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Volcano advice for employers - April 2010
The Icelandic volcano has left tens of thousands of Britons stranded abroad and, as a result many employees have failed to turn up for work - leaving bosses with a number of practical and legal issues. Must staff be paid for "volcano" days? Can staff be forced to cover for those who are stranded abroad? |
Must staff stranded abroad be paid for "volcano" days?
There is no case law on this but, unless the contract of employment provides for paid time off in the event of travel disruption or extreme unforeseen circumstance (and in our experience that is extremely rare), the answer is probably not. Generally, an employer only has the duty to pay an employee who is willing and able to do work; if an employee fails to turn up for work the employer is under no legal obligation to pay them.
As there is no general legal obligation to pay staff unable to get into work, employers could reduce their employees' pay, force their employees to use their holidays or agree to pay them on the condition that they make up the lost time by working unpaid overtime at a later date. However, taking this approach might have a negative impact on staff morale.
It is also worth remembering many staff work additional time for free during the remainder of the year, starting work early or leaving late and they may be less inclined to do so if morale is low. For many employers the loss of morale and the administrative burden of calculating the loss of pay will outweigh the potential benefit. |
Can I force my staff to cover for those who are stranded abroad?
This will depend upon what their contract of employment/job description says. In our experience, most contracts include terms requiring staff to work additional hours where this is necessary. In some workplaces (e.g. NHS and manufacturing) staff are contractually required to carry on working, even if the next shift does not arrive. In this case it is important employers ensure that those who work long hours have proper breaks and rest periods and are properly paid for the work that they are doing.
Most job descriptions allow a certain degree of flexibility in the kind of work the employee can be asked to do provided this is appropriate for them taking into account their skills and experience. In any event, a level of flexibility regarding duties would almost certainly be implied in these circumstances.
That said, employers should be careful to discuss overtime/cover arrangements with the staff concerned. It is always better to ask for volunteers or agree cover arrangements than to force them upon unwilling staff. When asking staff able to get into work to cover for those who cannot, it is important to bear in mind any care responsibilities they may have (e.g. children/disabled dependants) as an employer may find themselves unwittingly involved in a discrimination claim if an employee with such responsibilities is subjected to a detriment for failure to work additional hours. |
Conclusion
With a bit of common sense and co-operation most of the practical and legal issues which arise from severe travel disruption can be overcome. The challenge for employers is balancing the needs of the business and its customers with the needs of its staff and their dependants. Handled correctly, this can be achieved and staff morale maintained.
If you need further advice on this subject we will be pleased to help you. |
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