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Employers Need Not Get Burned by a Volcano

The hitherto unheard of (and unpronounceable) Icelandic Eyjafjallajökull volcano had been releasing millions of tons of volcanic ash into the atmosphere until May 2010, causing continued disruption to the travel sector and wider UK economy. Although at time of writing it appears to have gone quite, geologists calculate that it is capable of erupting for many months yet.

So, with summer holidays coming up, what would you do if you had an employee stranded abroad and unable to return to work on time? 

Do you have to pay an absent employee?

In much the same way as when the UK was hit by snow storms earlier this year leaving most of the country unable to travel to work, employees are not entitled to be paid for this absence. 

Act flexibly 

Therefore, if you have an employee who is on holiday and unable to report within the pre-booked time, they have three possible options:

1. They may use any remaining holiday entitlement; 
2. Take unpaid leave to make up for the shortfall;
3. Or agree to make up the time. 

Workers on business while stuck abroad 

On the other hand, if you have employees abroad on business they are entitled to their normal salary and allowances if their return home is delayed, including any out of pocket expenses, but not necessarily private costs, such as additional child care – yet, again, this is discretionary.

Consider remote working 

Where absent employees are sufficiently senior to be able to work remotely using email, the internet and video conferencing, it might be that you agree that they work while abroad. This would negate the need to allocate the time as holiday, paid or otherwise, but requires an element of trust on the part of the employer.

Conclusion

As businesses try to come to terms with snow storms, volcanoes, flu pandemic and other ‘Acts of God’, we would suggest all employers have a staff handbook in place providing clarity in the event of unexpected absences from the workplace. But be warned, the last time Eyjafjallajökull erupted, in December 1821, it did not stop until January 1823 – some 14 months later. The issues introduced here may well need to be kept under consideration for a long time to come.

The author of this article, Michael Pitt, is a Partner at Pearson Hinchliffe LLP and head of its Employment Team.  To discuss any employment law issue affecting your business or you personally, please feel free to contact him using the details provided below.