Keeping business running despite the weather!
Added On: 12th January 2010
Although the severe weather we have just experienced has been the worst for around 30 years, it isn’t uncommon for snow to prevent staff getting to work – it happened as recently as February 2009. So, having an Adverse Weather Policy is very worthwhile; it can provide clarity for managers and staff so that any uncertainty is removed from an already difficult situation, and it will ensure consistency of treatment of staff. The policy should contain guidance on what employees should do in the event of workplace closures, disruptions to roads and public transport and school/nursery closures.
Employers need to decide who employees should contact if they are unable to make it in, whether employees will be paid if they fail to attend work and what action will be taken in respect of staff who abuse the situation to take time off.
If it is safe to travel, employees should come into work as usual. Strictly speaking employees must attend work unless they are sick, on holiday or on some other type of authorised leave even in extreme weather conditions. If employees’ normal transport is out of action due to severe weather disruption employers could encourage them to explore alternatives, but shouldn’t pressurise staff to risk their safety. Employees should be allowed to leave work, if necessary, to avoid treacherous travel conditions on the way home. Employers should never ask staff to disregard official weather and travel advice.
In some instances employees could work from home, but if working from home is not an option, the policy should be clear that any time off work in these circumstances will be:
- unpaid;
- paid unconditionally;
- paid, but employees have to make up the time;
- paid if the employee takes the time as holiday; or
- unpaid, if taken as dependant's leave
If the bad weather results in school closures and alternative childcare cannot be found this could constitute an emergency situation and entitle employees to statutory protection for taking the day off.
If employees could have made it into work but chose not to this could be a disciplinary matter. In blatant or persistent cases, employers may choose to take action in line with disciplinary policies.
If business premises are closed at short notice because of unforeseen circumstances, such as heavy snowfall, and there is no work available for employees as a result, employers cannot usually withhold pay without risking unauthorised deduction from wages claims – unless employment contracts have ‘unpaid lay-off’ clauses or employees agree to being laid off without pay.
JCS can assist in drafting a policy which is appropriate to your circumstances, and advising on any specific issues which may arise as a result of adverse weather.
