Private sector businesses ‘hidden strike victims’

An employment solicitor has warned that private sector businesses could be the `hidden' victims of the public sector strike against pension reforms taking place today.

Today's strike is set to be the biggest industrial action this country has seen in decades. Although public sector workers are striking, there could still be a significant impact on private sector firms, with widespread school closures and transport chaos threatening to lead to staff shortages.

Emma Atkins, an employment solicitor at law firm Denison Till, said: “Whilst the Government has urged employers to allow staff to bring children to work ‘where it is safe to do so’, this is not always practicable and nor might the employees be happy with having their children in the workplace. Employers need to be aware of the legal rights of their staff to take time off to care for their children.

“The right to unpaid time off to care for dependants is designed to help parents cope with short-term unplanned events, such as school closures. Employers with workforces dominated by parents or carers should discuss with staff whether they foresee childcare problems. Some employees may prefer to use their annual holiday entitlement so that the time off is paid.”

She added: “Employers must be aware that even if they draw their employees' attention to the possibility of school closures and ask them to make alternative childcare arrangements, they will still be entitled to exercise their 'right to time off' if they are unsuccessful. Whilst the right to time off for dependants was initially envisaged to deal with 'emergency' scenarios, recent case law has confirmed that the provisions still apply to events that are known in advance, such as these strikes.

“As the leave is unpaid, it is unlikely that employees will abuse the exercise of this right and so employers should be careful in refusing such requests and seek advice if necessary.”

She concludes: “Widespread travel disruption is also expected and most employers will experience employees being unable to get to work due to circumstances outside their control such train and bus strikes. You may wish to consider allowing employees to make use of flexible working to mitigate the effects of such disruptions, giving them the option of working from home, flexitime or shift-swapping during the strikes.”