AWOL: The Volcano Effect
The General Election campaign has been partially overshadowed by the now-ended ban on flights that paralysed Europe and stranded many British travellers. Whilst a few extra days enforced holiday might have been welcome to some people it did, of course, have a significant knock-on effect on business. As employees start to find their way back home (and work) one of the main issues that will arise is how their employers should treat their absence.
As an employee you are generally expected to be present for and able to carry out your work. If you are missing work because you are stranded overseas, then this can be considered unauthorised leave and your employer is not obliged to pay you. In some circumstances it could be treated as a disciplinary matter. The unions are encouraging employers to be sympathetic and not to dock wages, saying that this is an “extreme reaction”. It is, however, a permissible step to take, but is not one that will promote good relations within the workplace when an employee has been stranded at an airport through no fault of their own.
Alternatively, some employers may suggest that this absence is taken as paid holiday, or they may suggest that the employee works additional hours to make up the time lost, depending on the circumstances. Before acting hastily, employers would be well advised to consider their response carefully and to ensure that they treat all employees affected consistently.
Unless you are on a business trip your employer has no legal duty to help you if you are stranded. However, if you are stranded during a business trip then a “duty of care” would apply and your employer should take steps to assist in your safe return as well as meeting any additional expenses reasonably incurred during the trip such as accommodation and reasonable travel arrangements.
Although it may be unlikely that airspace will be shut down for as long again in ther future, employers should consider having a travel disruption policy in place in case of further trouble. We can assist you with this and please do not hesitate to contact any of us if we can help on 0207 464 8433
Michael Scutt/Danielle Harnett