Kiera Lee from Mills Selig solicitors to set out the legal implications from an employment point of view.

Should Stranded Employees be Paid?
If the employee is unable to return after arranged annual leave the employer is not under an obligation to pay them. Employers can ask employees to use annual leave entitlement and this means the employee will at least be getting paid during the delay. Employees are under a duty to keep their employers informed about how long they will be off work.

If the employee is travelling as part of their employment then the employer will be obliged to pay them in accordance with their contract of employment. Employees will also be entitled to claim any reasonable expenses that they would normally be due under their contract of employment. Unfortunately employers will have to foot the bill for additional nights’ accommodation and other reasonable expenses.

Airlines have differing policies on whether such expenses can be claimed back but the standard approach seems to be that the cost of cancelled flights can be claimed back or re-scheduled. Whether any additional expense can be claimed back will depend on the individual airline’s terms and conditions for delays and cancellations. The person who paid for the flight should make the claim and if this happens to be the employee this can be claimed back from the employer in the usual manner.

Health and Safety Issues
Employers are under a general duty of care to ensure the safety of employees during the course of their employment. Employers should assist employees in arranging extra accommodation to make sure they are adequately provided for and the financial burden of this is also likely to fall on employers. Employers can ask employees to continue working where it is practical to do so.

Short Time Working or Lay Off
There is a fear that the ongoing flight restrictions could lead to a downturn in work or production in some industries. Where this is the case employers may consider asking staff not to attend work if they are not needed. Generally, unless employment contracts have a clause allowing for short time working or lay-off, the employer must pay the employee for any time they are contracted to work.

If employees are put on short time working or laid off they can, subject to certain qualifying conditions, apply for a statutory guarantee payment. Employers may also consider consultation with employees about utilising holiday and other leave entitlement to avoid short time working or lay-offs.

Businesses, employers and employees are facing unusual circumstances and are advised to keep communicating to minimise the impact of these events.