by Maria Passemard Partner, Employment, Brachers LLP

Many employers will have received messages lately from staff stranded in Europe (or further afield) who were unable get to work due to the travel disruption caused by the volcanic ash cloud.

This undoubtedly had an impact on the effective running of businesses and would have raised the question of whether or not to pay these employees.

Should you pay those employees who are unable to make it in to work? Employees are obliged to attend the office unless they are sick, on holiday or on maternity leave etc. An employer is required to pay an employee in return for work they carry out, so if an employee does not attend work, then you are under no obligation to pay them (unless the terms and conditions of employment specify otherwise).

What options are available? You should check your absence policy to see whether you are entitled to deduct pay or request the employee takes unpaid leave when they are unable to attend work.

If your policy is clear that the individual is not entitled to pay if they do not attend work then you are not required to pay them.

• Option 1. If the employee is abroad for personal reasons such as a holiday you can suggest their annual leave is extended using their annual leave allowance so the employee does not lose financially, or that leave is unpaid. Note that unless you have a specific clause in the terms and conditions of employment you cannot force an employee to take this time as annual leave.
• Option 2. Some employers may agree to the employee carrying out work remotely (where this is possible).
• Option 3. Another possibility is for employers to agree that the employee can "make up the time" at a later date (again where this is possible) but this is a matter for agreement between employer and employee.

What if the employee is overseas on business? If the employee is abroad on business for your company it will be more difficult to require the employee to take annual leave or unpaid leave so options 2 and 3 may be more appropriate.

It is important to treat all employees affected in the same way to avoid allegations of unfair treatment.

If an employee falsely claims to be stranded abroad you may decide to take disciplinary action. You need to ensure you carry out a full investigation before any decision is made.

So, what should employees do? Those who are stranded abroad should contact their employer as soon as possible to discuss the situation.

One local authority has already apparently threatened to "dock the pay" of teachers who could not return to work and has informed them they must claim the shortfall through their insurance.

However, a number of insurance companies are not permitting claims because of the volcanic ash as they state this is "an act of God". If you require assistance dealing with this issue you should take professional advice.

The employment team at Brachers launches a training programme at its offices at Medway House, Maidstone, for HR Professionals, team leaders and anyone involved in managing staff and the implementation of HR Policies.

The workshops will cover: Managing Bullying and Harassment in the Workplace (May 13, 8am to 10am), Managing Sickness Absence (June 15, 4.30pm to 6.30pm), Equal Opportunities (September 16, 8am to 10am), Winter perils; snow, Christmas parties and other issues (November 16, 4.30pm to 6.30pm).

The cost will be £49 plus VAT per delegate including handout materials.

Any second delegate from an organisation pays half price. Places are limited so book early. Contact Hazel Burgess on hazelburgess @brachers.co.uk or call 01622 690691.