Travel disruption can sometimes affect an employee’s ability to get to work on time or on some occasions the employee may not get to work at all. These situations can arise from circumstances ranging from train strikes to disruption caused by severe weather.
So, the question is, how does this effect and impact on employers and employees and what can be done about it?
Employer Responsibilities During Winter Weather
Travel disruptions
Legally, there is no right for employees to be paid by their employer for travel disruptions. However, employees may have contractual or custom practice arrangements in place whereby employees do get paid when they do not attend work due to travel disruption.
Employers, therefore, need to look at their staff handbooks or the employees’ contracts of employment to establish if employees can be paid when there is non-attendance at work due to travel disruption.
School and work closures
If an employee’s child’s school is closed due to adverse weather conditions, the employee is entitled to take a ‘reasonable’ amount of unpaid time off to look after their child, depending on their circumstances.
If a workplace is closed due to severe weather and the employee usually works at the place of work, employers must pay their employees their normal pay.
Employers should be flexible where possible
Employers being more flexible towards employees during travel disruption can have a positive impact on staff morale and productivity. Employers can also enquire with employees if they wish to take paid holiday instead, as long as the correct notice for this is given.
Employers should deal with matters fairly
If an employer is affected by an employee not attending work due to travel disruption, it should ensure that any measures which are subsequently carried out in relation to this are fair. This will result in better employment relations with employees and may prevent them from making applications to an Employment Tribunal.
Employers should plan ahead
If an employer does not have a policy in place in respect of travel disruption, it should introduce an adverse weather or travel disruption policy. The policy should deal with the steps an employee has to take if they cannot attend work due to travel disruption and will also confirm if the employee would be paid if they do not attend work or are late due to the disruption.
How Can Nelsons Help?
For more employer legal advice or to comment on this article please contact Laura Kearsley, one of our employment law specialists, on 0800 024 1976 or via our online form.