Five Tips for Employers on Volcanic Pay Disputes

To Pay or not to Pay – That will be the question??

What do I need to do to avoid eruptions about pay as I have staff who will be taking extra time off because of the travel chaos?

A common question I am being asked at the moment and as always there are numerous opinions/views out there on the internet.

In the worst case scenario of a complaint being judged by a tribunal a number of factors will be considered; your approach, what policies are in place, whether you have a deduction clause in your contracts of employment and have you, and are you, being consistent in your decision making?

Typically it is the smaller business that gets caught out legally with its more informal relationship and limited employment policies in place.

Ed says; “My top five tips to help protect you in this situation are below – I know they may look a bit daunting at first but they are not as terrifying as they seem.

If you are an EDx3 client and would like me to produce more detailed guidelines (sorry can’t give individual advice) then email me at info@ed-belegal.com using the reference: Volcano and I will pull something together”.

Top Five Tips

1. Have an Absence Policy covering ‘authorised’ and ‘unauthorised leave’. Learn more information at Business Link URL

2. A clause in your terms and conditions of employment should stipulate that you can make a deduction in their pay for this type of situation.

DirectGov link explains it well and is more than likely what your employee will be reading for guidance!!

3.  Give employee the option to take the extra time off from any remaining holiday entitlement for this year rather than a deduction from pay.

4. If more than one employee is caught up in the chaos – be fair, what you agree for one person should be the same for all.

5. Be consistent with decisions made in the past – think back to similar situations. What did you do then and why, would the same decision/approach apply?

Finally, if in doubt get professional advice before making any decisions or taking action. The key is to demonstrate that you have explored the options fairly.