Travel disruption is not new. The current situation in Dubai highlights the need for employers to know what to do if employees end up stranded abroad. Thousands of UK nationals have been caught amid conflict‑related airport closures and missile strikes.
Airspace closures, flight cancellations and safety concerns limit travel options, meaning that some employees will not be returning to work at the end of their scheduled annual leave. Even before this latest escalation, reports already showed considerable flight disruption across the Middle East leaving many employees unable to return home.
Employers should have a consistent, legally compliant approach for managing such unexpected absences.
This blog sets out the key actions employers should take, based on UK employment law.
Extended annual leave
One of the main concerns for employees stuck abroad will be whether they are going to get paid. Ultimately, an employment contract is one of performance. Where an employee is prevented from performing the role, then there is no automatic right to be paid. Unless the contract of employment, or company policy specifically gives the right to receive pay in these circumstances, then the employee is unlikely to be paid for any period in which they cannot work. It is at the employer’s discretion as to whether they provide full pay, or partial pay while the employee is not attending work.
There are a number of options open to employers who cannot agree to provide pay in these circumstances. The first thing to consider is whether the employee has annual leave entitlement that they can use. Annual leave entitlement is designed to accommodate a rest period, and an employee should not be forced to agree to extend their annual leave.
Time off in lieu (TOIL)
Consider whether the employee has banked TOIL is an option. If the employee has already banked hours, then these can be used to cover any days that the employee remains stranded, subject to the employee agreeing to this.
Unpaid leave
Where extended annual leave and TOIL cannot be agreed on, then the employer should authorise unpaid leave.
Remote working
Where possible, remote working might be an option. Employers need to assess whether the role can be performed safely and securely from abroad, bearing in mind any potential risks to the employee. Employers should also consider access to systems, data protection, and local risks.
The time-zone difference should be taken into account, and where possible the employer should consider whether they can adjust the employee’s working hours and still meet the needs of the business. Health and safety should also be considered. The employee should be required to travel if this could place them in harm’s way. If the employee doesn’t have the necessary equipment to work safely from their hotel and this will cause them to work in a confined space for a long period of time, then any risks arising from this should be assessed.
Employees stranded on a work trip
Where an employee is abroad for business and able to work, they should normally continue to be paid, provided that they are able to carry out their duties and it is safe for them to do so.
Ensure consistency and fairness
Employers must act reasonably and consistently. Any decisions made by a business, or policies implemented to deal with this type of situation should be applied fairly and consistently. In making any decisions or implementing any policies, employers should ensure that they are not discriminating against any of their employees.
Manage wellbeing and safety
Employees stranded abroad during conflict may be anxious, stressed or dealing with dangerous conditions. Reports from the Dubai crisis described travellers sheltering in safe spaces such as basements, hearing explosions, and being restricted to hotel rooms.
Employers should:
- Check on employee welfare regularly, where communication is possible. Employees should also be encouraged to keep in contact with the employers, provided that they can do so safely.
- Direct staff to follow Foreign Office travel advice, which may change rapidly.
- Signpost mental wellbeing support where appropriate.
Review HR policies and communications
Proactive preparation is the best approach. Employers should have clear written policies in place and should provide staff with clear expectations on what to do if they cannot return to work because of travel disruption.
Policies to update may include:
- Remote working guidance
- Emergency leave policies
- Pay and leave entitlements
- Communication expectations during unexpected absences
Employer action checklist
Immediate steps
- Establish contact with the employee and confirm their safety.
- Gather details about the disruption, expected return date, and local guidance.
- Assess whether remote working is possible.
- Decide on pay status (paid leave, unpaid leave, remote work).
Short term administration
- Confirm arrangements in writing.
- Monitor Foreign Office travel advice and airline updates.
- Stay in regular contact with the employee.
Conclusion
Employees being stranded abroad can present complex legal, operational and human challenges. By acting reasonably, communicating clearly, and applying UK employment law consistently, employers can protect both their organisations and their staff. The Dubai crisis is a reminder that such situations can arise unexpectedly, but with proper systems in place, employers can respond confidently and responsibly.
