Thackray Williams

The shut down of UK air-space because of the volcanic eruptions in Iceland is causing unprecedented travel chaos. Many UK citizens are unable to return home from holidays taken abroad during the school holidays. Most work places and in particular schools, are having to operate without a full complement of staff. 

If your employee is stranded abroad because of genuine travel problems then an employer should first of all check their employee contract of employment and the employer’s own handbook to ascertain whether this type of situation is covered.

If it is not then an employer may use their discretion to decide whether or not the absence should be treated as paid or unpaid leave. However, it would be good practice to discuss this with all affected employees before unilaterally deciding on what basis to proceed. If it is possible to set up your employee for remote working from their location then this is something you (and they) may want to explore as an alternative to leave being taken.

Disciplinary action against an employee who has a genuine reason for not being able to return from holiday on time is not advisable as it may be seen to be unreasonable.

More generally, how to deal with an employee taking unauthorised holiday or time off should be dealt with in the employers’ handbook and disciplinary procedure unless it qualifies under any of the statutory entitlements regarding, for example, sickness or time of for dependents.

For an employee who may have to take unpaid leave the best advice is to check their travel insurance policy to see if loss of earnings is covered.

For more information about employment issues contact David Hacker on 0208 290 0440 or email david.hacker@thackraywilliams.com