Petrol shortage: Do I nevertheless need to go to work if I can’t get petrol?

UK drivers could confront another “week or so” of long queues at the filling stations as need for fuel remains strong, a Government minister has warned.

Policing minister Kit Malthouse said there needs to be an “improvement” in the situation in the coming days and that Boris Johnson stands ready to review matters if there is any decline.

His downbeat assessment contrasted severely with comments by other ministers in recent days that the situation would swiftly return to normal as drivers resumed their usual buying patterns.

It follows a warning by the Petrol Retailers Association that filling stations were running out of fuel faster than they could be resupplied, with one in four forecourts having run dry.

Matt McDonald, partner and expert employment solicitor at Shakespeare Martineau, explains how employers can best sustain their employees during the fuel crisis.

“If it’s possible for employees to commute using different transport, you can ask them to do so,” he said.

“If this results in the employee incurring additional costs or having to travel for longer, technically, this isn’t an employer’s problem as it is up to staff how they commute to and from work. That said, some employers may choose to cover any additional costs incurred by employees.

“It is also worth bearing in mind that those employees who can work from home – and presumably have done to a large extent over the past 18 months – will probably expect to be allowed to do so, at the minimum in the short-term, if the different is a more difficult or expensive commute.

“Employers should consider taking a pragmatic approach in this regard to ensure harmonious employee relations.”

Can employees raise a complaint if they have to find different modes of transport?

“They might well do so, but it is ultimately up to the employee how they get to and from work.

“As such, where an different mode of transport is possible, employees who complain are doubtful to be in a strong position.

“Employers who choose to cover additional travel costs will largely be doing so to continue goodwill instead of because of any legal obligation.

“The position is different for those employees driving for work, for example visiting customers or clients.

“For travel of this character, the employer is much more involved and can’t simply ask an employee to use different forms of transport and expect them to accept any additional cost.

“At the very least, the employer would be expected to cover the costs of trains or taxis, for example, and it’s important to communicate with employees clearly on this front so they understand what is required of them.”

What should I do if I think my employee is using this as an excuse not to come into work?

“If an employee fails to attend work without good reason, this will generally be a disciplinary matter. However, it’s important not to jump to conclusions and to probe any incident thoroughly.

“Many employees simply won’t be able to attend work other than by car and it may be viewed as harsh to expect employees in this situation to pay for taxis, particularly if there are possible alternatives, such as working from home in the short-term.

“Hopefully, the fuel shortage will only be a permanent problem. However, there are suggestions it could become a longer-term issue, so employers would be wise to think by the impact this will have on their various different employees and to plan and communicate with staff consequently.”

The crisis began after reports that a shortage of tanker drivers had led a number of BP stations to close, which triggered a wave of panic buying that has however to fully subside.



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