To WFH while on holiday abroad so I don’t use up holiday entitlement?

[RaspberryFarfait]

We have already have a big holiday booked this year and DH also wants to spend a month in his home country with his parents during the summer holidays.

He doesn’t WFH, so will use all holiday entitlement, but I do. Colleague is also on leave for some of that time so I wouldn’t normally be able to be off as need to cover.

WIBU to not book holiday, travel over there and work as normal, without telling work. I only work part time and it’s certainly doable.

Only problem is will I be able to log in remotely from abroad? Has anyone done this?

Don’t want to ask work yet as they’ll cotton on!

@Oblomov22

I did see OP’s question, I replied to it in one of my previous posts.

My comments all relate to corporation tax, not income tax.

To your point that you “haven’t found anything yet which indicates corporation tax would be triggered for the OP” - there isn’t enough detail provided in the OP to be able to conclude whether there could be any corporation tax consequences for her employing company, we don’t even know what country she’d be travelling to.

The only view that matters here is the OP’s
employers. They would need to do the tax analysis, in possession of all of the facts, and the outcome of this analysis would inform their answer, along with any legal, regulatory, data protection etc. factors to consider. Ultimately whether or not to allow overseas remote working and to bear any associated risks or costs - tax or otherwise - is a business decision.

Oh. I was looking at the 6. When she said SEE Europe, non EU, I was looking at:
Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia.

A couple of my colleagues asked if they could do this while visiting family in their respective home countries (both of which are in western Europe) and got a firm no from our employer - a combination of security concerns and insurance issues, apparently.

I'm enjoying checking out the OECD guides. Not just section 5 & 7, which a pp linked to, but the whole document. Interesting.

Looking at residency. Often 183 days, but OP said she'd checked and it was 6 months.

Looking at PA's for each of the 6 countries. Slovenia for Jan 22 is £13,716.33. OP said she had looked hers up and she didn't earn that, working part time, in a year.

@tcjotm
Said her company : "need permission from the head of the organisation ....It’s just easier for them to be risk adverse."

Makes me so incredibly sad to read that.

Visa's, residency, making sure you are tax compliant. It's not that hard. You need to investigate throughly yourself. You can do a lot of the donkey work yourself. You need to be diligent, systematic, respectful. And then the final piece is to take make sure it's agreed, rubber stamped, by someone who knows what they are doing, a specialist, an expert. Taking very good Legal / HR / Tax advice.

It's portrayed as too complicated. I just don't see it as such.

My employer provides services contracted by the local authority. These contracts are very explicit that no data must be used/held/taken/stored/accessed outside of the EU.

Most people I work with have no idea of this contract clause (why would they?), so I bloody hope they're not working from places outside of the EU. Apart from anything else, they'd be placing these contracts at risk and all of our job security as a result.

@Oblomov22

I agree to an extent - in an ideal world employers would be able to allow employees to work flexibly from any country. For employees with families in other countries, second homes etc it would be brilliant.

It’s a cost thing too though - some companies have in house tax and legal departments that can do the analysis needed, others need to buy the advice in. If you have lots of employees wanting to spend time abroad and there’s numerous jurisdictions involved then it can get very expensive.

There’s also the issue of how you keep things fair between colleagues - hard to explain to X that they work in sales (higher risk for creating a corporation tax impact) so aren’t able to go to care for their parents abroad but Y who performs back office functions can go to their holiday home for the summer.

I wouldn't risk not mentioning it to them and check they are happy with it. If they find out and there is something against working abroad in your contract, you'd be breaching your contract and may have grounds for termination.

Did you receive my pm?

We aren't allowed to work from anywhere outside the UK for tax reasons. It's a sackable offence, so I'd check with your employer if I were you

Lawyer here…it’ll be most likely a condition of your employment that you wfh in the UK. If your company makes an exception to this rule, you would know about it (as it isn’t the norm and would set them apart from other companies, and they’d sing about it to attract people).
if found out, you would be in breach of your employment contract and they would have grounds to dismiss you. Additionally (and unlikely if you’re staying in Europe) if by working there, you created a taxable presence (whereby your company needs to pay corporation tax) the you may be liable to pay this on behalf of the company.

I’d suggest you ask your manager and if they say no, book the leave. Not worth the aggro.