What happens if I cannot get to work due to a natural disaster?
Employees not turning up for work
There often occurs many reasons why employees are not present for work, for example they may be ill (an employee will have statutory rights to sick pay in this situation), they may be on holiday (again they will have statutory rights in relation to this) or they may just not turn up.
If an employee simply does not turn up without notice then they will have no rights and if this behaviour persists then they may face disciplinary action and in some cases dismissal. During recent events in 2010 with a natural disaster disrupting the aviation industry this has left many employees stranded and therefore unable to turn up for work. This brings in the situation where employees do not turn up but have a valid reason for not turning up.
Does the employer have to pay their employees in this situation?
The general employment law position is that employers have a duty to pay an employee who is willing to work and in fact turns up for work. There is no duty imposed on employers to pay their staff that does not turn up for work.
Therefore in the situation of a natural disaster preventing employees from turning up to work there would be no obligation on the employer to pay them. Currently there is no case law to deal with the situation but legal experts feel that this duty should not be imposed on employers.
Will all employers refuse to pay their staff in this situation?
If this situation occurs it will be the decision of the individual employer as to whether they will pay their staff. Legally they may not have a duty to pay their staff in this situation but they may feel that in order to keep company morale at an acceptable level it would be a necessary cost for that employer to bare.
Would an employment contract make provision for this situation occurring?
Often many commercial contracts will contain a force majeure clause which details what will happen if a natural disaster (a so called act of God) occurs. In most cases of commercial services contracts it will cause the termination of the contract or at least the postponement of the contract. However, this would be an untenable position for an employment contract.
For more information on:
- What happens if an employee can come to work but they cannot perform their job?
- Can an employer dock my wages if I am unable to turn up for work due to natural disaster?
- What should employers do following the recent natural disaster?