Snow Chaos: Advice for Employers

The recent heavy snow falls across most parts of the UK have caused disruption for many businesses. So, other than endlessly moaning about the weather, what are the legal obligations of the employer when it snows?

Do you have to pay staff who are unable to get into work due to snow and difficult transport conditions?

There is no case law on this and therefore unless the contract of employment provides for paid time off in the event of adverse weather, which is extremely rare, then the answer is probably not. However, in most instances a deduction from pay will be unauthorised unless the contract of employment provides for a deduction in specified circumstances, which is unlikely in the case of adverse weather, or the employee consents. Most employers will argue however that they only have a duty to pay an employee who is willing and able to work. As a result of which if an employee fails to turn up for work the employer can argue they are under no legal obligation to pay the employee.

Employers may wish to consider alternatives such as asking employees to take part of their holiday entitlement, work from home or another location or agree to pay the employees on condition that they make up the lost time by working unpaid overtime at a later date. Employers should bear in mind that they cannot insist on employees taking part of their holiday entitlement unless the employment contract contains an express right for the employer to direct when holiday is taken.

Do parents forced to take time off due to school closures have a right to time off?

Employees have a right to take a reasonable amount of unpaid time off work to deal with unexpected emergencies affecting a dependant. This would include absences due to the closure of a child’s school or nursery where alternative childcare arrangements cannot be made.

What if you are forced to close the office due to the severe weather conditions?

If you decide to temporarily close your business because of unforeseen circumstances such as heavy snowfall and there is no work available for your employees as a result you cannot usually withhold pay.

We would recommend that all employers check their contracts of employment, staff handbooks and policies to see if they have made provision for absence due to adverse weather. If not, we would recommend that employers consider drawing up a policy and communicating this to all employees so they have warning of the way in their employer will be dealing with the situation.

If you need further advice or assistance on any of the matters raised above or on drafting a policy dealing with absence due to adverse weather then please do not hesitate to contact a member of our employment team. 

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