Snow Is Falling All Around Me: Do I Really Have To Go To Work?
With several yellow weather warnings issued in Yorkshire in recent weeks, one of the biggest questions facing employers and HR teams, as well as employees, is whether workers are required to attend work when adverse weather and snow hits?
It’s also a common query for the team at LCF Works, which is leading Harrogate law firm, LCF Law’s expert employment law and HR advice package that assists companies with employment issues providing unlimited advice, training and documentation, as well as support with drafting and implementing policies and procedures.
Employment law advisor, Brendan Bah, from LCF Law and LCF Works, explained: “Employers have a duty of care to ensure the health, safety and wellbeing of their employees. When severe weather hits, employers must decide whether employees need to travel if authorities have advised against it, as well as being mindful of employees’ journeys home, especially if the weather worsens during the day or transport is impacted.
“If the Met Office issues a severe weather warning, insisting employees travel to work could put employers in breach of their duty of care, even if some staff live nearby. If a workplace must close due to the weather, employees should be paid their normal salaries unless there is a clause in their contracts covering this scenario. Employers can ask staff to work from home or another workplace if possible. However, they cannot insist that staff take the time off as annual leave.
“Unless there is a contractual entitlement or a policy that states otherwise, employees are not usually entitled to be paid if they are unable to attend work due to adverse weather, although many employers do. Whatever approach employers take, it should be applied consistently and communicated clearly to all staff. Crucially, rather than defaulting to unpaid leave, there are several other options available, including working from home or another suitable location, if it’s an option for the role.
“Employees might decide to take the time off as annual leave, but this has to be their decision, or they could make the time up by working additional hours over the coming days or weeks. Offering flexible start times will also allow employees to travel later in the day when conditions improve.
“Employees also have a statutory right to take ‘dependants leave’ which provides reasonable time off work to deal with unexpected events involving a dependant, such as looking after a child if a school or nursery closes because of the weather. Although there is no specific definition of how long ‘reasonable’ time is, the right is to take time off to make longer term arrangements to cover care needs.
“Dependants leave is there to cover unexpected events and should not be used where there is prior knowledge of an event. Any leave taken under this right should not be refused, although it can be unpaid.”
Finally, Brendan added: “Where employers believe employees are abusing the system, such as not making a reasonable effort to attend work or being dishonest about travel disruptions or childcare issues, then disciplinary action can be taken.
“Employers should set clear expectations with a weather disruption policy. It’s important to communicate the decision-making process clearly, establish how employees should report travel difficulties and always be consistent in how different employees are treated.”
LCF Works typically appeals to employers that either don’t have a dedicated in-house HR provision or have a small HR team where expert legal advice is sometimes required. Its standard package starts from £200+VAT per month, which includes a consultation to get to know the business and discuss any immediate issues, unlimited phone and email support, further in-person advice at LCF Law’s offices when necessary, a regular email newsletter and invitations to free seminars and mock tribunals.
LCF Law is an award-winning full-service law firm, which operates regionally, nationally and internationally, with over 145 people across offices in Leeds, Bradford, Harrogate and Ilkley.
