Adverse Weather Impact
Winter often brings adverse weather, affecting people’s ability to get to work. Heavy snow, flooding, and high winds can prevent employees from commuting.
Employers might wonder what to do if an employee cannot work from home or refuses to come in. Are they still entitled to pay? What are the alternatives to coming to work?
Ensuring safety is crucial in these discussions. Here’s a guide on managing expectations during the winter months.
Employer’s responsibilities
Employers must take ‘reasonable care’ to ensure the health and safety of their employees under statute and common law, extending to protecting workers from adverse weather conditions.
The Health and Safety Work Act 1974 mandates employers to conduct a suitable and sufficient risk assessment.
ACAS advises against encouraging staff to travel in unsafe conditions, such as during heavy snow or ice when the Met Office warns against non-essential travel by car or public transport.
When are employees required to attend work?
Employees should generally attend work unless:
Employers can take disciplinary action if they suspect an employee is using adverse weather as an excuse to avoid work.
However, individual circumstances must be considered during investigations.
Employees are entitled to their full pay or salary as specified in their contract and have the right to be free from any unlawful wage deductions.
Typically, employees must provide “consideration,” meaning they must work to receive their pay.
Thus, if they fail to attend work, it may be possible to withhold pay, depending on the circumstances and contract terms.
Importance of contractual agreements
Given the complexities of pay during adverse weather, it’s essential that contracts and policies clearly outline when pay is due and the expectations for employees to attend work during disruptions.
Employers should proactively ensure employees are aware of their rights and responsibilities in extreme weather. Plans to mitigate the effects of employees missing work should be communicated.
Get in touch if your organisation needs guidance on creating fair adverse weather policies and procedures for your employees.