This week, a two-day train strike will cause more travel disruption for millions of employees across the country. With no end in sight to the strikes it means those reliant on trains for their commute are unlikely to make it into work. It will also have a huge impact on the roads as commuters take to their cars in a bid to get to work.
What if employees are unable to travel to work?
* Employers should try and accommodate all reasonable requests by employees who are making their best efforts to come into work during strikes, including allowing staff to come in late or leave early, and where necessary funding overnight accommodation.
* Don’t unreasonably discipline employees who are genuinely unable to make it to work or who are late. There are no legal requirements about what businesses must do, but thinking outside the box will be a key consideration for critical staff in certain industries.
* Have a clear policy for dealing with travel disruptions if working from home is not an option. Any policy must make it clear that employees will not be paid if they are not able to get to work and the steps that employees are required to take when faced with travel disruption.
Employers are urged to speak with staff and agree alternative arrangements as follows:
• they work longer hours in the office the day before the strike to make up for lack of working hours the following day;
• you enforce holiday for the strike days – but you must give two days’ notice to enforce one day of holiday;
• they take it as unpaid;
• they use accrued time off in lieu;
• you arrange taxis or minibuses.
It’s important to remember that, while you have no legal obligation to pay staff that can’t make it into work due to strikes, there are ways to soften the blow and keep relationships positive.
FREQUENTLY ASKED QUESTIONS:
I can’t get to work because of the rail strikes. Does my employer have to pay me?
No they do not. It is, generally, an employee’s responsibility to get to and from work and so, if this is not possible, the employer is entitled to regard such absence as unauthorised. An exception to this might be where the employer provides transport, for example, a bus service, and this is cancelled.
Some employers may consider allowing employees to request the time off as annual leave or to work from home during the days the rail strikes are due to take place.
My workplace has closed for the day because of the strike. Does my employer have to pay me?
Unless your contract has a provision allowing for unpaid lay-off, your boss will still have to pay you if your workplace is closed because of the strikes; this also cannot be marked down as a holiday.
If you are on a zero-hours contract or your employer has a contractual right to decline to offer you work at short notice, they may not have to pay you. Also, as there has been advance notice of the industrial action, the employer could give prior notice to require employees to take their holiday.
If I’m on annual leave and my employer shuts my workplace for the day, do I still have to use my annual leave for that time, even though the business is shut?
This depends on your employer’s policy and whether employees are still expected to work while the business is shut. You may be able to “claim your holiday back” if everyone else is being given a day off, but if other colleagues are expected to work from home or continue to attend appointments, then it is less likely.
For a travel disruption policy or any further advice please contact mailto:nicola.goodridge@goodhr.co.uk or call +44 7917 878384
