Late for work – Is being 'ash bound' a good excuse?

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John Kay

If a flight is cancelled, or delayed for more than five hours, in Europe, there are strict European rules in place, which mean that the airline is obliged to provide assistance at the airport. This includes supplying meals and refreshments, along with accommodation if an overnight stay is required.

If you are missing work because you are stranded overseas, then this is still considered to be unauthorised leave and your employer does not have to pay you. Many employers would suggest that the time is taken as holiday but the employee would have to agree to this.

Employers have no obligation to help their employees get home - unless they were away on business.

Employers have a duty of care which would extend to securing the safe return of everyone affected by such disruption while on business. They must meet any additional expenses incurred by staff while abroad on business such as accommodation and subsistence costs as well as reasonable travel arrangements.

So if you are away on holiday and absent from work due to the delays you need to speak to your employer and see what arrangement you can agree. You could make up the time lost by working extra hours or could agree to take the time as part of your holiday entitlement.

Good employers will be flexible but in these difficult times businesses, especially small to medium sized businesses, need everyone at work and pulling together and so are entitled to expect all staff the use best efforts to get back to work as quickly as they can.

John F Kay
Commercial Department
Molesworths Bright Clegg