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Lisa Dormon
Member - 21 posts
I have a query regarding the situation around a British national, to be based in the UK, but employed and paid by a US company.
Which country's employment laws apply?
For example. Often in the US they "give" 5 sick days a year. Would this still be relevant? Or does UK SSP overrule this?
Also regarding holiday. The US normally gives 15 days plus statutory. However this would only equal 23 days in the UK which is below the statutory minimum. Again does anyone know what should apply.
Thanks very much.
Lisa
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James Fairchild
Member - 257 posts
Lisa (this question is much more my area than the maternity one).....
Depends entirely on the facts. With the little you have said, BRITISH employment law (and tax regime) would almost definitely apply. About the only thing that may change my mind is if you told me that he would spend at least 183 days in the US and live there ordinarily, or possibly if he was a US citizen.
Given that you have said he is a British national based in the UK, his contract and terms must be fully compliant with UK legislation.
Another thing for you to think about - is this the first time that this specific US entity has had a worker in Britain? Does the US entity have any other presence in Britain? There are potentially some tax-related issues, that a little planning may assist in mitigating....
Please feel free to PM me (click my name above) if you would like.
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