23/08/2022
You have seen the headlines; thousands of British workers are being left stranded aboard due to staff shortages. This chaos meant that around 225 flights were recently cancelled in a single week.
So what can you do from a HR perspective when a member of your team is stranded in foreign lands?
My Employee’s Stuck Abroad, Should I Pay Them?
People are only entitled to wages for work they have actually done. If someone cannot attend work then their employer is under no obligation to pay them.
However, this depends on the contractual agreement in place. Some policies state that payment will be given if they are unable to attend work because of matters out of their control (such as the collapse of an airline). In this instance the employee has the contractual right to be paid.
If there is no such policy written in the contract then employers can make a gesture of goodwill and continue paying the stranded worker. As an employer this would be at your own discretion. However, whilst every case should be looked at on its merits, you must be careful not to discriminate; if another worker is stranded then you should pay them also.
Managing Unexpected Leave
An alternative is to agree with the employee to take further annual leave. If they have enough holiday entitlement left for the year, then agreeing for the employee to use this would help manage the situation. If they have used up all of their leave then there are other alternatives.
For example, you may wish to consider whether or not the employee could work remotely and productively. If they are equipped and able to do so then this could be a viable option. This solution would depend on what your internal policies say about working remotely but if practical, it would allow your employee to continue working and being paid.
The exception would be if the employee was on a business trip. This would entitle them to being paid as usual – whether or not they are able to continue working. You would also be responsible for covering the cost of any additional expenses such as food, drink and accommodation.
How to Keep the Wheels Turning
Whatever solution you proceed with you may have to manage knock on issues at the office. Productivity could drop, clients may be concerned or you may face service and delivery issues.
Ultimately, your stranded employee is your best asset, especially if they are now working remotely. Have them update you with any pressing work, deadlines or information. Communicate this with whoever is covering their position (if this is the case). Knowing work priorities, tasks and login details for your stranded worker will speed things up and help reduce barriers to communication.
When Should you Consider Disciplinary Action?
If you believe the delayed return to work is genuine and beyond the employees control and they do not have any annual leave left to cover the absence then you should consider granting authorised unpaid leave until they are able to return to work and disciplinary action should be avoided.
However, if the absence continues unnecessarily for an extended period, then you could take disciplinary action. However, a minor infraction could be dealt with informally. Any action should be carefully considered as a case in 2021 where a British worker was stranded abroad resulted in a costly claim.
If you need help navigating such issues, Sentient can help. We’re here to offer professional HR advice from pragmatic experts who understand the law as well as the day-to-day reality of managing staff. Get in touch today to learn more.
