Rail strikes: I can’t get to work, does my employer have to pay me?

IF you’re reliant on the train to get into work, you may be wondering what to do when there are strikes affecting your route.

Will you still get paid, and how do you claim compensation? Here’s all you need to know.

Do I still get paid if I can’t get to work due to rail strikes?

In June 2022, thousands of train workers announced three days of strikes would take place that month over jobs and pay.

The industrial action will start on Tuesday, June 21, 2022, and also take place on Thursday, June 23, and Saturday, June 25, 2022, with just one in five trains running on strike days.

Network Rail said no passenger services will serve locations such as Penzance in Cornwall, Bournemouth in Dorset, Swansea in South Wales, Holyhead in North Wales, Chester in Cheshire and Blackpool, Lancashire.

There’ll also be no passenger trains running north from Edinburgh or Glasgow.

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The bad news for workers is that you won’t necessarily still be paid for work missed due to strike action.

Gary Wedderburn, Senior Advisor at ACAS told ITV: “Employees don’t have a legal right to be paid for working time they’ve missed due to travel disruption.”

“It is a good idea for employers and employees to discuss and agree how any missing time will be treated.

This could mean taking additional days as either holiday, unpaid leave or paid special leave.

He added: “Different workplaces will have different policies, so it is always a good idea to check at the earliest opportunity.”

Can I get fired if I can’t get to work due to rail strikes?

If your chances of getting your normal train into work are looking slim, you may be wondering whether not being able to get in could put your job in jeopardy.

Slater and Gordon employment lawyer Paula Chan told Manchester Evening News in 2017: “If someone is dismissed due to a strike and were unable to get to work, it’s very unfair.”

Ms Chan said good employers will know that a one-off travel disruption shouldn’t lead to the start of disciplinary action.

Ms Chan said good employers will know a one-off travel disruption should not trigger the process for formal disciplinary action.

“If you are genuinely unable to get to work and have shown you have tried to take steps and worked with them to do that, it would be very unfair to be disciplined or dismissed,” she added.

She also recommended call your boss rather than emailing to make arrangements, and follow up with a paper trail of the exchange via email.

How do I claim rail strike compensation?

If you have a season ticket, an advance ticket, or if you forgot there were strikes and bought a ticket on the day, you will be able to claim at least some of your money back.

The process varies depending on the operator, but normally you have to contact the company and provide a picture of your ticket, pass, or a receipt, and provide details of the train you were supposed to be on.

This is part of what’s called the “Delay Repay”.

The scheme will give pay-outs to customers if the train has been delayed by a certain amount of time, which differs depending on the company, the type of ticket and how long the delay was.

Information must be provided for each individual delay.

The rules appear to have been changed to be more generous to those with season tickets.

Transport Secretary Grant Shapps gave assurances over season ticket compensation on June 16, 2022.

He said the government “will ensure season ticket holders will be able to claim full compensation on strike days” and is planning to bring in “range of options” including the use of agency workers to respond to future action.

It appears season ticket holders will be able to claim back 100% of the usual compensation, should they decide not to travel on any of the strike days, even if their train hasn’t been cancelled.

This won’t apply to other days when services will still be affected by the industrial action.