Work and weather
What happens if you can’t get to work because of snow or flooding? Employment lawyer Gareth Edwards explains your rights
Over the past month, visitors from the Antarctic may have felt quite at home in the UK, as some of the worst winter weather for decades hit the country. And it was all too familiar, as it was only in February last year that we got our heaviest snowfall for 18 years. In both these instances, thousands were unable to travel to work and hundreds of schools and businesses were shut.
Snow isn’t the only weather phenomenon that businesses battle. Consider November, when Cumbria was devastated by a once-in-a-thousand-year storm that drenched the area. And in June 2007, severe flooding in south west England, the Midlands, Yorkshire and Humberside killed 13 people and left 48,000 homes and 7,000 businesses deluged with water.
So, with official weather warnings remaining in place across the country – including for more snow as C+D went to press – what should happen if employees are unable to come to work because of adverse weather conditions?
If I can’t get to work, will I have to take annual leave or lose pay?
The starting point is that employees are only entitled to be paid for the work that they do. If employees are unable to get to work, or cannot carry out their work, an employer does not have an obligation to pay.
Employers should consider the employee’s contract of employment and any workplace policies that apply. Some employers will already have bad weather policies in place so that those who are unable to work because of snow or the like know whether they will still be entitled to pay. Employers who do not have a bad weather policy should consider introducing one, so that employers and employees know their rights.
Any widespread disruption and warnings not to travel unless necessary may make it very hard for an employee to travel to work. Some discretion may need to be exercised by the employer even when a policy is clear.
Surely some people just use bad weather as an excuse not to come to work?
One of the most effective ways that employers have found in reducing this problem is to tell employees that any further days off work will be deducted from annual leave, or taken as unpaid leave. This may be draconian where the weather causes widespread disruption, but it is likely to help those ‘on the fence’ where there is some bad weather, but it is not reported as causing disruption.
Can I work from home to avoid travelling in poor conditions?
Employers should consider allowing employees to work from home. Employers need to look at: the contract of employment and any internal policies; the type of work employees carry out; and the facilities needed to enable them to work from home. In weather conditions such as we have seen recently, and those in February 2009, employers may be considered by a tribunal to be unreasonable if they refuse to allow an employee to work from home where it is possible for the employee to do so.
Allowing employees to work from home on occasions where there is widespread disruption together with advice to avoid travelling can help employers avoid any potential health and safety issues. Employers have a duty of care towards their employees and it is not necessarily in an employer’s best interests to place employees under pressure to travel to work where the advice from authorities is to avoid travelling.
Can employers tell employees not to come to work and subsequently penalise them?
Although there is no concrete answer, such an approach is not likely to be well received. When the snow in February 2009 first hit, members of the Transport Salaried Staffs Association, who work on the London Underground, were told not to go to work because the buses and most of the tubes were not operating. The employees have since been told that the time away from work must be taken as unpaid leave, or deducted from annual leave.
Are employers under a duty to pay expenses to employees resulting from the bad weather?
There is no duty on employers to pay expenses to employees that occur as a result of the bad weather, such as overnight accommodation if an employee becomes stranded on their way to or from work, unless the contract stipulates otherwise.
Gareth Edwards is a partner in the employment team at Veale Wasbrough Lawyers