UK Employees in the Middle East: Key Employment Law Considerations

As conflict and airspace disruption continue to affect the Middle East, large numbers of UK employees remain stranded in Gulf states, raising urgent questions for employers around pay, leave, duty of care, and business continuity.

Emma Gross, Employment Partner, shared her thoughts with HR Review, Family Business United, and Nuse.

Can Employees Work Remotely?

Emma’s starting point is a practical one: employers should first assess whether the stranded employee is able to continue working from abroad.

“If the employee can carry out their duties from abroad and is ready and willing to work, they should ordinarily continue to receive their normal pay. An employee who is prepared to work but prevented from physically returning due to circumstances outside their control will generally remain entitled to pay, subject to the terms of their contract.”

Where remote working is not possible, the position becomes more complex. Emma cautions that employers should not act unilaterally on pay decisions:

“Any unilateral decision to suspend pay could expose the employer to claims for unlawful deduction from wages or breach of contract.”

Leave Options

Where an employee cannot work at all, Emma advises employers to consider practical and lawful alternatives, including:

• Agreeing a temporary period of paid leave
• Requiring or permitting the employee to take annual leave (subject to statutory notice requirements)
• Agreeing unpaid leave by mutual consent
• Considering whether any other form of leave under company policy may apply

Consistency is also key. Where multiple employees are affected, inconsistent treatment across the workforce could give rise to grievances or discrimination allegations.

Duty of Care for Business Travellers

For employees who were travelling for work, Emma highlights that additional responsibilities apply. Employers owe a duty of care that may extend beyond simply monitoring the situation:

“In higher-risk regions, this may extend to maintaining regular contact, monitoring Foreign Office guidance, assisting with evacuation arrangements where appropriate, and ensuring suitable insurance and support mechanisms are in place.”

Even where travel was personal, Emma notes that a rigid or punitive approach carries its own risks.

“A rigid or punitive approach in circumstances involving conflict or emergency may carry employee relations and reputational risks, as well as potential legal exposure.”

Wider HR Considerations

Emma also highlights a number of broader HR issues that employers should not overlook, including:

• Business continuity planning
• Immigration implications if employees are stranded outside the UK for extended periods
• Data protection and confidentiality risks if employees are working remotely from unfamiliar environments
• Consistency of approach across the workforce to avoid grievances or discrimination allegations.

“Employers should prioritise clear communication, consistency, and documented decision-making. Policies on business travel, emergency response, and remote working should be reviewed as a matter of urgency where necessary. Legal advice should be sought before taking any steps that could affect pay, employment status, or disciplinary action.”

“A measured and pragmatic response will be essential in navigating what is, ultimately, an evolving and fact-sensitive situation.”

Emma’s comments were featured in HR Review, Family Business United, and Nuse.