When it rains, it pours! Dealing with inclement weather as an employer

As the winter months draw in, Britain has already experienced its first flurry of snow and the arrival of Storm Bert, bringing flooding and travel disruptions.

The recent wintry weather has left employers feeling as though they’re on thin ice when it comes to protecting their employees’ safety. Here are some key considerations for employers when determining their obligations during such times.

Where the employees make themselves available for work

Winter brings festive cheer, season’s greetings… and a host of weather-related challenges. Frozen or burst water pipes, flooded offices, power outages, and storms halting construction sites are just a few examples. So, what are an employer’s rights and obligations in these situations?

If an employee has made the effort to travel to work or is ready and willing to make the journey, only to find the workplace closed, the employer would generally be required to compensate the employee in full for that day. The reasoning here is that the employer has failed to meet its contractual obligation to provide work.

This principle also applies if the employer decides to close early or send employees home. Employers could consult with employees to see if they’re willing to take the time as annual leave, but this can’t be enforced unless the correct notification requirements have been met. Another option to consider is invoking temporary layoff or short-time working provisions if these are outlined in the employee’s contract.

Where the employee is unable to attend work due to disruptive weather

High levels of absenteeism are a recurring issue during wintry weather, often caused by impassable or icy roads, train cancellations, and similar disruptions.

If the workplace remains open, but the employee is unable to attend, arrives late, or leaves early, the employer is generally not obligated to pay for the absence. Employers could allow employees to work from home if their role permits it or discuss options like using annual leave or taking the time unpaid.

However, if the employee cannot attend work because of the weather and the business is forced to close, the employer should maintain full payment for the employee. This is because the employer is unable to provide work unless contractual layoff provisions are in place.

Health and safety considerations

Some employees may argue that commuting to work during extreme weather conditions is impractical or too dangerous. In such cases, it may be unreasonable for the employer to require the employee to take unpaid time off.

Employers should exercise common sense and consider factors such as:

• The nature of the commute.
• The severity of the weather.
• Government travel advice.

For example, if an employee lives just around the corner, the employer could reasonably expect them to attend work. However, if an employee lives in a remote farmhouse with unpaved roads, the commute might be deemed too dangerous.

In such situations, employers and employees might agree to:

• Use annual leave.
• Work the time back later.
• Adjust shifts to allow for safer travel times.
• Work from home if feasible.

Both parties should assess the situation together and take all circumstances into account, ensuring safety remains a priority.

Temporary layoff and short-time working

Some employers include provisions in their employment contracts for temporary layoff or short-time working in situations where there is a temporary shortage of work. This can be applied during inclement weather if the workplace cannot open until conditions improve.

If this provision is included in the employee’s contract, the employee is not entitled to full payment for the layoff period but may be eligible for Statutory Guarantee Pay (SGP). This is payable for each workless day for up to one working week in a three-month period.

In conclusion

It’s essential for employers to be fully aware of their obligations before taking action. Where employers believe they are not obliged to compensate employees for missed workdays, they should communicate clearly with the affected individuals to reach a mutually agreeable solution.

By considering safety, fairness, and contractual obligations, employers can navigate the challenges of inclement weather with confidence and care.