Severe Weather and the Workplace: 5 Common Questions Answered

With large parts of the UK having experienced heavy snowfall, we answer five common questions from employers on the workplace impact of severe weather conditions.

1. Do I have to pay employees who cannot get to work because of severe weather? Do I really need a policy on severe weather?

You may need the policy only a few times a year, but it is a good idea to make your workforce aware of the rules that will apply if they have difficulty getting to work because of bad weather.

The policy can be open ended enough to include disruptions caused by anything from natural disasters and severe weather to public transport strikes and terrorist attacks.

In principle, you would be within your rights to refuse to pay an employee who does not appear for work because of severe weather such as heavy snow.

This is because an employee who is not working is not fulfilling his or her contract of employment, and so you do not have to pay him or her.

This is the case even if the employee’s non-appearance is out of his or her control, for example because of extreme weather conditions.

However, this is one of those employment scenarios where the letter of law says one thing, but common sense dictates a more pragmatic approach.

The financial burden on your business of paying staff even though they are not working because of bad weather may be outweighed by the benefits.

Staff morale and your reputation as a good employer may benefit in the long run if you pay staff on a snow day.

2. What are my options if I need employees to work even though the weather is bad?

In this day and age, many jobs can be done from home, and employees who frequently work at home should be encouraged to do so when bad weather approaches.

However, employers need to be careful about asking employees to work at home when a requirement to do so is not included in their contracts of employment. So you need to seek their consent.

If it is not, to require an employee to work at home in severe weather will constitute a unilateral variation of contracts of employment requiring consultation in advance with affected staff. To avoid this, you need to express that this is a one-off occurrence and bears no change to their terms and conditions of employment.

Employers should also consider the health and safety aspects of homeworking before imposing a homeworking requirement: some employees’ homes will simply not be set up to be turned into a temporary workplace.

3. Can employees take periods when they cannot get to work because of poor weather as annual leave?

Where employees are unable to get to work because of bad weather, taking the time as paid annual leave may be an option.

There is nothing to stop you asking if employees would like to take extra holiday if they are unable to get to work.

Many employees will find taking paid holiday preferable to losing a day’s pay.

However, there may be circumstances in which this might not be possible. For example, where the employee wishes to keep their leave for a foreign holiday.

If you are going to insist that employees take the time as holiday, you must give them the minimum statutory notice.

4. If I close my workplace because of bad weather, do I have to pay my staff?

If employees are working from home, you must pay them their normal wages.

If an employee is unable to work because you have made the decision to close the premises, this will in effect be a period of lay-off.

You should pay your employees their normal wage, unless there is a contractual provision allowing for unpaid lay-off, or the employees agree to being laid off without pay.

5. I have employees with children at schools and nurseries that are closed because of the severe weather. Do I have to give them time off when they have nowhere to put their children?

Employees have the statutory right to a reasonable period of unpaid time off for dependants.

The right applies where an employee needs to take time off work because of unexpected disruption to the care arrangements for a dependant.

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