As airlines continue to face a huge logistical operation to return holidaymakers to the UK after an unprecedented six-day shutdown, employers and stranded employees have another challenge to face which may cause further post Eyjafjallajokull eruptions.
Steve Willey, HR and Employment Law Consultant with Yorkshire Law firm, Last Cawthra Feather offers local employers clarification on returning employee issues:
Airlines such as Ryan Air initially announced that they will not pay their customers a penny more than the cost of their flight in compensation, asking the Government to foot the bill instead. This added insult to injury for the thousands of Yorkshire people stranded overseas and unfortunately many will be faced with yet more hurdles to jump when they return to work – a real prospect many employers will have to be prepared for.
In a nutshell, if an employee is on holiday and unable to report for work at the end of their pre-booked time they have three options. They can forfeit any remaining holiday entitlement to make up the shortfall, ask their employer to grant them unpaid leave or agree to make up the time. This is obviously at the discretion of the employer or based upon the terms of employment.
Employees are prevented by law from using holiday entitlement from the last or next years allocation unless that leave is over and above the minimum statutory entitlement of 5.6 weeks. However, any leave used to compensate the unrequested holiday will have to be given with the employers consent as the employee has no legal right to take it without agreement.
However for those employers whove not been informed of a member of staffs absence, theyre well within their rights to take the matter further. They can also request specific information about their absence if they strongly believe that the information provided is an inaccurate account.
Employees who are abroad on business are however entitled to their normal salary and allowances if they are delayed. This would typically include any out of pocket expenses, but doesnt have to include private costs, such as additional child care – yet again this is discretionary.
Steve concludes: The after effects of this natural disaster have been catastrophic for not just the travel sector, but British business as a whole. The domino effect will continue to be felt throughout industry for the months to come, so its incredibly important that those involved seek professional advice to smooth the difficult times predicted ahead.
For further information, contact Steve Willey at Last Cawthra Feather on Tel:01274 848800 or visit www.lcf.co.uk
