Adverse Weather Conditions and Pay
Q. If my employees say they cannot get to work because of the snow. Can we pay them only for the work they do?
Although it is correct that very few jobs have clauses explicitly setting out an employer's right to deduct salary when employees do not attend work because of adverse weather, the law provides a little guidance.
Some Employers may fear that a few employees may abuse an invitation to stay at home if the weather conditions are poor. There are bound to be variations in the efforts employees make to get into work. Where some employees are making efforts to come into work and others in the same street are not, clearly there is some potential for workforce morale to suffer.
The law on employees' and employers' obligations depend almost as much on what is understood but unwritten as what is written in contracts. What is understood and not written down is known as implied obligations. These determine aspects of the employment relationship such as trust and confidence, the obligation of an employee to do the work his employer provides as long as he is fit and able and goodwill on both sides. There is no law which implies an entitlement to be paid when one does not work even in when there is an "act of God" or "Force Majeure". Therefore, an employee who does not attend work and later claims he could not attend should not expect to be paid automatically unless there is a specific clause which sets out that entitlement.
The simple guidance for employees is try your best to get into work, communicate openly with your employer and perhaps a reasonable compromise can be reached in which either holiday is negotiated, part payment or time off in lieu is accepted. Be prepared however, not to be paid if you decide simply to stay at home making no effort to get into work.
For employers, the guidance is equally simple; appreciate those who make the effort, and investigate why others have not. Consider the difficulties that employees face in getting into work, offer flexible working options including inviting employees to take work home (if that is possible) and permit them to work from there. Compromise with how much time off is paid and unpaid. Such behaviour is appreciated by staff who are probably your biggest and most important asset. If staff simply refuse to attend work or say they are unable to attend, their entitlement is only to be paid for the work they do.
For more information on employment law matters please contact one of our employment law advisors or call 01392 666777.
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