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Follow on Google News | Prepare now before fuel strike hits warns Shropshire solicitorsEmployers and employees must know what the procedure is in the event of fuel tanker drivers striking, warns employment law expert.
By: Martin Kaye LLP Solicitors John Mehtam, employment law specialist at the law firm in Telford, Shropshire, said any potential strike could mean employees would struggle to get to work if they ran out of fuel. But he warned that dealing with this kind of absence was not an easy situation, and there were no simple solutions. “Everything will depend on the terms and conditions that have been set out in your employees’ contracts. You can only legitimately stop their wages for any unauthorised absence, so you’ll need to consider carefully whether staying away from the workplace because of a fuel shortage is actually unauthorised. “Maybe you could agree for the employee to take the time off as paid holiday, or allow them to make up the time in the future. Or if possible, you could give them permission to work from home until the strike is resolved and they are able to find more fuel for their vehicle. John said asking staff to use their holiday entitlement would again only be allowable if it was set out in the specific terms of the contract. “As the petrol strike would be an event beyond the employees’ control, you should be careful not to treat your staff too harshly. If you are too heavy-handed, it could be seen as a breach of trust and confidence, which would give your employee an opportunity to resign and claim constructive dismissal.” John said some employers may decide to temporarily vary the hours or duties of certain employees during a strike, particularly delivery drivers. “As this will be a temporary variation of the employee’s terms and conditions, you will also need to take into account whether the contract allows for such a change – and even if it does, both you and the member of staff will still need to agree before it goes ahead. “It’s vital that employers stick to recognised policies and procedures, and you may want to inform your staff of how you’ll deal with any potential disruption before it happens – that way everyone will be clear on where they stand.” To find out about other employment law issues from Martin Kaye Solicitors, visit their website - http://www.martinkaye.co.uk/ End
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