How should employers deal with staff stranded by volcano crisis?

The travel crisis caused by the Iceland volcano seems to be over but as the dust settles, many employers will now be wondering how to deal with staff who’ve been absent from work after being stranded abroad.

Thankfully, there are some common sense options that are fair to both sides.

Strictly speaking, failing to turn up for work after a holiday would be classed as unauthorised absence and so it would be possible for an employer to start a disciplinary procedure.

In reality, however, such action could end up in a tribunal which would probably find that disciplining someone caught up in a once in a lifetime event like a volcanic eruption was unreasonable.

Again strictly speaking, workers don’t have an automatic right to be paid when they fail to turn up for work - unless it’s provided for in their contracts. Firms that do feel the need to take a strong approach will therefore need to check their employment contracts and policies before docking wages or they could also face tribunal claims.

The best approach, however, is for both sides to show a little common sense and be prepared to reach an agreement. For while no company wants to pay people who fail to turn up for work, docking the wages of workers who’ve already suffered the stress and expense of being stranded abroad through no fault of their own may seem a little harsh.

It’s also unlikely to be good for morale.

There are a number of options available to deal with the situation. For example, employers could suggest that employees treat the unauthorised absence days as unpaid leave, or as part of their annual leave entitlement.

Another solution would be to pay the employee for the days they were absent but reach an agreement that the time will be made up in stages over the coming weeks or months. This might be particularly appropriate for staff who work flexible hours.

Whatever approach employers take, they must be consistent and they must follow the procedures and obligations laid down in their employment contracts. Treating two employees in the same situation differently could lead to a claim.

Employers should also be consistent in terms of how they dealt with similar crises in the past. For example, difficulties could arise if an employer had paid staff who were absent due to the heavy snowfalls during the winter but then refused to pay staff who were absent because of the volcano.

Much will depend on individual employment contracts, but whatever the technical position, a little goodwill and compromise on both sides will do a lot to prevent problems arising and help maintain a good working relationship.

Please contact us if you would like more information about this or any aspect of employment law.