Eruption in employee absence

Wake Smith Solicitors 19 April 2010

Companies have been faced with a dilemma as a result of the Icelandic volcano eruption and resulting ash cloud as employees remain stranded around the world after an extended Easter break.

 Workers have been unable to travel back from the continent and further afield as aircraft have been grounded and other forms of transport have become congested and increasingly expensive. However, UK businesses will now be counting the cost of employee absence and with good reason. With no clear indication from experts when the situation will be resolved, the problem for companies could easily continue into the coming weeks.

 For employers affected by the unexpected absence of key workers, the starting point will be the individual's contract of employment. However, the default legal position is that an employee has no right to be paid when he or she does not attend to work. However sympathetic an employer might be, in a time of recession money is the most valuable resource. Companies might want to consider permitting employees to take the time as holiday as opposed to unpaid leave, but some flexibility should be granted with regard to reporting such absence.

 Employers have already taken a hit this year when "snow days" caused disruption to domestic travel and they may be less sympathetic this time around. Unfortunately, the problems caused by the temporary cessation of air travel are likely to cause an unexpected headache for those stranded rather than the extended holiday we would all like to enjoy.

 For more information and advice, please contact a member of the employment law team on 0114 266 6660

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