AS ANOTHER VOLCANIC ASH CLOUD BLOWS IN FROM ICELAND, WHAT IMPACT DOES THIS HAVE ON YOUR RIGHTS TO BE PAID IF YOU ARE ADVERSELY AFFECTED?

BY PHILIP LANDAU, EMPLOYMENT LAW SOLICITOR AND PARTNER OF LONDON FIRM, LANDAU ZEFFERTT WEIR. 020 7357 9494 pl@lzwlaw.co.uk

As another volcanic ash cloud make inroads into UK airspace and with half term looming, we could be set for another major disruption in the workplace if you are stuck abroad or connected with the airline industry. In April 2010, the volcanic ash over the UK and Europe from Iceland caused disruption to the aviation industry on a scale not seen in this country since World War II. Many thousands of people were stuck abroad for weeks until the cloud dispersed.

What are your rights if you stuck abroad?

If you cannot get back to work, then the starting point is whether your employer has an “unauthorised absence” provision in your contract of employment or staff handbook that would still entitle you to be paid. Many employers have reviewed their policies since last April and have tried to make them as robust and as possible to ensure that you would not receive payment, save for exceptional circumstances which may be listed.

In the absence of such a policy, employers do have a discretion whether or not to continue paying you as the obligation is to only pay for work that you have actually carried out. You could therefore either be forced to take the days as unpaid leave, or as part of your annual leave, although there are notice provisions required by your employer where they want you to take the time as annual leave.

Employment regulations require that to require an employee to take annual leave, an employer must give at least twice the length of notice of the holiday they wish an employee to take. Therefore, if an employer wishes an employee to take two days leave, they must give four days notice. It is important to note however, that the legislation does allow employers to exclude this obligation in their contracts of employment and many Employers will have done so. In this case, employers can require staff to treat the days as annual leave without the need for notice.

The situation may be different if you were abroad on business (as opposed to being on holiday). You should argue in these circumstances that it is through no fault of your own that you cannot get back to the UK and it is unreasonable for there to be any adverse impact against you as a result- after all, you were abroad as a result of the Bank’s business in the first place.

Employers can require employees to take reasonable steps to find alternative means of getting to work or working remotely. Indeed last April, there were reports of many people who were able to undertake at least some work remotely especially where such work was computer or telephone based. Employers can also insist that employees follow company procedures relating to unauthorised absence and give proper notification and updates to their employer. A failure to follow such process could lead to disciplinary action even though the reasons behind the absence are legitimate.

Whatever decision Employers make with regard to affected employees, they should treat everyone in a consistent manner and you should consider lodging a formal grievance if you believe your employer has treated you unfairly in this regard.

Re-arranging your holiday plans

Employees whose holiday plans have been disrupted may request their employer to rearrange pre-booked annual leave. An employer does not have to agree to this, but their response should be reasonable and consistent.

Feel free to contact Philip on pl@lzwlaw.co.uk or 020 7357 9494 for a free consultation on this or any other employment law issue