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With winter around the corner, adverse weather conditions are likely to cause disruption to employees’ travel arrangements and ability to commute to the workplace. So, how should an employer handle workplace issues associated with the onset of winter?

1. How should an employer deal with an employee who can’t attend the workplace due to the weather?

The legal position is fairly straightforward: employers are not obliged to pay staff who cannot make it into work due to severe weather. Therefore, unless there is something in an employee’s contract, handbook or collective agreement, or an established custom and practice that directs otherwise, an employer is not legally obliged to pay an employee who is unable to make it into the office. However, an employer could of course consider alternative arrangements, such as:

• Remote working options, where possible.
• Allowing employees to use annual leave.
• Allowing employees to make up lost time at a later date.
• Offering flexible working hours to accommodate travel disruptions.

An employer may of course decide to exercise its discretion to pay employees despite them not being able to make it into work. Employers in this situation should be mindful of setting a precedent in these circumstances and should ensure consistency of treatment of employees. Employers should also be mindful that employees who have managed to make it into work may feel upset if others are being paid despite not working.

2. What happens if an employer closes the workplace?

If an employer decides to close the workplace due to severe weather, the situation regarding pay is different. Unless the employer has a specific contractual provision providing a right to lay off, the employer would generally need to pay employees who are willing and prepared to work in full, despite the closure of the workplace.

3. How should an employer deal with the childcare emergencies of its employees due to adverse weather?

When schools and nurseries close unexpectedly due to severe weather, employees have the right to take a reasonable amount of unpaid time off work to arrange alternative childcare. This is known as time off for dependents and includes the right to unpaid leave for emergency situations and time to make alternative arrangements.

4. How should an employer deal with an employee who is suspected of using the weather as an excuse not to come into work?

An employer needs to be mindful of acting reasonably in the circumstances. It may not be reasonable to expect all employees to take the risk to reach the workplace. If an employer suspects however that an employee could have reasonably reached the office or other workplace but has just chosen not to, the employer should communicate with the employee on their return to investigate why they did not come into work. It may then be that further investigation and even disciplinary action are appropriate and reasonable next steps for an employer to consider.

Final considerations

Employers should have a clear adverse weather policy which is readily available for staff to review. It may be advisable for staff to be reminded of this policy as we near winter and potential adverse weather and travel disruption. Line managers should communicate with employees as to what is expected of them and a reasonable and consistent approach should be followed. We are here to provide expert legal guidance tailored to your business circumstances.

Our Employment team of expert employment lawyers can help you understand your workplace obligations during the winter months.  Contact us today by filling out our online contact form or give us a call on 0330 111 3131.