Employment Rights and Snow
What is the legal position for employees who do not turn out to work because of the bad weather? Many an employer and employee are asking this question right now.
The answer is not that simple. A few, far-sighted employers will have 'bad weather' policies but for the majority the best advice is to adopt a reasonable approach. Staff should be encouraged to make every effort to travel to work, but without putting themselves at undue risk – especially if the weather or travel conditions deteriorate. In some cases, working from home is a possibility which will be appropriate for both sides.
Strictly speaking, staff are protected from “unauthorised payroll deductions”, so docking a day or more from pay for non-attendance could lead to a legal challenge. This may also be seen as unduly draconian and would certainly have a negative impact on the employment relationship. Where it appears that employees are “skiving”, this should be handled as a disciplinary issue. But employers must remember that every individual faces a very different set of circumstances, and not jump to hasty conclusions about someone’s apparent failure to make the effort. An initial discussion could ask for a full explanation and might include the suggestion that the day should be taken as holiday.
Where staff are paid on the basis of hours worked, for example casual retail or catering staff, the legal position is clear and they are unlikely to have any right to be paid. Whilst they may feel aggrieved, the employer is probably also losing significant income through loss of trade.
Parents obliged to stay home and care for their children due to last minute school closures may be covered by legislation giving them the right to unpaid time off to deal with emergency situations. Employers may be happy for the employee to take the day as holiday if they prefer.
Finally, what of staff who heroically struggle in against all the odds and feel bitter that their less adventurous colleagues stay at home and yet continue to be paid? A bit of old-fashioned appreciation (“Thank You”) goes a long way and will reassure the employee that their effort has not gone unnoticed.
As our climate changes and snow, ice and flooding become less unusual, employers are being advised to devise and communicate a clear and consistent bad weather policy, or even include a clause addressing this issue in their contracts of employment.