The recent eruption of the Icelandic volcano Eyjafjallajokull and the subsequent travel disruption caused by the millions of tons of volcanic ash it released into the atmosphere has highlighted a difficult employment law situation.

Many thousands of employees were left stranded abroad as a result of the closure of UK airspace following the volcano’s eruption, and this had a significant impact on many British businesses.

So what are the legal implications of such a situation for employers? The case is similar to that which employers faced earlier this year, when severe snow storms left many roads impassable and a significant number of employees were unable to travel to work. In these circumstances, workers are not entitled to be paid for their absence, even though they are not at fault.

Employees can be given the option of either using some of their holiday entitlement to cover their absence or taking unpaid leave for the period they are unable to get to work. However, some employers elect to pay absent employees in such circumstances as a gesture of goodwill. Notably, Asda has taken this option as a morale-boosting measure.

Although it is inconvenient and frustrating for employers to lose key staff members during such periods of disruption, as the circumstances are beyond the employee’s control, disciplinary action should not be taken.

However, if a worker does not inform their employer of the reason for their absence and fails to keep them updated on their circumstances throughout their absence, they may be in breach of the Absence Reporting Procedure, which could result in disciplinary action being taken.

Technorati Tags: Employment Law