TRANSPORT - 30.05.2022

Rail strike implications for employers

Employees are obliged to get to work regardless of external factors, such as train strikes. That said, you do need to be fair and reasonable in how you deal with the situation, particularly if there will be no trains at all running on some train lines on designated strike dates. Options include:

• advising employees to allow extra time for their journey or to make alternative travel arrangements where appropriate
• allowing employees to work from home (or from another remote working location) on strike days, where home or remote working is feasible
• adjusting start and finish times for affected staff on strike days
• if employees are unable to attend work and homeworking isn’t viable, either: (1) asking them to take any absence days as annual leave if they want to be paid; (2) providing that such days will be unpaid leave; (3) asking them to make up unworked time on absence days at a later date; or (4) paying them as normal for absence days - but there’s no real benefit in this for you and it may cause discontentment amongst staff who have managed to get to work.

Also check the terms of any severe disruption policy that you may have in place. Subject to the terms of any such policy, it’s at your discretion what approach you adopt but do be consistent and non-discriminatory. Unjustified lateness or absence is also a potential disciplinary matter, such as where an employee is using a train strike as an excuse to take the day off. Ensure though that you properly investigate the position before deciding whether to proceed to a disciplinary hearing.