What happens if an employee is stranded abroad?

Travel disruption can and does happen, and employers may occasionally find themselves with staff who, through no fault of their own, are stranded abroad and unable to return to work on time. So, what should you do in these situations? 

Do we have to pay staff?

Typically, if an employee is unable to return to work on time, they are not entitled to be paid for their additional absence. However, it is good practice to discuss the situation with the employee and see whether you can reach an agreement. For example, you may be able to agree that they will make up the time once they return or that they will use further annual leave to cover some or all of the extra days. 

Under regulation 15(1) of the Working Time Regulations 1998, an employee must give notice if they wish to take statutory holiday. The notice must be at least twice the length of the period of leave requested. For example, if they want to take one day of annual leave, they must give two days' notice, and if they want three days' leave, they must give six days' notice. However, in circumstances like these, you may choose to waive the usual notice requirements and agree to them taking annual leave to cover some or all of the additional days. 

Much will depend on the employee's individual circumstances and how long it will take them to return and resume work after their annual leave has ended. 

What if the employee is abroad for business? 

If you have sent the employee abroad for business purposes, the position is different. Withholding pay in that scenario is likely to be unreasonable and could leave the employee feeling extremely aggrieved. In the worst case, it could prompt them to resign and bring a claim for constructive unfair dismissal. It is therefore advisable to continue paying them in such circumstances.

Do we have to let an employee reschedule their holiday if they can no longer go abroad on their holiday?  

There is no statutory right for an employee to reschedule annual leave unless they are unable to take it because they are ill. If their plans change, or they can't travel abroad as originally intended, they don't have an automatic right to move their booked annual leave to another suitable date unless their contract specifically allows this. However, you can choose to let them reschedule if it is operationally possible. 

How can we support employees who are stranded abroad?

It is important to maintain regular contact with any employees who are stranded abroad so you can remain informed about their situation and can consider what support you might be able to offer them. Although the help you can offer may be limited, you should discuss their circumstances with them and explore any steps you can take reasonably take to assist. 

How can we support employees who have friends or family members stranded abroad in potentially dangerous situations?

Employees may feel anxious or distress if their friends or family members are abroad and unable to return home. They should be encouraged to speak with their line manager to discuss what support may be appropriate for their particular circumstances, as each situation will be different. 

If you have an Employee Assistance Programme, remind employees that this is available to them and can also offer additional support. 

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