London Underground Strike - to pay or not to pay staff?

Alan Price – CEO at BrightHR

July 09 2015

The Peninsula Advice Service has been busy this morning, in a 5 hour period we received over 5,000 calls, mostly from employers within London who were seeking advice on staff unable to attend work or are significantly late. Most of the questions are about whether employees are entitled to full pay or not. Let me provide an answer. It is the employee’s responsibility to get to work and an employer has the right to expect attendance. If the employee arrives late because of transport problems - or for any other reason - and there is no prior agreement about how a lateness will be treated, the employer is generally not required to pay the employee for the time spent not at work, when usually they would have been. This applies even when the lateness is not the employee’s ‘fault’. However, where the employee cannot get to work and the business has been forced to close, the employer should generally maintain full payment of the employee because he is unable to provide work for that day, unless any contractual lay off provisions are invoked. I hope this clarifies however if you need advice then call my advice team on 0844 892 2772 and they will be happy to advise. 

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