Emma Gross, Spencer West

Emma Gross, Spencer West

When conflict escalates in popular travel destinations across the Middle East, employees on annual leave can suddenly find themselves dealing with cancelled flights, closed airspace, or rapidly changing security conditions. As a result, employers may begin to question whether they have any responsibilities toward staff who are technically on holiday. Although the legal position may be limited, employers should nevertheless consider how best to support employees who may be caught in such circumstances.

To begin with, maintaining supportive communication is essential. Employers that know members of staff are travelling in affected regions should consider checking in briefly to confirm that they are safe and to understand whether their return to the UK may be disrupted. At the same time, the communication should remain respectful of the fact that the employee is on personal leave. In other words, the purpose should be reassurance and awareness rather than monitoring.

Furthermore, travel disruption may prevent employees from returning to work as planned. Flights may be cancelled, airspace may close, and government authorities may issue advice against travel. In light of this, employers should consider adopting a flexible and pragmatic approach. For example, they may allow annual leave to be extended, approve a period of unpaid leave or, in some circumstances, treat the time as special leave. Where operationally possible, temporary remote working may also be a practical solution until the employee is able to travel safely.

In addition, employers should think about the practical support they can reasonably offer. Although the travel may have been undertaken privately, organisations may still wish to share reliable travel information, or encourage employees to follow official government travel advice and register with embassy services. Consequently, employees are more likely to receive timely updates and access assistance if conditions deteriorate.

Ultimately, situations like these test an organisation’s approach to employee wellbeing as much as its formal policies. Therefore, even where legal obligations are limited, employers that respond with flexibility, clear communication, and genuine concern for employee safety are far more likely to maintain trust and confidence within their workforce. 

Emma Gross is employment partner at Spencer West