Wednesday 21 April 2010

When the dust settles


In the wake of the disruption caused by the cloud of volcanic dust the backlog of stranded travellers will take some time to clear. Tmpact it has and will have on businesses will be enormous. APA set out to find the best advice on how to handle staff absence. The following statement has been issued by the Legal Protection Scheme of the Federation of Small Business (FSB). They said:

“Small businesses are under no obligation to pay employees who miss work due to being stranded by the air travel ban. Wages are paid for work done, meaning firms reserve the right to withhold payment even though the circumstances are beyond individuals' control.

Employers could give staff the option of taking unpaid leave, taking further annual leave or making up the time at a later date. The employer cannot force the employee to take further annual leave retrospectively though - this would require their consent to do so. The starting point is that it's simply unpaid leave."

However, the FSB's advisers urged firms not to discipline employees who are unable to return to the UK from abroad, as this is clearly the fault of a volcanic explosion not a conscious decision on their part. Finally, the LPS said it is at the discretion of the employer whether or not they are prepared to rearrange agreed annual leave with workers due to go off on holiday.

APA encourages all employers to be tolerant and accept the inevitability that ‘Acts of God’ happen and by their nature we could all be subject to them form time to time.

Gareth, APA

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