Stuck Abroad? Hope You’ve Packed Your Laptop….
The volcano eruption in Iceland has left thousands of Britons stranded abroad, and many employers with the dilemma of whether to continue to pay those employees.
In many respects, employers here in the south west face a similar dilemma as in January when the snow caused widespread disruption, leaving employees unable to get into work.
Susie Halliday, an employment lawyer with south west solicitors Foot Anstey, looks at the legal implications:
“The legal position works in the employer’s favour: as a general rule, employees are not entitled to be paid for work they have not done” she says. “However, many employers are likely to be more sympathetic. Treating employees harshly in a situation beyond their control is unlikely to have a positive impact on staff morale”.
Some employers may have put policies in place after the snow earlier this year which are sufficiently wide to include travel disruption. Employers should always check employment contracts and policies first to assess whether pay can be withheld.
Employers should also consider, in the absence of a contractual right to receive pay, whether staff have an expectation that they will be paid. Parallels with a business’s response during the snow or other similar situations could work against the employer who decides not to pay now but who has previously adopted a more generous response.
Employers should also consider whether it is possible for employees to work whilst stranded. Working remotely may be less feasible because few will have gone on holiday with their work papers packed next to their sun cream.
However, if employees are stranded after going overseas on business they should continue to be paid as normal. “Employers can reasonably ask and expect these employees to continue to work whilst the situation is resolved” says Susie.
For those who are not working abroad, employers should consider alternatives to simply not paying employees. These include requiring staff to take the days they miss as annual leave, offering the option of making up any days missed, or simply continuing to pay employees as usual.
It would be perfectly acceptable to limit the number of days an employee may be paid for. “The key is to make sure that the message is communicated clearly and consistently to employees” advises Susie.
Technically, a failure to attend work is a disciplinary offence. However, provided the employee has contacted their employer, the fact that the disruption is beyond the employee’s control is likely to make disciplinary action unfair.
Is it realistic to expect employees to make reasonable efforts to get back to the UK by alternative means? “Yes” says Susie “although much will depend on an individual’s personal circumstances such as where they are stranded, the cost and the availability of alternative means”.
Published 20/04/2010
