When residing and working in Britain we must come to terms with the fact that we will more than likely face adverse weather conditions throughout the autumn and winter months (although summer is never ruled out either!).

Torrential rain, snow, high winds and flooding can cause subsequent travel disruption and may delay or prevent staff from getting to work on time, if at all! Employers will therefore need to adapt existing working arrangements or may indeed need to close workplaces entirely during these exceptional circumstances.

We have highlighted below questions that employers may have in the event of employee absence due to poor weather:

Must I pay employees who are unable to get to work due to adverse weather, if the workplace is open?

If a member of staff cannot get to work due to bad weather and/or travel disruption on their normal route, they must contact their line manager or designated contact as soon as possible.

Employers are under no obligation to pay an Employee if they cannot attend work or are delayed due to adverse weather conditions unless the Employee’s contract of employment states otherwise. The best thing to do is to check whether you have any contractual terms or policies in place that deal with non-attendance due to bad weather. This will certainly help to clarify any ambiguity if such a case arises!

What if it is impossible for staff to attend work due to adverse weather?

If missing work is completely unavoidable, Employers should provide options that are well communicated to staff. These must be flexible, achievable and fair across the workforce. Options to consider include:

• Allowing staff to come in a little later than usual if the travel disruption or weather is expected to improve.
• Offer flexible working allowing staff to make up any lost time.
• Offer a ‘work from home’ policy.
• Switch to duties that can be carried out from home.
• Agree for staff to take time off as paid annual leave.

What happens with regards to pay if I must close my business premises?

As a general rule, Employers must pay those members of staff who were available and willing to work on that given day. It may be helpful to document guidelines within your Employee Handbook covering how special circumstances such as adverse weather will be dealt with.

What if members of staff are faced with school closures or childcare issues?

Adverse weather conditions can lead to school or nursery closures or the unavailability of other childcare arrangements. During an emergency that involves a dependent, anyone with employee status has the right to take unpaid time off, under ‘Dependents Leave’. This time is unpaid unless Company Policy or the Employee’s Contract of Employment specifies otherwise.

What Health and Safety issues do I need to think about?

Employers will always have a duty of care regarding the health and safety of their Employees. If general weather and transport advice is to stay at home, Employers should refrain from encouraging employees to attend work or penalising those who don’t attend. If bad weather strikes during the working day, it may be appropriate to let Employee’s travel home early. If an employee was to have an accident that caused injury, the employer could potentially be held liable for this.

It is necessary to try and find a balance between encouraging employees to make all reasonable efforts to get to and from work without taking undue risks.

Forward-planning to minimise difficulties

To help ensure the smooth running of your business, whatever the weather, it is worth providing clarity by creating an ‘adverse weather policy’, which ensures that Employees are informed of what is expected of them when severe weather strikes. This should also include details of who to contact if the Employee cannot get to work and / or how they will find out if their workplace has to close.  

Staff should also be encouraged to forward plan when adverse weather strikes such as seeking alternative travel options or agreeing what work could be undertaken from home if the need arose.

If you require any further support and guidance, please do not hesitate to contact our team at Sitrus on 01625 428926 or enquiries@sitrusconsulting.com