Before a job is advertised, departments need to consider carefully what employment status and contract type the role should have attached to it. Where a department wishes to employ a non-UK resident who will be based outside the UK for the entire duration of their employment with the University, it is important to decide on the most appropriate employment status and contract type early in the process.
Employment of overseas residents who will continue to live and work outside the UK can be complicated to arrange and manage, and the recruitment process can be lengthy. In addition, departments may also incur additional costs associated with overseas employment. Where an individual is based overseas as an employee of the University, the University might be liable for additional obligations in that country of work. For example, the University may need to register with the local authorities for tax and social security purposes, which would normally incur significant additional fees for the department. In some cases, other means of engagement may be more appropriate, for example, where a service is being provided, it may be possible to engage an individual as a self-employed consultant or contractor basis (or a worker with a contract for services), rather than as an employee on a Chancellor, Masters and Scholars (CMS) employment contract. The Finance Division web pages contain further information about consultancy arrangements.
Departments should consult their HR Business Partner for further advice, who in turn may need to seek further guidance from the Payroll team and/or Legal Services. Departments must exercise caution with consultancy arrangements as other countries may take a different approach to employment status than the UK. A consultancy does not absolve the University of any employer obligations if the arrangement constitutes an employment relationship. Departments are encouraged to take advice as early as possible.
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