Coping with natural disasters
According to reports from the Association of British Travel Agents (ABTA) it’s estimated that around 150,000 holiday makers remain stranded in destinations all around the world as flights in most of Northern Europe are grounded. Brendan Wincott, an employment law specialist at mhl support, provides some practical advice to employers on what to do in circumstances where natural disasters such as these prevent your employees from attending work.
Flights were first cancelled in the UK on Thursday 15th April 2010 following the eruption of a volcano in Iceland, which produced a 3 mile high dust cloud. Coming at the end of the Easter break this has affected many more holiday makers, and therefore businesses, than would have been expected had this disaster happened outside of a peak holiday season.
Brendan explained “it is a déjà-vu feeling - it was barely more than three months ago that we were taking similar calls from clients because employees were affected by the snow and unable to attend work. These are similar circumstances; the employer is under no obligation to pay their staff unless there is an unusual express term of the contract or an implied practice of paying staff in this circumstance. Generally, an employer only has to pay an employee who is willing and able to work, and naturally someone stranded in a remote location is not able to work, despite some perhaps suggesting that they are willing to do so”.
Asked what best to do in these circumstance, Brendan explained that “employers should try to work with their staff to find ways around this problem, and perhaps consider extending their holiday by using up some additional time from their leave entitlement. Failing that, the employee should be afforded unpaid time off from work. However, employers should not readily go about taking disciplinary action for staff members who are stranded, as to do so is not only unreasonable, it is also ultimately punishing an employee for something that was not their fault and was beyond their control”.
Some Trade Unions are suggesting that employers should not dock an employee’s pay in this circumstance, but Brendan explained that “whilst this may seem good for morale, an employer should be careful in honouring full pay. Not only is this costly, particularly with the reinstatement date for UK flights not yet known, but it can also set a dangerous precedent for an employer to have to pay staff when any future natural occurrence prevents an attendance at work”.
It’s important to consider each individual case. mhl has a team of specialist and experienced advisers who are able to offer you legally compliant and pragmatic advice about this latest obstacle preventing employees from attending work. If you are an existing client, please call one of the team today on 08453 100 999 quoting your PCN number. If you are not already a client, but are interested in learning more about the services mhl provide, please call Katy Vaughan today on 08453 100 600.
