LGE issues guidance on tackling employee absence due to air travel disruption, warns of tribunal claims

Local Government Employers has issued guidance for councils on how to treat the absence of employees unable to work because of the recent disruption to air travel caused by the Icelandic volcano.

The group warned of a risk of possible tribunal claims if local authorities fail to ensure their managers implement policies fairly and consistently.

LGE said there are a number of possible responses to the absence:

• Agreeing with the employee that they can make up the lost hours at another time. “Whether this is possible will depend on the length of the absence and the nature of the employee’s role,” the LGE said.
• Treating the time as part of the employee’s annual paid leave, or, if necessary, unpaid leave.
• Withholding pay for periods of absence. Employees are not entitled to be paid for periods when they do not fulfil their contractual working hours and choosing not to pay would not be an unlawful deduction of wages, assuming it only covers the relevant period of absence. However, the LGE warned councils to check contracts of employment carefully to avoid accidental unlawful deductions. It also said employers should discuss the options with the employees affected and make any decision on a consistent and fair basis.
• Granting additional leave on a discretionary basis, in particular if the days of absence are limited. “However, employers considering this option will want to ensure that they treat employees consistently and that they do not give an open-ended commitment to treat the absence as paid leave,” LGE added.
• Agree remote working, where for example the employee works in an advisory capacity and has access to the internet.

The employers’ group said: “Whichever options local authorities adopt in response to the disruption to air travel, they should ensure that managers implement the policy fairly and consistently. A policy or guidance for managers to use at these times will ensure a level of consistency and avoid confusion, and hopefully possible tribunal claims.”

The guidance in full can be viewed here. The LGE said authorities taking decisions about school support staff on term-time only working arrangements should take into account the guidance on teachers who are unable to attend work, which can be also be viewed on the LGE website.