EMPLOYMENT LAWYER: ICELANDIC ASH COULD NULL EVERY EMPLOYMENT CONTRACT IN THE UK

SAS DANIELS LLP

PRESS RELEASE

April 20, 2010.

CHESHIRE EMPLOYMENT LAWYER: ICELANDIC ASH COULD NULL EVERY EMPLOYMENT CONTRACT IN THE UK.

Virtually every employment contract in the UK may have to be torn up and re-written as a consequence of the Icelandic ash crisis.

Cheshire-based employment lawyer Jonathan Whittaker of SAS Daniels LLP, one of the North West’s biggest law firms, said: “There will be barely an employment contract anywhere that makes provision for such a universally insurmountable catastrophe – both employers and employees could be seen to be taking advantage.

“What is unique is that in one fell swoop, those who have been affected by the ash crisis – whether employee or employer – are likely to find themselves in a void, and potentially in dispute, on issues including holiday entitlement, unauthorised absence, overtime and stress.

“Being 24 hours late back from Majorca after French air traffic controllers embark upon their perennial industrial action is one thing, but when some people are told they may have to wait until May for flights back from Los Angeles then that takes matters into an entirely different league.

“There are no contractual terms that allow provision for that sort of out-of-their-hands absence – and while 24 or 48 hours late back might mean a few pulled faces, being two weeks late or more is going to be a severe test of goodwill on the part of the employer.

“There will be the question of just how hard people try to get back to the UK and back to work, and the issue of making up for lost production or clearing of backlogs through overtime.

“When the ash and dust has all settled – literally – the difficulties at the time will be quickly forgotten. Staff will have been using up their holiday entitlement when they may not have wanted to, but employers may say that they never authorised additional holidays and that the employees were absent without permission and just refuse to pay wages.

“After all, the employer may have had to recruit agency staff at extra cost to the business.

“Dismissal is not an option for employers as it is not misconduct, and the length of the time away – assuming reasonable efforts were made to get back - would not justify disciplinary proceedings in my view, unless the employee could be proven to be taking advantage, or shown not to be making every reasonable effort to get to work.

“Employers who are losing money from not having employees there to do the work might be wanting employees to work double hard to make up for lost time. Therefore there may be pressure to do overtime when the employee returns - and this might be very unpopular - there may not be any term in the contract which allows for this and so this may give rise to disagreements.

“However, if the holiday year runs January to December, or, even worse, April to April, it may be a long time before some employees will be able to take another holiday.”

SAS Daniels LLP which has offices in Stockport, Macclesfield, Chester, Congleton and Bramhall.

Ends

Further information:

Iain Macauley or Megan Codling

07788 978800 / 07795 848586

im@pressrelations.co.uk / mc@pressrelations.co.uk / www.sasdaniels.co.uk