Bad Weather
The “beast from the east” caused severe weather disruptions in 2018 and it’s that time of the year again where adverse weather could severely disrupt business continuity where employees cannot attend work due to adverse weather conditions.
In general, it is the 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 disruption issues, employers need to ensure that employees are aware of several issues like how communications are to be made on non- attendance, whether flexible / home working would be possible, arrangements as to office/ factory closures and payment of salary for non-attendance.
Ideally adopting an “adverse weather” policy in advance can help avoid misunderstanding 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 a worksite before the employee decides to attend work in adverse weather conditions.
Working From Home
An option of working from home if deemed practicable can also be used to enable employees to avoid losing pay or holidays. Employers should be clear in advance if remote working is acceptable to avoid the problems of employees expecting to be paid for work they have done.
Adverse weather can also mean school closures, which may leave some employees in the tricky position of having to arrange last minute childcare, which is not always possible. In emergency situations, ‘reasonable’ time off for dependents is permitted. Although the statutory right is unpaid leave only
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.
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.
The contents of this article is intended for general information purposes only. Employers are encouraged to have a suitable policy in place and to ensure employees are aware of the processes to follow.
Please contact the employment advice line for further information. If you would like to become a client or require further support, please contact us.
