What does severe weather mean for the working world?

With storms set to hit UK – What do severe weather warnings mean for the working world?

Forecasters have predicted widespread blustery weather extending into parts of southern England, causing major transport disruption and possible floods in the coming weeks.

The Police and Highways Agency have issued winter weather warnings to motorists with wind speeds anticipated up to 60mph to take precautions when travelling and to remain ‘on guard’ as snow is also expected.

We all know, when it snows it is often difficult to travel to work due to transport network failures and the best of cars grinding to a halt. In treacherous conditions, schools often closed and warnings issued not to drive unless necessary, the question is:  Where do employees and employers stand with regards to employment law’?

Contract

In line with their terms and conditions of employment, employees are obliged to attend work in all weather conditions. Employers are justified in docking wages of employees who do not attend work due to the ‘weather’.

However, employees do have a legal right to unpaid time off to deal with emergency situations regarding dependants (including children). This does not normally apply to school closures in bad weather as this is unlikely to constitute disruption to childcare. Unexpected school closures are arguably emergency situations, and employees can argue they are entitled to statutory protection for taking a reasonable amount of time off.

Best Practice

The decision to deduct pay for absences related to weather should not be taken lightly. Employers are advised to consider the effect on morale of employees and how in reality the absences may affect the business (revenue) or have affected the business. Bad weather is not generally a problem businesses’ in the UK face regularly, therefore alternative methods to manage absences can often be more effective such as allowing employees:

• To work from home

• Take the day off as annual leave – consent required/proper notice

• Allow the time off but require time to made up later

• Have a policy that entitles employee full pay for maximum of 3 days per year for absences related to bad weather

Employers should be mindful that there may be occasions when their business has to close due to adverse weather. They are not entitled to withhold pay as a result under general principles. Under the circumstances, a measured approach to employee absences is usually best practice to ensure a happy workforce!

Proper Policies

Bad weather has caused considerable disruption over the last couple of years. Employers are advised to ensure that they have clear policies in place to govern what employees are required to do in situations outside if their control due to adverse weather. Most employers can add a paragraph to existing handbooks/contracts under absence policies but this change should be implemented after consultation with staff. If employers are concerned that staff may take advantage of generous absence policies, they should make it clear that employees are obliged to make reasonable efforts to get into work (for example, using alternative travel arrangements). Due regard should always be had for the health and safety of employees.

Genuine absences

Employees should know that employers can legitimately take disciplinary action against them if weather has been used as an excuse to skive off work.  Legal advice is recommended under these circumstances to ensure that proper procedures are followed.

If you are or have been affected by adverse weather and are worried about your rights as an employee or employer and need advice, please contact Ms Kaajal Nathwani, Employment Associate  at Curwens LLP for an initial free consultation on 0208 363 4444 or via email on kaajal.nathwani@curwens.co.uk.