Two 24-hour strike actions are planned on the London Underground this week, causing severe delays and suspensions across the network. Last-minute talks between the Rail, Maritime and Transport union (RMT) and Transport for London (TfL) failed to resolve the dispute, leaving commuters facing significant disruption on Tuesday and Thursday.
What are my rights as an employee if I can't get into work?
Even if an employee faces difficulty getting to work due to rail disruption, it remains their responsibility to travel to work. Andrew Leakey, head of civil and commercial litigation at Jackson Lees, explains: "Not working their contractual hours means that the employee is not fulfilling their contract of employment. In principle, an employer would be within its rights to refuse to pay an employee who misses work because of transport disruption." However, he adds that it is not always good practice for employers to follow these rules strictly, recommending instead that they work with employees to find a solution.
Can I work from home on a strike day?
For employees where off-site working is possible, this is usually the best option. However, in workplaces where working from home arrangements are not flexible, it is advisable to discuss this with the employer beforehand. Mr Leakey suggests: "It may be agreed for the employee to attend work on a different day, for example one whereby the employee would normally be working remotely. The risk to the reputation of a business and staff morale can be seen to greatly outweigh not showing a degree of flexibility at a time when it is inevitable there will be some disruption to an employee's working day."
Do I need to take a strike day as annual leave?
This could be an option for some employees, especially where working from home is not possible and commuting is unrealistic. As with other arrangements, it is always advisable to discuss this beforehand with the employer, particularly if the employee has used all their annual leave. Mr Leakey advises: "Most people would prefer to take paid leave than lose out on pay, but there will be times when this is not possible. We would always suggest applying the most sensible option on a case-by-case basis. If shift swaps are an option, or making time up to prevent a financial deficit to the employee, this should also be considered by the employer."
