What to do when employees are stranded abroad

Although much of the UK’s airspace has now re-opened, the ash cloud following the eruption of Iceland’s volcano caused severe disruption not only to the airline industry but to many employers whose employees were (and still are) stranded abroad.

What steps can employers take to minimise disruption to their workforce?

If employees cannot get into work because of travel disruption, what if anything, can employers do?

The starting point is to communicate with employees and reach agreement on the way forward. If there is a policy already in place to deal with similar emergency situations it is important to communicate this policy to employees either by telephone or email. If you do not have such a policy, now is a good time to implement one and, in the interim, give consideration to the points raised below.

If possible, make contact with employees who are stranded abroad to ascertain whether there are any issues you should be aware of in respect of their workload (i.e. any forthcoming deadlines or client meetings). This will also give you the opportunity to find out when the employee will return, allowing you to plan appropriate cover. Can an employee logistically do any work whilst away? Are they staying somewhere that has secure internet access or do they have a mobile phone which will allow them to access their emails?

Do employers have to pay staff that cannot come into work due to being stranded abroad?

In essence, no - there is no right for staff to be paid if they do not report to work due to travel difficulties; however, consideration needs to be given to the employee’s contract of employment. Deducting pay where there is no contractual right to do so could leave the employer exposed to employment tribunal claims for unlawful deductions of wages.

Consider too the reason why the employee is abroad. If it is because of work commitments, it would be unfair to deduct pay if they cannot report to work.

Can the employee take the time as holiday instead?

Whilst there is no obligation on employers to allow employees to take extra holiday in this way, employers could agree with an employee that time spent stranded abroad be taken as further annual leave. It is agreement that is the key. Employers cannot force an employee to take unless such a right to do so is reserved in the contract of employment and remember that payment of holiday should be at the employee’s normal daily rate.

Other options could be to consider using up and time in lieu or flexi time or allowing unpaid leave to be taken in such circumstances. Another option could be to continue to pay the employee but agree they will make up the time lost over a period of time, to be agreed.

Are there any other options?

If the employer has offices overseas stranded employees could potentially carry out work abroad. An employee in this situation must continue with their UK duties, as opposed to being assigned work by the local, host office, to avoid any immigration implications.

What about taking a day off because the employee’s child minder is stranded abroad or the school is closed due to no teachers?

Employees have a statutory right to time off to deal with emergency situations regarding their dependants; this includes situations which are sudden and unexpected. Employees who exercise this right must not be treated less favourably for taking such leave or exercising their right to do so. The time off is generally unpaid, unless the employer decides otherwise.

Do employers have to financially assist employees who are stranded abroad?

In essence, no – employees do not have a right to claim against their employers for additional travel costs in returning from holiday, unless their contract of employment provides for this.

Bear in mind, however, that employers will not be able to ask their employees to go to unreasonable lengths to return home by a different method if they are not paying for any additional costs. This may also negate the employee’s own travel insurance if they have tried to get back home on their own steam without the insurance company’s say so.

In summary

However the employer chooses to deal with employees who are absent due to travel difficulties, it is imperative that all employees are treated fairly and consistently. By acting in a manner which is in accordance with a proper and fair procedure, employers will help to maintain employment relations and, hopefully, prevent complaints to employment tribunals.

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

Back to news