Air travel chaos: Bosses not obliged to pay stranded workers, says lawyer
Katie Douglas, director of employment and pensions at Glasgow-based McGrigors LLP, said people should not just assume that their employer will pay them for the days when they are unable to get flights home.
"It would be very unusual for employers to have policies which cover acts of God," Ms Douglas said.
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Hide Ad"In very basic terms, if an employee doesn't come to work and the absence is not authorised, then they are not entitled to pay.
"I'd advise employees to get in touch with their employers as quickly as possible to let them know they can't get flights home and to advise what other steps they are taking to get home. The key word is 'reasonableness' – that the employee is doing what they can to get a ferry, bus or other means to get home. They could hardly expect someone to pay 3,000 for a taxi home."
Ms Douglas said that employers would have to appreciate the difficulties facing their stranded staff. She believed that a good number of employers would pay staff.
"A lot of organisations in the public sector might have 'inclement weather' polices, which could be a reasonable stance for them to take. This was highlighted during the heavy snow over the winter, but this situation is more clear-cut and there is less room to abuse it."
Ms Douglas said that employers could not force stranded staff to use up their annual leave.
"They can't do that unless the contract allows for it. Under the (European Union] working times directive, both employees and employers must give each other notice of intention to take holidays. This has to be at least double the amount of the holiday itself. It would be quite Draconian to try to enforce this."
Ms Douglas added: "The overriding thing for employers to do is to ask themselves: what is reasonable."
TOP COUNCILS FOR STAFF ABSENCES
North Lanarkshire: 299
Glasgow City: 278
South Lanarkshire: 256
West Lothian: 220
Falkirk: 209
Renfrewshire: 134
East Renfrewshire: 132
South Ayrshire: 116
Angus: 115
Scottish Borders: 112
Scotland-wide total: 2,556
Note: Some authorities returned last week, others do not return until today. Some data was unavailable.