Working overseas policy

1.1 Oxford Brookes University’s global presence is greater than ever before, as we extend our teaching, research, and knowledge exchange, through sustainable and equitable partnerships with colleges, global education partners, businesses and third-sector organisations. Through this global presence the University aims to have a positive and transformative influence on society, with measurable reach and impact around the world.

1.2 The University is committed to creating a supportive, inclusive culture with equity of opportunity in employment for all our employees, and to develop work practices and people policies that support work-life balance and exercise our duty of care, whilst ensuring we conduct our business responsibly.

1.3 The University’s employment contracts typically specify a work location in the UK, often Oxford or Swindon. However, it is recognised that there will be times where work outside of the UK is required to support the goals of Directorates and Faculties on a temporary basis.

5.1 The normal expectation is for employees of the University to be based within the UK, within a commutable distance to the campuses in Oxford or Swindon, as specified in their employment contract. This is because the nature of the University’s work and the vital importance of providing a positive student experience on campus means that most academic and professional services staff need to be able to attend campus regularly. In the rare circumstance in which this is not the case, the employee's contract of employment will specify the base location.

5.2 Where there is a clear purpose aligned with the University's strategic goals, an employee may be asked to undertake an Overseas Work Assignment for a defined period. Most typically this will occur where international collaboration is needed in an overseas nation. This could involve, but is not limited to:

• The University working overseas with partner organisations.
• Employees teaching or working in overseas universities, either off or on campus.
• Carrying out research.
• Recruitment and marketing activities.

Alternatives to in-person meetings should be evaluated, particularly for routine or administrative matters, before requesting/approving travel.

5.3 In exceptional circumstances, where an employee wishes to make a Personal Request to carry out their work for the University whilst temporarily outside the UK for personal reasons, agreement should be on a short-term basis, and the duration agreed will take into consideration an assessment of the laws and jurisdiction in that country in the first instance, as well as an assessment of the impact on the team and operational objectives as detailed in sections 5.17 and 5.18.

5.4 Employees will usually only be permitted to carry out work overseas (for Business Reasons or a Personal Request) for a maximum of 60 calendar days within a 12-month rolling period within the same country. The 60 calendar day maximum does not need to be in a single continuous block, and will also apply where:

• An employee wishes to make a Personal Request to work for 60 calendar days or fewer for personal reasons overseas, with any additional period of extended paid leave in the same country, or
• An employee is working overseas for Business Reasons and chooses to extend the duration of their trip for personal reasons within the same country, to take other types of leave, or when taking TOIL in line with the Time Off In Lieu (TOIL) and Overtime Policy.

Any further work in that country within a 12-month period will risk triggering social security and tax obligations for both the employee and the University.

5.5 The threshold has been set at 60 calendar days because reporting obligations and employment legislation varies from country to country, and may apply from 1, 10, 60, 90 or 183 days. Having a threshold at the lower end of this range reduces the risk for both the employee and the University, whilst bringing consistency and fairness in the application of this policy. However, where a risk is identified below the 60-day threshold, the University reserves the right to reject Personal Requests to work overseas, and will scrutinise the business case for employees working overseas for Business Reasons and the steps that have been taken to mitigate the risks.

5.6 In the very exceptional circumstance where there is a need to work overseas for longer than 60 calendar days, expert advice must be sought from the Payroll and Pensions Manager, who will work with the Faculty and relevant specialists in Finance and Legal Services to assess the risks in respect of international tax and social security. This may involve seeking advice from the University’s external advisors, Vialto, to consider as part of the risk assessment and prior to the necessary approvals as outlined in Appendix 1 of this policy. The costs of this will be chargeable to the faculty / directorate.

5.7 The varying obligations by country and associated risks and liabilities involved with international work are complex and country-specific, meaning it is resource-intensive and costly for the University to support overseas working. It is therefore important that the implications and risks are fully understood before any overseas work is agreed.

5.8 The Overseas Working Request Form (University login required) takes a risk management approach and provides general guidance and control measures that are appropriate for managing the diversity of activities and risks involved in travelling and working overseas. The request and application of the necessary risk assessments provide the basis for adopting measures that are suitable, sufficient and appropriate for the level of risk, and should be completed as soon as reasonably practicable, allowing sufficient time before travel to put measures in place. These should be completed ideally eight weeks before travel, but it is recognised that this time frame is not always possible and is likely to depend on the reason for overseas work and travel and the associated arrangements.

5.9 Employees should not travel for Business Reasons or conduct any work while employed by the University in any location where the foreign office advises against travel, as this risks invalidating insurance and medical cover. Employees should review the security advice provided by the UK Government’s Foreign Travel Advice web pages, which provide the latest information on matters such as safety and security, local laws and customs, and health by location. In the rare circumstances where travel is to a location where the foreign office states that ‘only essential travel’ is advised, a more detailed risk assessment must be undertaken, in consultation with the Health and Safety Team and must be approved in line with the approvals schedule in Appendix 1 of this policy before travel.

5.10 All travel overseas for work must have a Health and Safety risk assessment in line with the Overseas Travel Procedure. If travel involves Fieldwork, the Fieldwork Procedure and detailed risk assessment will be required as detailed in the procedure. 

5.11 Where employees are travelling overseas for Business Reasons, consideration should be given to the employees’ health, safety and welfare through completion of the Staff Student Health Declaration for Overseas Travel, and where a health concern is identified that may be impacted by travel, a referral should be made to Occupational Health. Where there are medical grounds for requiring an alternative class of travel than the Business Travel and Expenses Policy (University login required) provides, line managers should refer travellers to Occupational Health to assist in the decision making process and seek approval in line with that policy.

5.12 All employees booking overseas travel for Business Reasons must do so in line with the Business Travel and Expenses Policy (University login required).

5.13 Employees’ Electronic Travel Authorisation (ETA) and all required immigration documentation for the country of entry must be in place prior to travel, where required, and in line with the entry requirements of the destination country. Any impact on current right to work status in the UK must be assessed and considered as part of the Overseas Working Request Form (University login required). Spending significant periods outside the UK can breach the rules of a visa, which may mean that it is curtailed, and could affect the University’s status as a sponsor.

5.14 Preventative medication / vaccinations are often mandatory, or recommended, for entry to many countries. The NHS provides up-to-date information and guidance around what vaccinations are required, when these are appropriate, and whether or not they are available via the NHS on their Travel Vaccinations website. While the decision to take medication is a personal choice for the employee, the University has a duty of care to take all reasonable steps to protect their health, safety, and well-being when assigning them to work overseas. If an employee chooses not to follow mandatory requirements, approval to travel must not be granted. If an employee chooses not to follow recommended medication, approval to travel may also not be granted, as this may invalidate the terms of the University’s travel insurance. The University therefore strongly advises that employees adhere to the advice, arranging medication prior to travel, and in line with the timeframes stipulated by the NHS. The University will pay for any work-related vaccines or medications recommended by the NHS Fit for Travel website, where employees have been requested to work overseas for Business Reasons.

5.15 Healthcare access varies from country to country and in some countries, there may be a legal requirement to obtain private healthcare insurance. In others, there may be a requirement to enroll into state healthcare plans. Proof of healthcare can be required as early as the visa/work permit application process and will need to be assessed prior to undertaking any work overseas.

5.16 While some employees may welcome the opportunity to work overseas for Business Reasons and/or see it as a career development opportunity, for others it may pose conflicts with caring responsibilities or other personal circumstances. Where such conflicts arise, employees have the right to reasonably decline overseas working where it is not an agreed essential duty of their role.

5.17 The University reserves the right to reject personal requests to work overseas. Examples where a request may be rejected could include, but not be limited to: operational practicalities, an unacceptable burden on colleagues, an impact on the ability of the employee to fulfil the duties of the role, or where the legal and financial risks associated with the country of travel are deemed inadvisable.

5.18 Personal Requests from employees to work overseas will be carefully considered on a case by case basis, seeking to support as appropriate to the given circumstances, whilst exercising the University’s duty of care and obligations as a responsible organisation. Approval will only be given where there will be no detrimental impact on individual or team objectives, taking into account matters such as, but not limited to: connectivity, in-person meetings or activities, and time differences.

5.19 All overseas work and travel must be approved in line with the approvals schedule in Appendix 1, noting any specific approvals required and as documented in the Business Travel and Expenses Policy (University login required).

5.20 Colleagues must share details of all international travel for Business Reasons with the Director of Global Recruitment and the University Lead on Educational Partnerships to ensure opportunities for recruitment and partnership activity are explored and multiple objectives combined within a single trip to minimise travel frequency and associated costs.

5.21 For employees who have a UK-based contract of employment, but are working overseas temporarily for Business Reasons or due to a Personal Request, the UK-based contract of employment will remain in place, and the employee must comply with the University’s Policies and Procedures.

5.22 Any actions which do not comply with these policies may be dealt with under the Disciplinary Policy and Procedures and may end in dismissal, due to the significant legal and financial risks to the University when an employee works overseas. Such disciplinary offences may include, but are not limited to:

• Travel without the appropriate approvals in writing and as per the approvals process in Appendix 1.
• Failure to comply with this policy, its principles and risk management processes.
• Failure to follow immigration regulations.
• Failure to follow tax legislation in the country of travel.
• Providing false information.
• Travel without the relevant immigration authorisation.
• Failure to return to work in the UK by the agreed date.
• Failure to follow the IT Acceptable Use Policy.

Travel and work overseas for Business Reasons 

6.1 For all Conference Travel and Overseas Work Assignments (as defined in section 3.1), employees and line managers (or the nominated person for arranging travel) must complete the Overseas Working Request Form (University login required) to plan for the trip, identify any areas of risk and document how these risks have been addressed and seek formal approval.

6.2 Employees travelling abroad on University business will be included in the University’s Travel Cover in most instances. However, there may be some situations in which employees will not be covered, or additional insurance may be required, such as Workers Compensation Insurance, Public Liability Insurance and Medical Insurance. Legal requirements for liability insurances differ for employees based overseas and in different jurisdictions. The Insurance Team must be contacted for advice on what additional insurance may be required or provide support for obtaining external advice where necessary.

6.3 Any costs incurred for external advice will be chargeable to the Faculty/Directorate and require PVC/Director approval.

6.4 Any extended travel at the start or end of a business trip, will not be included in the University’s Travel Cover, and will only be reimbursed or funded by the University in line with the Expenses Policy. In this instance employees must contact the Insurance Team to ensure sufficient cover is in place.

6.5 For some employees, travel to some countries may involve the risk of harassment, discrimination or violence, on account of gender, sexuality, ethnicity, religion or disability. For instance there are some countries where same-gender sexual orientation is illegal, where there are few adaptations to enable disabled people to play a full part in society, or where women cannot travel easily on their own. Where overseas working might pose risks of discrimination, the line manager should discuss the situation in advance with those employees asked to travel. Employees should not be excluded from opportunities for overseas working on this basis, but the University must take reasonable steps to equity proof overseas assignments, ensuring there is a shared understanding of the local laws and customs, enquiring whether or not the host institution has a recognised equal opportunities policies, assessing the risk of harm to the employee before approving travel. Employees have the right to decline an opportunity for overseas travel on the basis of personal risk, and to return early or withdraw from overseas working, if they encounter discrimination. If an employee does decline, they should consider with their line manager alternative career development opportunities.

6.6 Final approval will be required in line with the approvals schedule in Appendix 1 and following a full assessment of the proposal and risks, as detailed on the Overseas Working Request Form (University login required).

6.7 Where Overseas Work Assignments (as defined in section 3.1.2) are approved, a letter must be issued detailing the arrangements and the date of return to the UK.

Personal requests from employees to travel and work overseas

6.8 The University recognises that there may be exceptional circumstances where an employee may wish to make a Personal Request (as defined in section 3.2 above) to work overseas.

6.9 Personal Requests could be considered where an employee has a fully remote role and wishes to conduct their duties from overseas, or where they have a role that is normally campus-based or hybrid, but their work could be completed remotely for a defined period.

6.10 Personal requests could also be considered where an employee is taking a period of leave, for example maternity leave, paternity, co-parent and partner leave, parental leave, adoption/surrogacy leave, foster care leave, or a career break. In these circumstances the employee is still required to adhere to this policy in order that the University can carry out its duties as a responsible employer, which may include (but not be limited to) complying with the varied tax and social security requirements, differing employment rights, and any other matters to ensure a duty of care is carried out to the employee whilst overseas.

6.11 Most teaching is delivered in-person and permission to deliver teaching remotely will only be given in very exceptional circumstances.

6.12 Personal Requests should be made by the employee in writing to their line manager who must speak to their People Manager in the first instance to discuss the operational impacts and explore the options available, including alternative solutions. The request must include the reason for the request, the dates of travel, the place of travel. It is encouraged that the employee includes any further information that can assist the line manager in considering the request.

6.13 Facilitating overseas working will incur costs for the University, as well as potential legal risks, and there may also be an impact on the team of the employee making the request. Requests will be considered on their individual merit, as detailed in sections 5.17 and 5.18. Alternative options must always be explored with the employee in order to mitigate the impact. In the rare circumstances where it is deemed appropriate and feasible to facilitate overseas working, expert advice should be sought from the Payroll and Pensions Manager as detailed in section 5.6.

6.14 If it is not deemed appropriate and feasible to facilitate the request, the line manager must inform the employee and discuss alternative options to support them.

6.15 Where it is deemed appropriate and feasible, the employee and line manager must complete the Overseas Working Request Form (University login required) and necessary Health an Safety risk assessments to plan for the trip.

6.16 Where an employee is working overseas for personal reasons, they are responsible for making their travel arrangements, expenses and insurance, and for making decisions about whether or not it is safe enough to travel by taking relevant advice from the FOC Office.

6.17 Final approval will be required in line with the approvals schedule in Appendix 1 and following a full assessment of the proposal and risks, as detailed on the Overseas Working Request Form (University login required) and a letter must be issued detailing the arrangements and any date of return to the UK.

6.18 If the employee has exceptional reasons to request (or extend an existing period) of overseas working to over 60 days, the line manager will discuss the situation with their Faculty PVC/Director and work with the Payroll and Pensions Manager to assess whether or not specialist advice is required from our external Advisors, Vialto, to inform a decision for the arrangement, which will incur an additional cost chargeable to the Faculty/Directorate. 

8.1 There are considerable implications for data protection and information security when travelling and working overseas that require risk assessment and appropriate mitigation. It is essential that this is understood and managed, in line with the Information Security Policies, Procedures and Guidance, and prior to any travel taking place, and considered as part of the Overseas Working Request Form (University login required).

8.2 UK data protection law restricts the transfer of personal data to countries outside of the UK unless there are appropriate safeguards in place to protect the data, or the transfer is to a jurisdiction with an adequacy decision in place regarding their reciprocal data protection laws (such as EEA countries).

8.3 The University must ensure that employees working overseas comply with the University’s internal Data Policies and Procedures. Employees will also need to be aware of, and process personal data in line with, the local data protection laws.

8.4 Please follow the guidance regarding the risk associated with different destinations and contact the Information Security Team if you need further information when planning to work abroad.