An Employment Tribunal has dismissed a claim for unfair dismissal brought by a finance business partner who was sacked after she moved to France and continued working for her UK employer without agreement to do so. The case has made national news in the UK over the past week.
The Tribunal found that her contract required her to work in the UK, and that the company had a fair reason for dismissing her once she refused to return.
Background
Ms Malyk was employed as a regional finance business partner by Teleperformance Contact from May 2022 until August 2024. Her contract was described as hybrid, although once the company’s Bristol office closed in September 2022 she worked entirely from home.
In June 2024, Ms Malyk told her line manager that her husband had been offered a job in France and asked whether she could carry out her duties from there, either under her existing contract or a new French one. She was told this was not possible under an England and Wales contract, and in a later call was informed that working permanently from France on UK projects would raise legal and tax difficulties, although no specific detail was given on the precise difficulties.
Ms Malyk went on to inform HR that she intended to relocate to France in July and would continue working from home there, believing her fully remote contract allowed her to do so. Her manager disagreed, and told her that a move to France would require a separate French contract. In July, the company wrote to her confirming it would not accommodate the request, explaining that her contract was structured around UK obligations and that employing her from another country was not financially viable. She was asked to reconsider her plans or resign with notice, and was offered a right of appeal, which she did not use.
After she relocated, an investigation was opened into her failure to work from the UK. Ms Malyk was open throughout about her move and her intention to remain in France, and the investigating manager accepted that she had not attempted to conceal this. She was suspended on a precautionary basis and later dismissed on 27 August 2024, with two months’ notice. Her manager told the Tribunal he had not wanted to lose her, but felt dismissal was necessary to avoid the risk of French authorities identifying that an employee was living and working in France under a UK contract. Her subsequent appeal was unsuccessful.
The Tribunal’s Findings
The central question for the tribunal was whether Ms Malyk’s contract entitled her to work from France rather than the UK. Employment Judge Oliver found that it did not. Although the contract described the role as fully remote, it recorded her home address as being in Bristol and named her home as her primary place of work, alongside references throughout the contract to UK law and eligibility to work in the UK. Taken together, the judge concluded that working from the UK was an express term of the contract.
The judge accepted that the reason for dismissal fell within the category of “some other substantial reason”, based on the employer’s genuine belief that allowing Ms Malyk to live permanently in France while employed under a UK contract would breach French law. This was found to be a substantial and legitimate reason, rather than a trivial or improper one, and the dismissal was held to be fair in all the circumstances. A related breach of contract claim was also rejected.
In general terms, this case can be read as affirming that a contract governed by the law of England and Wales will generally carry an implied requirement that the employee works in the UK, even where it is described as fully remote.
As always, this advice is general in nature and should be tailored to the circumstances of any individual case. As an RMI member, you have access to the RMI legal advice line, as well as a range of industry experts who can assist you. If you find yourself facing any of the issues outlined above, please contact us at any stage for advice and support as appropriate.
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