Employees and Adverse Weather Conditions
So far this year (touch wood!) we have managed to avoid the poor weather of last winter. But given the weather forecasts that are circulating it is timely to provide you with a reminder of the law regarding employees and adverse weather conditions, together with some practical pointers:-
• You should remember that employees are not automatically entitled to pay if they cannot get to work because of bad weather. That said, adverse weather conditions are not that common and therefore you would need to balance this with staff morale and general commercial decisions.
• If you work in a business that, despite employees getting to work, they still cannot do anything because of the adverse weather, you would still need to pay them unless there is a lay off clause in your contract of employment and the relevant criteria are satisfied.
• If you can, be flexible. It may be that hours can be temporarily altered or some staff will agree to use holiday voluntarily (although you cannot force them to do so).
• In relation to child care, there is no right to payment, but the law does provide for the primary carer to take sufficient time off to organise alternative child care. As a practical point staff should plan ahead: for example, if advance notice of severe weather is given, arguably less unpaid time off for organising alternative child care would be appropriate.
• An employer cannot force staff to come in: some employees will and some won’t. Do not put undue pressure on employees to attend work given potential liabilities regarding accidents.
• In addition, give consideration to the actual nature of the work you do e.g. transport and logistics and whether or not and assess the risks of sending employees off site.
• Finally, think about the work place itself and access, and consider taking general low cost practical steps such as salting pathways and the like.
If you would like further information or advice regarding the matters raised within this article please contact John Turnbull by e mail to johnturnbull@stones-solicitors.co.uk or telephone 01392 666894
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