Snowy and icy conditions have been a feature of our weather over the last few days and this has led to problems for many workers trying to get to work. Below are the answers to some commonly asked questions because of the snow.
If you cannot get into work because of the snow/ice do you have the right to be paid for that day?
Employees have no general legal right to be paid if they do not come into work, unless their contract allows for them to be paid when they cannot get into work due to bad weather. Some companies have 'bad weather' policies so that employees who are kept away from work because of the weather conditions are still paid. For those employers who don't have 'bad weather' policies the TUC advises that it would be bad practice not to pay staff or force them to take holiday as this could cause resentment among those who have been kept away from work through no fault of their own.
What happens if you cannot get to work because your child's school has closed?
Employees have the right to unpaid time off to deal with emergency situations regarding their dependents. This time off would not normally apply to this situation as a school closure is not the same as a disruption to childcare. However, it is arguable that a situation where school closures were announced in the morning would be seen as constituting an emergency situation and employees would be entitled to statutory protection for taking a reasonable amount of time off to deal with the emergency situation, i.e. to make alternative arrangements for the care of their dependents. A reasonable amount of time off would probably be the rest of that day at the most. This time off is normally unpaid but not all employers will take this approach.
What should employees do?
Employees are obliged to attend work unless they are sick or on leave and this means that the onus is on employees to come to work. However employees should not feel pressured to risk their safety to get to work.
Employees must get in touch with their employer as soon as they think it is unlikely that they can get to work. Not all employers will take the same approach so it is best to give as much notice as possible and clarify with the employer how the absence will be treated.
What should employers do?
Employers should consider whether employees could work from home until the weather improves. If working from home is not an option the employer could agree that employees can make up the time at a later date or allow employees to take the time off as paid annual leave.
Unless the employee's contract contains an express right for the employer to direct when their holiday is taken, employers cannot force employees to take a day's holiday without their consent or without giving proper notice as set out in the Working Time Regulations. The Regulations allow an employer to give an employee notice to take leave, provided that notice is twice as long as the period of leave. This may not be practical given that it is difficult to tell from one day to the next what the weather will be like.
If the employer temporarily decides to close the business at short notice because of the weather and there is no work available for the employees as a result the employer cannot usually withhold pay. If the employer does withhold pay the employees could bring unauthorised deduction from wages claims to recover the pay owed. If however an employer has a "temporary lay off" clause in the contract of employment which allows them to temporarily lay an employee off without pay (other than statutory guarantee pay) or it is custom and practice for an employer to operate on this basis then it may be permissible for an employer to close the business at short notice because work is not available beyond their control.
Many employers have 'bad weather' policies that state what is expected of staff and what they should do when snow, ice and a lack of public transport prevents them from getting to work. This policy should also cover what parents should do if their local schools close and they have no alternative means of childcare.