The next National Rail strikes will be taking place on Thursday 18th August, and Saturday 20th August.
With the rail strikes expected to disrupt thousands of commuters, we consider the employment law rights if employees cannot get into work as a result.
If an employee cannot get into work because of the rail strikes, does an employer still need to pay them?
Ultimately, it is the responsibility of the employee to be able to get to and from work. If the employee does not turn up to work, this could be classed as an unauthorised absence by the employer and the employer would not have to pay the employee if they were unable to get into work as a result of the travel disruption caused by the rail strikes.
With the rail strikes being planned and announced in advance, the employer can ask staff to take paid holiday (i.e. annual leave) if they give sufficient notice. The notice must be at least double the length of time they require employees to take in annual leave: so, for one day of annual leave the employee would need to give two days’ notice. If the employment contract sets out a different notice period, then this notice period will apply.
An employer may ask workers to either work from home or make up the hours later if they cannot get into work. It is worth reading through the employment contract, as unless the employment contract states the employee can work flexibly, then the employer cannot insist on this.
What if the workplace is closed because of the disruption caused by the rail strikes, does the employer need to still pay the employee?
If the workplace is closed because of the travel disruption and the employee does not have the flexibility to work from home then, subject to the terms of their contract, the employer generally has to pay the employee.
If it is permitted under the employment contract, the employer may be able to ask employees to go work at another workplace branch (if this is applicable) or work from home.
What if the employee had already booked annual leave and the workplace is now closed because of the rail strikes? Does that employee have the right to get that annual leave given back to them?
This will be a conversation that is to be had between the employer and the employee. It will depend on the employer, the stance taken in relation to other employees in the workplace and whether the employer will allow the employee to get their holiday back.
If other employees of the workplace are expected to work, either by working from home or working flexible hours to make up the time, then it is unlikely the employee who was on annual leave will be able to get that holiday back.
If the employee’s childcare provider is closed as a result of the National Rail strikes, what happens then?
If it is not practical for the employee to work from home or work flexible hours, then the employee has a few options available to them. Firstly, they should speak with their employer and see whether they can take annual leave. This will require notice; however, it is worth speaking with the employer to see if they can accommodate the request.
If the employer does not grant annual leave to the employee, they may be able to take unpaid parental leave. If the employee has been employed for more than one year, then they can apply for this type of leave. Strictly speaking, the employee should give the employer 21 days’ notice, but this requirement can be waived.
If the two above options are not applicable, then the employee can ask to take unpaid leave. Ultimately, the employer can refuse the unpaid leave, however, it is worth speaking with the employer in the first instance.
Always check the employment contract first. It is likely the rights and obligations will be set out here. If not, the employee should always have the conversation with the employer to confirm what their rights are when it comes to travel disruption affecting the workplace and to see whether a mutually acceptable arrangement can be agreed.
If you need advice on your employment rights, contact our Employment Law team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
