this is what i got from the union in april, we have not had any probs got a call yesterday dont come in all flts canx still getting paid same as last time
Ash Cloud 2010
Advice for customers affected by travel disruption
Introduction
Types of Call
Absence and Wages
Absence, Working Hours, Lay-Off and Short Time Working
Business shut down
Transport Disruption
Possible Questions to ask:
Possible Customer Options and Benefits:
Note
Introduction- A massive cloud of volcanic dust has covered vast areas of northern Europe after the Eyjafjallajoekull volcano erupted in Iceland on 14 April.
- This has had a significant impact on air travel in the UK, with much of the UK and European airspace closed.
- The most important message when handling these calls is to emphasise that it is in the best interest of everyone concerned to approach the situation with common sense and flexibility.
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Types of Call- Calls may come directly from employers and employees who work for the travel industry, or from industries that depend upon the travel industry to transport staff, delegates and goods.
- Similarly, the eruption began to have an impact on air travel during the Easter holidays and therefore calls may also come from employers and employees where employees are stranded abroad.
- In particular, due to the nature of their employment, teachers and other educational staff are likely to take holidays during Easter. Where these employees remain stranded abroad, it is possible that childcare issues for parents may become a concern.
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Absence and Wages- If employees are unable to attend work because the ash cloud has prevented them from returning home, there is no statutory obligation for employers to pay them.
- However, contracts of employment may contain terms and conditions that allow for some/full payment in such circumstances. Similarly, there may be custom and practice in the business to do so too.
- Where there is not, employers can make discretionary payments if they wish to do so but should ensure that they make it clear that this is a one-off payment (unless they wish to implement/vary a special leave policy).
- Employers and employees may wish to consider reaching an agreement on working back any lost time at a certain point or within a certain time frame in the near future.
- Employers and employees may also wish to consider mutually agreeing to extend their period of annual leave to cover the absence.
- If employers require extra staffing to cover employee absence, they should ensure that any agreements regarding rate of pay for overtime are met.
- If an employee is not contractually obliged to work on a specific date then employers requiring extra staffing may consider it beneficial to offer higher rates of pay. It is advisable for employers to give regard to potential issues over discrimination/equal pay, staff morale and any existing collective/contractual agreements concerning overtime rates.
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Absence, Working Hours, Lay-Off and Short Time Working- Any additional working hours should include due consideration to the Working Time Regulations, particularly when it comes to rest periods and the 48-hour limits.
- If an employer wishes to operate reduced working hours over the affected period and only pay employees for the hours they work (Lay-off or Short Time Working), this should only be done with:
- An express contractual term enabling this, or
- Established custom and practice, or
- Mutual agreement with affected employees
- Any other reason could result in an employee making claims such as unlawful deduction of wages, breach of contract or possibly constructive unfair dismissal.
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Business shut down- In extreme situations, some employers may arrange a forced period of closure and require staff to use their annual leave to cover this period.
- Employers wishing to close in this manner should ensure that staff are given the required period of notice as laid out in their contracts.
- If there is no contractual reference to notice, the statutory default of providing notice that is double in length to the period of time the employer wishes employees to take off would apply.
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Transport Disruption- It is a reality that air transport in most UK regions is severely affected and will continue to be affected for some time. This may also have some impact on employees who make regular use of Eurostar and ferry services. Increased road traffic/domestic public transport conditions may be influenced by the cancellation of domestic plane flights.
- Employers may wish to consider a flexible and sympathetic approach if employees are faced with travel disruptions.
- Some employees can avoid some difficulties by keeping an eye on news and traffic reports, altered timetables and consider allowing extra time to commute.
- Some employees are simply going to be unable to get to work and a common sense approach is needed by both the employee in reporting the absence as soon as they are reasonably able to do so, and the employer in handling the absence.
- In extreme cases, it may be best practice to close businesses for a given day or reduce operational hours.
- There is no legal right for staff to be paid by an employer for travel delays (unless the travel itself is constituted as working time or in some situations where the employer provides the transport). However, employers may have contractual, collective or custom and practice arrangements in place for this. Discretionary payment for travel disruption might also be of use.
- The handling of bad weather and travel disruption can be an opportunity for an employer to enhance staff morale and productivity.
- Where employees are substantially delayed for a significant period of time or are likely to be troubled for some days, an agreement concerning paid annual or special leave may be of benefit, provided this does not conflict with any existing contractual, collective or custom and practice agreement.
- Where a school or other childcare establishment is unable to care for children and they have to remain at home, parents will have the right to unpaid time off work to make childcare arrangements under the 'Time Off For Dependents' legislation.
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Possible Questions to ask:- What would be a realistic/ideal resolution for you?
- What has your employee/employer said about the situation?
- What has the employee/employer done so far?
- What exactly does your contract say about this?
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Possible Customer Options and Benefits:- Encourage employee/employer to discuss matter informally, which will give you the opportunity to resolve this quickly and simply.
- Has this situation occurred and been resolved amicably in similar situations?
- The benefit to employers/employees being flexible and sympathetic about this situation is that it will maintain staff morale and reduce legal implications.
- Customers who have done their best to resolve this internally and fulfil all relevant criteria may want to consider PCC.
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Note:
At the time of producing this guidance, it is expected that the Acas website will shortly be producing external guidance.