- Mar 4
- 2 min read
“The current situation involving employees who are stranded in the Middle East raises a number of important employment law and HR considerations. Employers will need to approach matters carefully, balancing legal obligations with operational realities and employee welfare."
"The starting point is whether the employee is able to continue working remotely. If the employee can carry out their duties from abroad and is ready and willing to work, they should ordinarily continue to receive their normal pay. An employee who is prepared to work but prevented from physically returning due to circumstances outside their control will generally remain entitled to pay, subject to the terms of their contract."
"Where the employee is unable to work at all, the position becomes more complex. Much will depend on the contractual terms and any applicable policies. In many cases, there is no express contractual right permitting an employer to withhold pay where the absence is involuntary and caused by external events (for example, airspace closures or conflict). Any unilateral decision to suspend pay could expose the employer to claims for unlawful deduction from wages or breach of contract."
Employers should therefore consider practical and lawful alternatives, such as:
Agreeing a temporary period of paid leave;
Requiring or permitting the employee to take annual leave (subject to statutory notice requirements);
Agreeing unpaid leave by mutual consent; or
Considering whether any other form of leave under company policy may apply.
"Each case will turn on its facts, including the reason for the employee being abroad, whether the travel was business-related or personal, and whether the employer required or authorised the travel."
"Where the employee was travelling for work, additional considerations arise. Employers owe a duty of care to employees on business travel, which includes taking reasonable steps to safeguard their health and safety. In higher-risk regions, this may extend to maintaining regular contact, monitoring Foreign Office guidance, assisting with evacuation arrangements where appropriate, and ensuring suitable insurance and support mechanisms are in place."
"Even where the travel was personal, employers should remain mindful of the implied duty of mutual trust and confidence. A rigid or punitive approach in circumstances involving conflict or emergency may carry employee relations and reputational risks, as well as potential legal exposure."
There may also be practical HR considerations, including:
Business continuity planning;
Immigration implications if employees are stranded outside the UK for extended periods;
Data protection and confidentiality risks if employees are working remotely from unfamiliar environments;
Consistency of approach across the workforce to avoid grievances or discrimination allegations.
"In short, employers should prioritise clear communication, consistency, and documented decision-making. Policies on business travel, emergency response, and remote working should be reviewed as a matter of urgency where necessary. Legal advice should be sought before taking any steps that could affect pay, employment status, or disciplinary action."
"A measured and pragmatic response will be essential in navigating what is, ultimately, an evolving and fact-sensitive situation.”
