Holidays in Volcanic Ash
20th April 2010
The grounding of aircraft within Europe raises again the question of whether employers have to pay employees who do not attend work. Similar considerations apply during the winter snow storms.
There is an important difference between the winter snow storms and employees being stranded in foreign countries. Depending on the job concerned many employees were able to carry out productive work at home, but it is unlikely they will be able to do so whilst abroad. Nick Watson, Employment Partner at Stone King commented
"Many employers may understandably think that if their staff do not turn up for work, unless it is due to sickness or agreed holiday, they should not be paid.
However, as is often the case the law is less certain on the matter. If an employee is 'willing and able' to work, then subject to anything stated in their contract, they are entitled to be paid even though they may not attend work.
I am sure that most employees who have been stuck abroad will state that they are willing to work, but of course they have not been able to do so. Doubtless employers will want to check the position fully. For example, do their contracts or Handbooks deal with the situation? What efforts were made by the staff concerned to return home?
Whilst some employers may accept it is just unfortunate, clearly the absence of some staff has an impact on other staff. If staff are away for a period of time, it may also incur a direct cost, for example, agency staff being required.
With some people warning that extremes of weather is going to be a regular feature, I think that employers should consider their current procedures. Whilst one would hope that volcanic ash is likely to be an extremely rare occurrence, snow storms might not be."
For further information contact Nick Watson on nw@stoneking.co.uk or telephone 01225 324435.
