Employers with staff stranded abroad because of flight cancellations following UK air traffic control problems have been advised to be flexible and allow them to work remotely if they are able to.
Holidaymakers heading back to the UK are expected to face flight disruption and potential absence from work for several days, as airports experience the knock-on effects of a glitch that took down the UK’s air traffic control system yesterday (28 August).
Hundreds more flights have been cancelled today, with many others significantly delayed.
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Many passengers have struggled to find alternative flights amid high-demand, while the Eurostar has scheduled additional trains as holidaymakers flock to busy train stations in the hope of getting home.
HR and employment law experts have advised employers to be sympathetic to employees who are absent because of flight disruption, but said they are under no obligation to pay staff who are not working unless their contract says otherwise.
Ian Jones, principal solicitor at Spencer Shaw, said: “Strictly, non-attendance is a breach of contract, but if the employee cannot get to work this can create a dilemma for the employer. The simplest option is to tell employees that if they can’t attend work they won’t be paid.
“Employers could consider asking the employees to take a day’s leave so that they will be paid. However, it is unlikely employers will be able to compel an employee to take leave, as employers must give a certain amount of notice to do this.
“Employers might consider granting an additional day’s leave and paying the employee but should consider whether this might cause resentment from other members of the team, especially if they have already done extra work while the employee was on holiday.”
However, organisations must continue to pay staff who are stuck abroad while on a business trip.
James Watkins, employment lawyer at Howells Solicitors, said: “If you’re on a business trip, and you’re abroad because your employer has sent you, then you should legally be paid for the days that you’re missing at home, whether you’re working or not. The employer should also pay for you for any costs that you may occur, including food, drink and hotel expenses.”
Kate Palmer, HR advice and consultancy director at Peninsula, said employees have a responsibility to contact their employer to let them know they will not be back at work as planned.
Employers could consider asking the employees to take a day’s leave so that they will be paid. However, it is unlikely employers will be able to compel an employee to take leave, as employers must give a certain amount of notice to do this.” – Ian Jones, Spencer Shaw
“Normal absence notification procedures should be followed, although it may be helpful if employees speak with their employer as soon as they know that they will not be back in time for work to give as much notice as possible for alternative arrangements to be made. These days, almost everyone has a mobile phone, so there shouldn’t really be any employee who does not have the means to quickly contact their employer.
“If the employee does not get in touch, it would initially go down as unauthorised absence – until they confirm to you why they were not in. Where normal absence notification procedures have not been followed, find out why. It may be that the timings of their delayed flight meant they were unable to get in touch when they should have, so keep an open mind here.”
The employee and employer should come to an agreement about how the absence will be categorised. For example, they may be able to take more annual leave or use any time in lieu.
David Rice, HR expert at People Managing People, said: “Ultimately, it’s up to [the employer] to make a decision on whether it impacts their pay as the company isn’t under a legal obligation to pay for time missed, but it’s worth thinking about the impact of that decision on the employees perception of the company and their overall morale.
“Being flexible with people as they go through things like this, particularly in an age when many people can contribute remotely, is a better reflection of organisational values that your people can get behind rather than leaving them out of pocket and worrying about their job security if they can’t get home quickly.”
Antonio Fletcher, head of employment at law firm Whitehead Monckton, encouraged organisations to be flexible: “Can the employee work whilst they are overseas temporarily? If not, allow them to take additional holiday to cover the period of absence or alternatively offer at least unpaid leave.”
He advised employers to consider introducing policies to deal with unforeseen circumstances so that clear rules and expectations are in place.
Employees may be able to work remotely, suggested Angela Carter, legal director for England and Wales at employment law consultancy WorkNest.
“If an employee is able to – and has the equipment to – work productively remotely then this is something which could be agreed with the employer and they would then be paid as normal. However, it would be for the employer to take a view as to whether the employee is properly equipped and able to work remotely from abroad,” she said.
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