It’s snow fun....when there’s no staff

The Met Office have not hidden the fact that the majority of the UK is set for an earlier than expected delivery of snow which will inevitably lead to traffic delays, road closures and disruptions at work. A big problem that employers have to face when battling with adverse weather conditions is that of disrupted work patterns and absent employees. It is essential that employers bear this in mind and plan ahead for what could be a disrupted couple of weeks.

Photo courtesy of Antony Devlin/PAEmployees who live in remote areas are aware of the potential difficulties they may face during the periods of adverse weather and should be prepared to make appropriate arrangements in relation to attendance at work. Commuting in such a rural area as Herefordshire is bound to create difficulties for employers and employees alike, creating an undesirable effect on the day-to-day running of businesses.

To pay – or not to pay?

The main question that arises when businesses are faced with such weather conditions are that of employee absence and whether staff are to be paid if they are late or absent from work as a direct result of such weather. 

If an employee cannot get into work because of the weather the employer is not obliged to pay the worker for that day unless their contract of employment or company handbook provides otherwise. Effectively, the employer therefore has the choice to pay staff (providing it does not state otherwise in their contract or handbook) however, this must be consistent and could prove to be extremely costly for employers in years to come.

In any event, it must be advised that employees let their immediate Line Manager know at the earliest possibility as to their situation and attendance at work. If it is the case that employers do not wish to pay their employees for time off work due to the weather, it must be consented to by the employee before the wages are “docked” from their normal pay packet to prevent any “unlawful deduction from wages” claims.

However, that said should the employer choose not to pay staff for time off due to the current weather conditions employers should be minded to foresee the negative impact on staff morale such action might cause. It is important to understand that employees are expected to make every reasonable effort to reach their normal place of work or an agreed alternative location, however at no point are employees expected to, and should not, put themselves at risk.

With regards to parents and the closure of schools there is a high possibility that child care issues are going to cause difficulties. Statutory protection allows employees to take unpaid leave to care for dependents in cases of emergencies. This provision would extend to a reasonable amount of time off work to allow employees to put in place child care arrangements.  

It is however different if the employer chooses to close the business due to the weather. In cases such as these employees are entitled to receive full pay unless as stated above their employment contract or company handbook states otherwise. 

We would advise that employers make it clear that any alleged abuse or personal advantage of the weather situation could result in disciplinary proceedings and therefore time off from work should only be taken in cases where there are no alternatives.

To discuss your contract of employment, company policies and handbooks or any matter regarding employee absence please contact our Employment Department who would be happy to offer a three thirty minute consultation. 

Rebecca Hardy, Paralegal, Employment Dept.