Snow-Go – What Does The Law Say On Employee Rights During Ice & Snow?

The Met Office has predicted that snow is set to fall in the UK this week as conditions are forecast to turn much colder due to strong blizzards being swept across eastern Europe, causing schools to close and power cuts.   

With many in the UK expecting to be impacted by the snow and ice, employees may be wondering what their rights are if their ability to work is affected due to the cold weather.

When heavy snow hits or the roads are in dangerous conditions, employees’ ability to get to work on time is affected. In some instances, they may not be able to get to work at all. These situations can arise from circumstances ranging from public transport services being interrupted or cancelled to childcare issues due to closed schools.

Below, we have outlined what the law says about employee rights during ice and snow.

I can’t get to work because of the bad weather. Does my employer have to pay me?

Put simply, no they don’t. It’s generally an employee’s responsibility to get to and from work and so if this is not possible, the employer is entitled to regard such absence as unauthorised. An exception to this might be where the employer provides transport (e.g. a bus service) and this is cancelled.

Once again, some employers may consider allowing employees to request the time off as annual leave or to work from home. However, it is important to remember your employer should not force or pressure you to unnecessarily attempt the journey if there are legitimate safety reasons why you should not travel.

Is there a minimum workplace temperature that should be met?

No, there isn’t. However, employers are required to maintain a safe working environment. The Health and Safety Executive provides guidance and recommends a minimum temperature of 16C for workplaces where the nature of work is fairly inactive/deskbound, such as in offices. If the work requires physical effort, the minimum recommended temperature is 13C.

My workplace has closed for the day because of the weather. Does my employer have to pay me?

Unless your contract has a provision allowing for unpaid lay-off, your boss will still have to pay you if your workplace is closed because of the snow; this also can’t be marked down as a holiday. However, they can request you work from home if you’re able to.

If you’re on a zero-hours contract or your employer has a contractual right to decline to offer you work at short notice, they may not have to pay you. Also, if there is an advance notice of bad weather, the employer could give prior notice to require employees to take their holiday or suggest work from home where applicable.

Is my employer liable if I slip on snow or ice at work?

Employers are required to maintain safe working conditions for employees so they may be liable if there’s an accident at work that could have been avoided.

If I’m on annual leave and my employer shuts my workplace for the day, do I still have to use my annual leave for that time, even though the business is shut?

This depends on your employer’s policy and whether employees are still expected to work while the business is shut. You may be able to “claim your holiday back” if everyone else is given a day off, but if other colleagues are expected to work from home or continue to attend appointments, then it’s less likely.

My child’s school is closed – can I take the day off work?

You are entitled to take a reasonable amount of emergency unpaid time off work to take care of your kids if there is an unexpected disruption in their normal care arrangements – the closure of a nursery or school would qualify as an emergency. However, this is not time off to look after the child, but to make alternative arrangements for their care instead.

Many employers are more flexible though in these circumstances and will allow employees to take holiday at short notice or, if appropriate, to work from home or make the time up.