Goodwill can prevent eruptions as stranded staff return home

As the dust settles on the volcano air travel crisis, many employers will be wondering how to deal with staff who have missed time off work after being stranded abroad. Laura Forster examines some common sense options that are fair to both sides.

Strictly speaking, failing to turn up to work after a holiday would be classed as unauthorised absence. Ordinarily it would be possible for an employer to contemplate disciplinary action. However, should such action result in an Employment Tribunal hearing, it would be likely that it would be found to be unreasonable to discipline someone caught up in a once in a lifetime event like the recent volcanic eruption.

Workers do not have an automatic right to be paid when they fail to turn up for work, unless it is provided for in their contracts. Companies that feel the need to take a strong approach will therefore need to check their employment contracts and policies before docking wages or they could face Tribunal claims.

The best approach, is for both sides to show a little common sense and be prepared to reach an agreement. There are a number of options available to deal with the situation. 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, it is important to be consistent and follow the procedures and obligations laid down in their own employment contracts. Treating two employees in the same situation differently could lead to an Employment Tribunal claim.

Much will depend on individual employment contract, 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.

For more information please contact our employment law expert Laura Forster on 0115 988 6721 or email lforster@andersonssolicitors.co.uk