Employers across the country will again face travel disruptions due to the upcoming rail strikes, scheduled for 12, 13 and 31 May 2023 and 3 June 2023. With tens of thousands of rail workers potentially participating in the further strikes as part of the biggest outbreak of industrial action since 1989, businesses should prepare themselves for the impact on their employees and operations. This blog ,will consider the steps employers can take to manage their staff during a rail strike, including relevant employment law issues.
Accommodating Employees During Rail Strikes
Employers should make every effort to accommodate employees who are unable to make it to work during rail strikes. They can allow staff to come in late or leave early and, if necessary, fund overnight accommodation. It is important not to unreasonably discipline employees who are genuinely unable to attend work or are late due to the strike. Thinking outside the box will be key, particularly for critical staff in certain industries.
Having a Policy for Dealing with Travel Disruptions
Employers should have a policy in place for dealing with travel disruptions caused by events such as rail strikes. The policy should make it clear that employees will not be paid if they are unable to get to work, as well as the steps employees are required to take when faced with travel disruption. This will reduce the risk of disputes arising between employers and employees.
Agreeing on Alternative Arrangements
Employers should speak with their staff in advance of the strikes and agree on alternative arrangements where possible. If that is not feasible, the employer may consider enforcing annual leave – with proper notice – or asking staff to use accrued time off in lieu.
Working from Home as an Option
The pandemic has shown that many businesses can manage their operations with employees working from home. If the rail disruptions last beyond the planned days, employers may need to review their long-term working arrangements. In some instances, working from home may be the best solution for the employer and the employee.
Legal Implications for Employees Who Can't Attend Work
Employees who are unable to attend work due to the rail strike will not have the right to be paid for the day if the workplace is open and work is available. However, the employer cannot discipline the employee if the absence is beyond their control. Employees should make every effort to attend work, but if it is impossible, the employer is entitled to regard such absence as unauthorised.
Impact of Rail Strikes on Staff Shortages
If the rail strike lasts for an extended period, businesses may face staff shortages as employees find it difficult to attend work. Employers should be reasonably accommodating when it comes to navigating the strikes to prevent losing their key workers. They may also face potential resignations due to the physical, mental, or financial distress caused by the travel disruption.
In conclusion, employers should make every effort to accommodate their staff during rail strikes. They should have a policy in place for dealing with travel disruptions, agree on alternative arrangements with their employees, and consider long-term working arrangements such as working from home. Employers should not unreasonably discipline their staff, and employees should make every effort to attend work during strikes. Common sense and reasonable accommodations should prevail during these challenging times.
If you need more information about managing your staff during rail strikes, please contact our Employment Team at Winston Solicitors by calling 0113 320 5000 or completing our form and we will get back to you.
