With the recent disruptions at UK airports and issues facing Brits stranded across Europe, many UK employers are faced with the challenging situation of having employees who are unable to attend work due to circumstances beyond their control. In such instances, what are an employer’s obligations and what steps can be taken to minimise disruption in the workplace? Below are some key points to consider.
Communication is Key
First and foremost, maintain open lines of communication with your stranded employees. Be sympathetic to their situation and aim to keep dialogue constructive and focused on solutions.
Review Employment Contracts and Policies
It’s crucial to refer to the terms of employment contracts and any applicable policies, such as ‘Adverse Weather and Travel Disruption Policy,’ to determine both parties’ rights and obligations. Some contracts may contain clauses that deal explicitly with absences due to extraordinary circumstances, including an inability to return from abroad due to travel disruptions.
Flexible Working Arrangements
One potential solution is to assess the feasibility of the stranded employees working remotely. If the work can be done online and the employees have access to a reliable internet connection, this could be a viable temporary solution.
Paid or Unpaid Leave?
Whether the absence should be paid or unpaid can be a complicated issue and often depends on the specific terms of the employment contract. Employers may:
- Offer to Use Annual Leave: Employees may opt to use their annual leave days to cover the period they’re stranded.
- Unpaid Leave: In the absence of a contractual obligation, there is generally no requirement to pay employees who are unable to work due to being stranded abroad.
- Discretionary Paid Leave: Employers may choose to offer discretionary paid leave, especially if the situation is expected to be resolved quickly.
Alternative Staffing Solutions
It might be necessary to temporarily re-allocate tasks among existing staff or hire temporary staff to cover for the stranded employees. This can help minimise the disruption to your business operations.
Health and Safety Concerns
For employees who are stranded, their well-being is a top priority. Employers should remain informed about the conditions their employees are facing and offer support where possible, such as assisting with finding local accommodation or supporting with essential needs.
Legal Obligations
In the event that the absence becomes prolonged, employers should consult with legal professionals to understand any potential ramifications, such as the possibility of ‘frustration of contract’ in extreme situations.
Summary
While the situation can be stressful for both the employer and the stranded employee, it’s essential to approach it with a sense of fairness, flexibility, and understanding. Consult your legal advisors and HR teams to navigate the situation in compliance with UK employment laws and the specific terms of your employment contracts.
For more tailored advice or if you have specific questions contact us at www.orchardemploymentlaw.co.uk