British weather is far from predictable and although the peak of our winter may be over, there are still rumours of snow on the horizon. So when the bad weather hits, what does that mean for the workplace? What should employers do if staff are unable to get into work because of extreme weather conditions?
Pay on bad weather days
If bad weather has stopped employees from coming into work, employers need to make a decision about payment. In principle, employers are within their rights to refuse to pay an employee who does not come to work because of the bad weather. In choosing not to come in, they are not fulfilling their contract, even though the situation is out of their control, and do not need to be paid. For many employers, however, the benefits of paying someone for a ‘snow day’ outweigh the cons. Although they are paying an employee for a day they are not working, the long term affect this has for staff morale and their reputation as a good employer is often much better for business.
An alternative is to offer the employee who is unable to come into work the day of as annual leave. It is possible to ask employees if they would like to take extra holiday if they are unable to make it in. Some employees may rather take paid holiday for a snow day than to lose a day’s pay, but this won’t always be the case. Bear in mind if employers want to insist employees use holiday for a snow day, they must give them the minimum statutory notice.
Employees with children at schools that are closed
It is not uncommon for employees with children to be in a position where their child’s school or nursery is closed because of extreme weather. When this happens the employee is entitled to a reasonable period of unpaid time off for dependents. This right can apply when an unexpected disruption to the care arrangements for a dependant occurs, such as bad weather closing a school or nursery. Should an employee want to take advantage of this right, they must inform the employer as soon as possible.
When the workplace closes
In some cases of extreme weather, it may be that the entire workplace has to close. When this happens, if employees are working from home, the employer must pay them their normal wages. If employees are unable to work before the employer has made the decision to close the premises, then this will in effect be a period of lay-off and employees should be paid their normal wage.
For more information, visit http://79.170.40.162/enlightenhr.com or contact Alison Benney:
alison@enlightenhr.com
Tel: 01803 469466
