With the flight ban affecting thousands of people due to return to work from Easter breaks, Nick Jew, employment partner at the Birmingham office of DLA Piper, explains where firms stand if staff can't make it in.

Question and Answer 

What rights do I have if staff are absent from work due to the flight ban - do I have to pay them?

If staff are absent from work then there is no obligation to pay them, even if they are prevented by unavoidable travel problems. Some employers will use their discretion and not deduct pay if people have made attempts to get to work, and of course these days many can work remotely, but the employee has no right to be paid unless they actually work.

Is it a disciplinary offence?

Technically, yes, failure to turn up to work is a disciplinary offence but in cases of international travel problems beyond the control of anyone it would probably be unfair for the employer to take disciplinary action if the employee has either attempted to get to get back to the UK or taken all reasonable steps to try and do so. 

Can staff claim any expenses as a result of being trapped overseas because of the travel problems?

Not under the employer's expenses system, no. Some or all costs may, however, be reimbursable by the airline. 

Can I make staff do work for colleagues who can't get in because of the travel problems?

It depends on the contract of employment and whether it is reasonable for the employer to ask that they step in. For example, have they been trained to do it. Employers also need to bear in mind their health and safety duties and working time regulations regarding rest breaks and maximum working time when asking employees to cover for colleagues.

Can I ask trapped staff to work from overseas?

Again, this depends on the contract and whether it is reasonable. However, an employee who can reasonably work whilst stuck overseas and chooses not to would usually either not be paid or required to take it as annual leave and it could be a disciplinary offence.