Anne Pritam, partner at Stephenson Harwood's employment team, looks at how employers should deal with their staff stranded overseas by the volcano, or if they think that staff used it as an excuse not to return to work.

Can employers refuse to pay staff stuck overseas?

"Employees have no general right to be paid if they do not come into work unless there are specific provisions in their contracts of employment which require the employer to pay employees in these circumstances.

An alternative solution is for the time to be taken as annual leave provided that this is agreed with employees in advance. Unless an employee's contract contains an express right for the employer to direct when the employee's holiday is taken, employers cannot force the employee to take holiday without their consent."

Is the approach different if the employee is overseas on business?

"If an employee is overseas on business rather than for personal reasons it would be unreasonable not to pay the employee or to require the employee to take holiday for the period of absence. In these circumstances the employee should therefore be paid as usual and the employer should bear the cost of any additional travel arrangements in the usual way."

Should an employer ask an employee who is "stuck" overseas to try and find alternative routes back to the UK?

"Employees who are stranded abroad and therefore unable to turn up to work are technically on a period of unauthorised absence until their status is confirmed by the employer. They are therefore under a duty to contact their employer as soon as practicable and discuss their situation and when they hope to be able to return to work. The employer should confirm whether they are on paid or unpaid leave. As it is an employee's duty to turn up to work the onus is on them to find a way of making it back to the UK. However, an employer can not demand they get back to work by any means."

What if I suspect the employee is able to get back to work but is using this as an excuse not to attend work?

"Employers who believe that employees are stating that they are stranded as an excuse not to come into work should consider disciplinary action (as with any dishonesty issue). Any disciplinary matter should be conducted in accordance with the employer's disciplinary policy and the ACAS Code of Practice."