Employees Stranded Abroad: Key Issues for HR
Travel disruption, geopolitical events or sudden border closures can leave employees unable to return to the UK as planned. When this happens, HR teams will be facing several overlapping issues involving employment rights, immigration compliance, tax exposure and employee welfare. The correct response often depends on the cause of the disruption and the length of time the employee remains overseas.
Pay and employment status
One of the first questions for HR is whether the employee should continue to be paid while they are unable to return to the UK.
If the employee cannot travel because of circumstances outside their control, such as airport closures, conflict or government travel restrictions, many employers initially treat the absence as authorised and continue paying salary. This approach helps maintain continuity of employment and reduces the risk of disputes.
HR should review the employment contract and internal policies to determine the available options if the disruption continues. In particular, employers should consider whether the employee is able to continue working remotely, whether contractual provisions allow for unpaid or special leave, whether annual leave may be used if the absence becomes prolonged and whether the disruption appears temporary or likely to extend for a longer period.
If remote work is possible, the employer may expect the employee to continue working. If work cannot be carried out and the disruption lasts longer than anticipated, HR may need to consider alternatives such as annual leave, unpaid leave or discretionary paid leave.
Immigration and right to work implications
If the employee holds a visa under the UK immigration system, HR also needs to consider whether the overseas absence affects immigration compliance and right to work.
Sponsors are required to monitor sponsored workers and keep records explaining periods of absence. An unexpected overseas delay will not automatically create a compliance breach, but HR should maintain records of the circumstances and the reason the employee is temporarily outside the UK.
Employers should review whether the worker remains sponsored under the relevant visa route, such as the Skilled Worker visa, whether the absence should be recorded internally for sponsor compliance purposes and whether the worker’s visa expiry date could pass while they remain outside the UK. HR should also consider whether a delayed return might affect any future immigration applications, particularly where continuous residence requirements may become relevant.
If the employee cannot return before their visa expires, immigration advice may be needed to consider extension options or the implications for future entry clearance.
Health, safety and duty of care
Employers continue to owe a duty of care to employees travelling for work. When an employee becomes stranded abroad, HR should confirm that the individual is safe and has access to appropriate support.
Employers should check whether the employee has safe accommodation and access to funds, whether travel insurance or corporate travel policies provide assistance and whether emergency travel arrangements are available if the situation deteriorates. HR should also consider whether the organisation’s travel management provider can assist with rebooking flights or arranging alternative routes home where services have been suspended.
Regular communication with the employee helps address welfare concerns and ensures that HR remains aware of any developing risks.
Operational and workforce planning
Travel disruption can also affect project delivery and team capacity. HR may need to coordinate with managers to maintain business continuity while the employee remains overseas.
This may involve reallocating urgent work to other team members, arranging temporary cover if the absence continues and adjusting project timelines or client expectations where necessary. Clear communication across affected teams can also help minimise disruption and ensure that workloads remain manageable.
If several employees are affected at the same time, HR may need to implement a broader response plan, particularly where travel disruption affects a specific region or route.
Tax and payroll exposure
Unexpected overseas working can create tax and payroll questions if the employee continues to perform duties outside the UK.
Short travel disruption rarely triggers immediate tax obligations. However, if the employee works abroad for a sustained period, the employer may face local compliance requirements. In particular, employers may need to consider whether payroll withholding obligations arise in the country where the employee is located, whether social security contributions become payable in the host country and whether local tax residence thresholds could be triggered if the stay becomes prolonged. In some circumstances, employers may also need to consider whether the employee’s activities could create permanent establishment exposure, although this is typically limited to more significant or sustained business activity.
HR should monitor the number of days the employee spends working abroad and involve tax advisers if the disruption extends beyond a short period.
DMS Perspective
When employees become stranded abroad because of sudden travel disruption, the immediate priorities will be practical: confirming the employee is safe and working out how they will return.
For employers, however, the situation will also quickly raise wider questions about work arrangements, immigration status and compliance.
Where possible, the first step for employers is to establish whether the employee can continue working remotely. In many roles, this will be the simplest short-term solution, allowing work to continue while travel arrangements stabilise. If this solution is feasible, managers should agree realistic expectations around working hours, availability and deliverables, particularly if the employee is operating in a different time zone.
HR should also keep an eye on compliance issues that may arise if the disruption continues. If the employee holds a UK work visa, sponsors should keep records explaining why the individual is temporarily overseas. Unexpected travel disruption does not normally create a sponsor compliance problem, but documentation helps demonstrate that the absence is outside the employer’s control.
Finally, managers should consider the operational impact if the disruption continues. Redistributing urgent work, adjusting timelines and maintaining communication with the affected employee can help prevent short-term disruption from becoming a wider business issue.
Need Assistance?
For advice on a specific matter or circumstances relating to the HR, immigration or employment law aspects of an employee being stranded abroad, book a fixed fee telephone consultation to speak with one of our expert advisers.
