22 Jan 2019
With Met office warnings for snow and ice issued for Scotland, senior employment law solicitor, Heather Maclean, from Law At Work, advises employers on how to prepare for the adverse weather.
Last winter, the so-called “Beast From the East” gripped much of the UK and cost the UK economy as much as £1bn per day.
With the UK seeing the first snow flurries of the season, talk has turned to speculation about what the weather might have in store this year.
The extreme weather witnessed last winter caught many businesses by surprise and caused havoc. In response, the Scottish Government has published a new “Fair Work Charter” to help businesses prepare for severe weather. It encourages employers to think about their rules and procedures for dealing with disruption.
To help employers weather the current storm and prepare for future scenarios, employment law and HR specialists Law At Work, details advice on hot (or should we say freezing?) topics for businesses during inclement weather.
Do I have to pay my employees if they can’t get into work?
In general, no. Employees are legally obliged to come to work provided they are not on sickness, annual or some other “official” leave. This is the case even during periods of extreme weather. If the workplace is open, employees should make the effort to get to work if they can. While employers should not encourage employees to put themselves at risk, if an employee cannot get in the employer is not generally obliged to pay them. However, employees stranded while out on business are likely to be considered as “at work” so should be paid.
Employers should check their staff policies and contracts for any indication that staff will be paid in the event of bad weather. Employers should also have regard to previous episodes of adverse weather and ensure that their approach is consistent with how they behaved in the past.
What alternatives are there to docking pay?
Employers may wish to avoid docking staff wages to prevent low morale amongst staff and, in the case of high-profile businesses, to avoid bad press. Approaches to consider include:
Can employees take time off work because their children’s schools/nurseries are closed?
Yes, employees are entitled to reasonable unpaid time off to look after dependents in an emergency. So, if a school closes at short notice and employees do not have the opportunity to arrange alternative childcare, they are entitled to unpaid time off and should not be disciplined for taking this time off. Again, employers will want to check their policies in case provision is made to pay employees who need to take time off in these situations.
What can I do if I suspect an employee can make it into work but is choosing not to, blaming bad weather?
In this situation it is open to the employer to discipline the employee. However, employers must have evidence to show that employees are blaming their absenteeism on the weather and must not act on suspicions alone. Thereafter, employers should proceed by following their disciplinary policy. Employers should also take care in relation to any health and safety implications when encouraging (or even threatening) employees who assert that they are unable to attend work. If an employee has a genuine and reasonable grounds for fearing for their health and safety if they try and attend work during bad weather, disciplinary action may well constitute a detriment based on health and safety grounds.
What if I have to close the workplace?
If an employee’s workplace is closed because of bad weather, employers are generally obliged to pay employees.
What can I do to prepare for bad weather?
Employers can take a number of steps to minimise the disruption caused by adverse weather. The first is to introduce, or update, an Adverse Weather Policy. LAW clients can find a style policy in the client area of the website. Ensure that the policy and your organisation’s position is clear well in advance of the arrival of bad weather. The policy should contain information on pay in the event of staff being unable to get into work as well as information for parents and those with dependents on their rights and obligations in the case of school/nursery closures. It should also link to the organisation’s absence or disciplinary policies to deal with the issue of employees falsely blaming absenteeism on bad weather.
Top tips for employers:
For more information on Law At Work, please visit www.lawatwork.co.uk/