It's the one in Iceland, I can't spell it either

Now that the drama of the election is over and the novelty of the Coalition government is fading and before the whole country shuts down for the World Cup, it’s time for a brief reminder of the event that brought Europe to a standstill, Kenyan flower growers to the brink of bankruptcy and led to people having extended holidays all over the world.  Yes: the eruption of the Eyjafjallajökull  volcano (it’s only marginally easier to spell than to pronounce), which won’t quite go away (although The  Guardian reported on 23rd May that it may now be dormant) and which caused almost as much pain to news broadcasters as to those stranded in airport departure lounges.

Although there was a marked “spirit of Dunkirk” at the time, with Royal Navy ships being dispatched to the coast of Portugal, it seems many employers didn’t quite see it the same way according to a survey commissioned by recruitment consultants Badenoch & Clark. It reported that 43% of employees caught up in the chaos had their pay docked or their annual leave entitlement reduced.  Approximately one-quarter of employers were prepared to allow staff to work remotely, whilst 32% allowed staff to take the days off as additional leave.

The press release quotes Andy Powell, a Director at Badenoch & Clark, saying

“Employers cannot be expected to give out additional paid leave because of acts of God; however, it is important for employers to set a standard policy on this, so that everyone understands the consequences of any delays returning to work.  While remote working is a good solution in some cases, for many people it will not be a viable option. As such, although ensuring you are contactable by mobile or smart phone where possible is a sensible precaution, both employers and employees need to understand that the risk of disruption should be shared.”

One day you'll look back on all this and laugh ...

I think Powell has it right.  If there’s one thing everyone knows about “Eyja” it is that the last time it erupted it did so for two years.  Now is the time for employers to develop their policies on this in case it happens again.  If an employee fails to attend work without a good excuse that will usually be treated as unauthorised absence and thus a disciplinary matter.  It would be a harsh (and probably imprudent) employer that disciplined an employee who had been stranded abroad.  Employers need to make it clear what steps they will take in this situation, whether to make employees take it as unpaid leave or to reduce annual holiday entitlement and very few employers will want (or be able to afford) to grant it as additional paid leave now that the risk is known.  What is most important is that employers have a policy and adhere to it consistently, to avoid the risk of claims arising.  An employee may try and claim for breach of contract or unlawful deduction of wages if they have their pay or holiday entitlement docked, but provided an employer can show it had a policy and adhered to it, the risk of being held liable for such a claim should be much reduced.

Badenoch & Clark have created a Facebook page called CareerTalkUK   where you can get career tips and useful information, or you can follow them @CareerTalkUK.  It’s got a nice orange logo as well.

If you require any assistance on this or any other employment law issue please do get in contact with me, either on 0207 464 8433 or at michaelscutt@dalelangley.co.uk

No related posts.

Has the Dust Settled on the Ash Cloud? originally appeared on Jobsworth by Michael Scutt on 27/05/2010.