so bitter it’s not your decision to make - good for her if she managed to get permission to do this. What difference does it make to your life anyway