Whilst things have escalated in the Middle East those clients with employees there have been closely monitoring the situation now for some time.  Before any overseas deployment there is much to organise not just travel paperwork and visas.  Some destinations require additional vaccinations and a risk assessment should always be carried out before any deployment as the destination, culture and type of work can bring risks that would not arise at home.  Steps can then be taken to mitigate those risks to ensure as far as possible that employees are safe and feel safe.  There is a duty to protect the employees’ health and safety whilst at work and this does not disappear when they leave the country.  Employees should be briefed on the destination including any key cultural differences which can land them in difficulty.

Communication whilst overseas is key as we have seen this week, things can change quickly. Many firms provide a mobile phone and SIM for the destination so that the employees can maintain contact but not only with work with their loved ones remaining in the UK.  Likewise, with the widespread use of video calling many have that facility available to them at any time.  Regular check ins with staff overseas allows them to feel supported and to ensure that information the company has is the most up to date with the reality on the ground and not just what the media shows or does not show. It also allows the Company to communicate how plans have changed and the support in place.

Many utilise company credit cards when travelling which can remove the financial concerns if employees are forced to use personal cards and submit expenses.  This removes the stress if plans are disrupted, additional nights staying is required etc.  Worry about having to meet these costs in the short term can be removed and the employee feels supported.  If company cards are not possible then employers can arrange for extraordinary payments or a float in advance. These can be done as a matter of course but when the situation changes this should be offered and a discussion about things changing and any plans should things worsen or change.

Considerations as to where to stay and how to move about are important and having a contact on the ground or destination experience is key to get the inside track.  These may need to adapt as things develop.

One of my clients operates globally with a high presence in the Gulf area and has had to evacuate employees as a result of recent developments.  This was well coordinated due to the processes they have in place internally which I discussed with them this week.  This is a great example of how to handle these matters.  They have a dedicated team who review all travel schedules and itineraries to what they deem “High Risk” countries and they have been monitoring the situation.  The team are available 24/7 and in constant contact with the employees at every stage of their visit from arriving at the airport. All schedules are pre-planned and check-ins are required at each step from arrival at airport, arrival at hotel, arrival at site and then in reverse. The MD is personally involved in scheduling for “High Risk” travel destinations and any evacuation planning.  They work with their insurance provider and have a high risk travel policy so they notify them of the plans and emergency support can then be provided if required. They coordinate with all their local agents which they consider invaluable as they understand the culture and have all the local knowledge to support in an emergency evacuation , in addition to supporting when there is no emergency situation.  This client has a well-executed plan for its staff from take-off and includes wellbeing support as routine.

These issues give rise to legal considerations aside from the obvious moral issues.  I did read this week of an employer who dismissed a member of staff for not having returned to work when they were stuck in Dubai.  For those employers who have staff on leave who have failed to return to work as planned any disciplinary action or dismissal is not likely to be fair in these circumstances given they have not chosen to remain in the Middle East but unplanned extended leave will no doubt cause the employer operational issues.  Other countries travel advice is also changing with flights being cancelled to Cuba today and a no travel advisory not for escalation of violence issues but for lack of fuel for airlines.  Things change daily.

Generally as well as statutory duties on employers in respect of health and safety, employees who feel abandoned overseas whilst on work assignments could consider constructive dismissal claims where the employer has breached their contract or undermined the relationship of trust and confidence.  Concerns raised about health and safety even when overseas could amount to a protected disclosure or bring the health and safety provisions of the Employment Rights Act 1996 into play.  The employee is then protected from detriments for having raised these matter and would not require the ordinary service to bring an automatic unfair dismissal claim.

The current situation brings a number of challenges for employers and employees alike.