Employers considering withholding the pay of staff marooned overseas due to the disruption caused to flights by the volcanic ash cloud should show restraint and common sense.
Dawn Dickson, Partner in Lindsays' Employment Team, said that even though there was a strong argument that employers were generally legally entitled to withhold pay, any docking of pay was likely to have an adverse impact on staff morale.
She also stressed that employees were also required to show good sense, and to liaise regularly with their managers to keep them appraised of the situation. Any failure to do so, she warned, could lead to disciplinary action being taken against them.
She said: “Employers have a decent argument that pay is offered in return for an employee’s availability for work. If you are not available, unless the contract of employment says otherwise, then you are not entitled to pay.
“However I would urge employers considering this to think about it carefully, and to be cautious about the potential impact on staff morale.
“Better to be flexible and look at a range of alternative options to mitigate the impact of this disruption – and it should be remembered that for some businesses, especially smaller ones, it could be very substantial.
“Staff might be asked to use some or all of their absence as annual leave, or time due. They could be asked to make up lost time at a later date, or, if possible, they could be asked to spend some of the time they are stranded working if remote working is possible. Alternatively, if the employee works for an international company and there are offices overseas, they could be asked to work at an office near where they are stranded, or even the offices of a friendly client. A combination of these might also be possible.
“In a legal sense, as well as a good management sense, the key here is acting in a way that is seen to be fair, reasonable and consistent.”
