ACAS has released guidance following the riots advising how employers should deal with affected employees.  Issues to note include:

  • Employees are not necessarily entitled to payment if they are unable to get to work due to travel disruption.  Employers could require staff to take a day's contractual holiday entitlement (anything in addition to statutory entitlement) instead. This is subject to contractual arrangements and any contractual notice provisions.
  • Employees can be temporarily laid off without pay if their contract of employment provides for this.
  • If employees are unable to get to work due to normal childcare arrangements being disrupted or schools being closed they may have the right to time off under section 57A of the Employment Rights Act 1996.
  • If employees are available to work but there is no work available (for example, because the office has been closed and they cannot work from home), employers cannot refuse to pay them.