It’s that time of the year again where adverse weather could severely disrupt business continuity due to non-attendance of staff. Previously, storms have swept across the UK causing massive flooding; but what are the implications of this to the employers?
Duty of care
In general, there is an obligation of the employee to attend work on time, but this requirement needs to be balanced out with the employer’s duty of care to protect the employee’s health, safety and welfare as far as it is reasonably practicable.
To address bad weather and travel disruptions, employers need to ensure that staff are aware of company processes like how communications are to be made on non- attendance, whether flexible / home working is possible, arrangements to office/ factory closures and payment of salary for non-attendance.
Adverse Weather Policy
Ideally adopting an “adverse weather” policy in advance can help avoid confusion but where no such policy exists then this article tries to address a common issue faced by employers namely; should employees be paid when they are unable to get to work due to bad weather conditions.
The employer / employee relationship, amongst other things, is based upon the obligation for the employer to provide work and the employee to be ready, willing and able to do the work. Therefore, unless there is a contractual term permitting employee to be paid for non-attendance at work then non- attendance will be unpaid.
However, if employee turns up for work, be it later than expected, but then later on in the working day the employee is told to leave early be it on health safety grounds due to bad weather conditions then it is prudent to consider that day as a paid day.
The alternative to unpaid leave is to give the employees the opportunity to use their annual leave entitlement for weather-related absence but only if they agree to it or advance notice is given that they are required take holidays. Notice under Working Time Regulations 1998 would be twice as much notice as the holiday itself unless contrary notice provisions apply within the employee contract or if there is an existing agreed policy on the matter.
The above would be a fairer approach to take where an employer is forced to close the workplace before the employee decides to attend work in adverse weather conditions.
WORKING FROM HOME
An option of working from home if deemed practicable can be used to enable employees to avoid losing pay or holiday days. In advance. employers should be clear whether remote working is acceptable in the workplace and how this would operate. This will avoid problems where employees expect to be paid for work they have completed in such circumstances. Please note working from home may not be suitable for all roles in the company; however employers must apply this fairly and consistently.
Adverse weather may also result in school closures, this may leave employees in the tricky position of having to arrange last minute childcare; this is not always possible. In emergency situations, ‘reasonable’ time off for dependents is permitted. Please note although this is a statutory right; it is unpaid leave unless the employer agrees otherwise.
An employer cannot force an employee to attempt a journey if it is too dangerous to get to work, however if this is not a genuine case and the employer would have the option to investigate matters to consider if disciplinary action is deemed appropriate.
Flexible working
The handling of bad weather and travel disruption can be an opportunity for an employer to enhance staff morale and productivity by having a flexible and understanding approach to things and to avoid claims of discrimination, unfair detriment and feelings of resentment amongst employees.
Employers should make sure that a consistent and fair approach is taken and that policies, practices and arrangements are clearly communicated thus always prudent for employers to take HR advice on such matters.
Employers are encouraged to have a suitable policy in place and to ensure employees are aware of the processes to follow. If you would like more information on which type of possible would be best for your organisation, please call us on 0333 240 7208 or contact us here.
