WORKPLACE TRAINING

Does my employer have to pay me if I can’t get to work because of a train strike?

STRIKES on the railway have forced hundreds of people to find alternative ways to get to work.

Many will wonder the rules regarding employers and if you can be paid, despite not being able to get in on a strike day. This is all you need to know.

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Carnage has erupted across the rail and Tube network in the UK as commuters are thrown into panic amid cancelled servicesCredit: Getty

Do I still get paid if I can't get to work due to rail strikes?

The simple answer is no.

It is the responsibility of the employee to find a way to get into work during a time of disruption.

An employer does not have to pay you if you don't show up to work.

If you can't get into work due to a rail strike, it is advisable to talk to your employer about working from home if this is an option in your line of work.

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Ahead of a strike day it is best to do some research of finding an alternative travel option, such as driving, car share, buses or Tube.

An employee can choose to take the day as annual leave in order to get paid, but an employer cannot force their workers to take a day missed through strikes as holiday.

Best practice is to always talk to your boss about your difficulties prior to a strike day.

Can I get fired if I can't get to work due to rail strikes?

If your chances of getting your normal train into work are looking slim, you may be wondering whether not being able to get in could put your job in jeopardy.

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Slater and Gordon employment lawyer Paula Chan told in 2017: “If someone is dismissed due to a strike and were unable to get to work, it’s very unfair.”

Ms Chan said good employers will know that a one-off travel disruption shouldn't lead to the start of disciplinary action.

Ms Chan said good employers will know a one-off travel disruption should not trigger the process for formal disciplinary action.

She added: “If you are genuinely unable to get to work and have shown you have tried to take steps and worked with them to do that, it would be very unfair to be disciplined or dismissed."

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She also recommended call your boss rather than emailing to make arrangements, and follow up with a paper trail of the exchange via email.

How do I claim rail strike compensation?

If you have a season ticket, an advance ticket, or if you forgot there were strikes and bought a ticket on the day, you will be able to claim at least some of your money back.

The process varies depending on the operator, but normally you have to contact the company and provide a picture of your ticket, pass, or a receipt, and provide details of the train you were supposed to be on.

This is part of what's called the "Delay Repay".

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The scheme will give pay-outs to customers if the train has been delayed by a certain amount of time, which differs depending on the company, the type of ticket, and how long the delay was.

Information must be provided for each individual delay.

The rules appear to have been changed to be more generous to those with season tickets.

Former Transport Secretary Grant Shapps gave assurances over season ticket compensation on June 16, 2022.

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He said the government "will ensure season ticket holders will be able to claim full compensation on strike days" and is planning to bring in "range of options" including the use of agency workers to respond to future action.

It appears season ticket holders will be able to claim back 100% of the usual compensation, should they decide not to travel on any of the strike days, even if their train hasn't been cancelled.

This won't apply to other days when services will still be affected by the industrial action.

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