GUEST COMMENT: What are your legal rights if you can't work because of the volcanic ash cloud?

As another volcanic ash cloud make inroads into UK airspace and with half term looming, we could be set for further major disruptions at work. Last year's ash cloud meant many thousands of people were stuck abroad for weeks until the cloud dispersed.

What are your rights if you get stuck somewhere?

If you take time off next week and then can't get back again, the starting point is whether your employer has an "unauthorised absence" provision in your contract of employment or staff handbook that would still entitle you to be paid. Many employers have reviewed their policies since last April and have tried to make them as robust and as possible to ensure that you would not receive payment, save for exceptional circumstances which may be listed.

In the absence of such a policy, a bank will be able to decide whether or not to pay you. You could easily be forced to take the days as unpaid leave.

The situation may be different if you were abroad on business (as opposed to being on holiday). You should argue in these circumstances that it is through no fault of your own that you cannot get back to the UK and it is unreasonable for there to be any adverse impact against you as a result- after all, you were abroad as a result of the bank's business in the first place.

In these circumstances, banks can require employees to take reasonable steps to find alternative means of getting to work or working remotely. They can also insist that employees follow company procedures relating to unauthorised absence and give proper notification and updates to their employer. A failure to follow such process could lead to disciplinary action

even though the reasons behind the absence are legitimate.

Rearranging your holiday plans

Employees whose holiday plans have been disrupted may request their employer to rearrange pre-booked annual leave. An employer does not have to agree to this, but their response should be reasonable and consistent.

Feel free to contact Philip on pl@lzwlaw.co.uk or 020 7357 9494 for a free consultation on this or any other employment law issue.