Widespread train strikes continue this week, potentially pushing back the return to workplaces after the festive break for some employees.
Network Rail has warned that services will be significantly reduced until Sunday 8 January, as trade unions including the RMT and Aslef continue to take industrial action over pay and conditions.
It is urging commuters to travel only if necessary, with only 20% of trains running.
The RMT’s dispute over pay, job security and safety will affect Network Rail and 14 train operating companies on 3-4 and 6-7 January, shutting down most rail services across the country. An estimated 40,000 workers are expected to walk out.
Train drivers in the Aslef union are striking at 15 rail companies on 5 January over pay.
RMT general secretary Mick Lynch accused the government of preventing Network Rail and the Rail Delivery Group, which represents train operating companies, from producing an acceptable proposal on job security, pay and working conditions.
He said: “In this dispute, there is an unprecedented level of ministerial interference, which is hamstringing rail employers from being able to negotiate a package of measures with us, so we can settle this dispute. We will continue our industrial action campaign while we work towards a negotiated resolution.”
However, transport secretary Mark Harper told the BBC that there had been a new and improved offer put to trade unions.
“I would much rather they got off the picket line and got back round the negotiating table to hammer out a deal on reform and pay with the employers,” he said.
Network Rail said proposals put forward to the RMT were “fair and reasonable” and urged the union to revisit it.
Tim Shoveller, chief negotiator for Network Rail, said that a deal was within “touching distance” adding that it needed only “2,000 people who voted ‘no’ last time to change their vote and the deal will pass”. He told BBC Radio 4’s Today programme: “Some members are coming back to work, and we are seeing increasing numbers come back to work, but that’s not the way to resolve the problem or the dispute.
“The way to resolve that dispute is through an agreement and what we’re saying to the RMT is that it’s very clear from the referendum that they held – they did it very quickly, it was only open for a few days – that actually that was rushed, and it didn’t allow and give time for people to ask genuine questions.”
The RMT has secured deals with Scotrail, Transport for Wales and Eurostar, which has ended disruption to these services.
How should employers handle train strikes?
Claire Warner founder and CEO of workplace culture consultancy Lift, said it is an employee’s responsibiity to get to and from work.
“Rail strikes are hugely inconvenient and impact hundreds of thousands of workers, but unfortunately, there are very few grounds for paid absence due to train (or other transport) strikes. The main exception to this is in the event that the employer officially provides travel to and from work and that form of transport is the one striking,” she said.
“Alternative provisions will almost always be at the discretion of the employer, and potentially other colleagues, as the legal position still stands.
Rail strikes are hugely inconvenient and impact hundreds of thousands of workers, but unfortunately, there are very few grounds for paid absence due to train (or other transport) strikes.” – Claire Warner, Lift
“Like with most workplace challenges, the approach that is most likely to result in an acceptable outcome for the employer and the employee is early conversation and discussion. But unfortunately, legally, absence from work due to train strike, if no other solution is agreed, is deemed as unauthorised absence.”
Employers should allow staff affected by train strikes to work from home where possible, said Angela Carter, legal director for England and Wales at WorkNest.
“If you can work from home then this is an obvious solution. Where that is not practical then businesses should pre-plan for strike days,” she said.
“If the employee could take the day as a holiday or as unpaid leave then do so. If you have shift workers, plan rotas around people’s commuting capabilities and more creative solutions may be to arrange taxis or minibuses for employees when public transport is off.”
Warner said employers could also consider permitting temporary agreements to different working hours; temporary agreement to different duties which can be done from home; redistribution of working hours (adding extra hours to other days); or swapping shifts, responsibilities, or hours with a colleague who is able to travel.
Ian Jones, principal solicitor at Spencer Shaw, said that employers can ask staff to take annual leave on strike days if given enough notice. “With enough time and warning the employer could compel the employee to take leave using regulation 15 (2) of the WTR 1998. The employee would then still be paid for the time off,” he said.
Antonio Fletcher, associate director and head of employment at Whitehead Monckton, said employees should inform their employer about problems travelling to work as soon as possible, so both parties can attempt to find a resolution. Organisations should also have a clear policy in place to deal with travel disruption.
Some employers with staff shortages or high levels of sickness absence might struggle this week. “Particularly in those cases finding early solutions or alternatives is essential,” he said.
“In the longer term, should strike action become more regular or protracted and given the current positive employment market for employees, there is a risk that employers who take a less flexible approach to these types of issues or are located in areas that are less accessible by other means of transport could struggle to retain or attract staff,” said Fletcher.
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