RAIL STRIKES AND TRAVEL ISSUES
There has been rolling period of travel disturbances over the last few weeks, from employees getting stranded abroad, to the start of major rail strikes and travel issues.
Below are some key points which may help to answer some common questions around where employers stand during such times.
Does the business need to pay employees who are stranded abroad?
If an employee fails to attend work, or has a period of unauthorised absence, they do not have entitlement to pay for that period – however before deductions are made, it is advisable to carry out a thorough investigation into the circumstances.
Should an employee become stranded abroad, they should let the business know as soon as possible if there have been disturbances to their travel, and if possible, how long the disruptions may last. It would be advisable for the employee and the business to agree for additional days to be taken as holiday to avoid missing out on pay. If the employee has used their full holiday entitlement already, it may be an option to take unpaid leave.
It may the case that the employee can work productively remotely, and a temporary arrangement could be made.
Employers will need to investigate the circumstances surrounding the travel disruptions and act in a fair and consistent manner. It would be sensible to seek advice before any action is taken, and good documentation of conversations should be saved.
What can we ask of employees who are stuck abroad?
If employees are equipped and able to do so, they may be able to work remotely, this would help minimise disruptions to the business and their team.
However, if this is not an option, the employee should (where possible) call or email to provide a handover or a list of instructions relating to any work or projects that may require attention in their absence.
Managers will need to ensure they are supporting the team or workforce in the employee’s absence and help to mitigate potential areas of stress that arise due to this situation.
If leave is not paid, employees could make up the time else where with agreement from the business.
Do we need to discipline absent employees?
This would need to be looked at on an individual basis, and the business would need to assess each case in terms of reasons for absence, length of absence and amount of disruption caused. It is important to stress here that fair and consistent processes are carried out across the workforce to avoid discrimination.
If it is found the employee has gone against advice with respect to foreign travel, then it may well be they will suffer the consequences of such actions.
It would also be wise for businesses to look at why they may feel the need to progress with disciplinary proceedings, and what impact that would have on morale and employee engagement. The majority of employees would likely be experiencing feelings of frustration, worry, and fear of letting their employer down on top of the stress of trying to get home, so if it isn’t necessary to begin a disciplinary investigation, then a bit of kindness and empathy would go a long way.
What if employees are unable to travel to work?
Employers will need to be as reasonable and as accommodating as they can with employees who are making a genuine attempt at getting into work. It may be employers allow for employees to come in late or leave earlier without any reduction of normal wage, and where necessary paying for or reimbursing any temporary accommodation.
Kindness and reassurance from the business will help keep morale up. Other than travel disruptions for work, employees may be facing difficulties with childcare and other caring responsibilities outside of work. There may also be anxiety around letting the business or their team down, as well as a change in routine and extra stressors added to their day.
If working from home isn’t already common practice, the business could make temporary arrangements or alter workloads to allow for staff to work from home.
Can staff take holiday?
If employees have enough holiday allowance left, they may (with the approval from the business) be able to take holiday at short notice.
Are there any legal implications for staff who cannot get to work?
Legally, if an employee is unable to attend work due to suck disruptions as a rail strike, but the workplace remains open and work available, then the employee has no right to be paid for the day.
In theory, non-attendance or refusal to attend work could lead to disciplinary action, however if the business is considering any kind of disciplinary action towards employees, the advice is much the same as it is for stranded employees – is it really necessary, and if so, are you running a fair and consistent process?
What could the longer-term effects be?
Long term or regular disruptions to travel could negatively impact the employees mental, physical and financial health, which could ultimately lead to employees resigning. This would especially be the case if the business approached such situations with frustration and an unhelpful attitude. To avoid losing talented and valuable staff, there needs to be trust and flexibility in these circumstances.
How can our business prepare for future disruptions?
It is advisable that all policies and procedures are reviewed at regular intervals to ensure the business remains compliant with changes in laws as well as making sure they continue to reflect the company values and culture.
There will always be a risk of external factors affecting the running of the business, therefore it is important you have the correct policies in place to safeguard the business, and the employees.
When was the last time your business reviewed contract clauses such as “Deductions to Wages” or your policy on “Travel Disruptions for Employees”?
For support and guidance, please get in touch with our expert HR team via hr@stellamar.co.uk.
