Breaking News - Adverse Weather Bulletin
When too much snow means no-go
The current cold snap, which has seen the whole of Britain
covered in snow, shows no sign of abating, with forecasters warning
of another week to ten days of similar conditions.
Conditions vary across the country depending on the terrain and
whether there has been recent snowfall. Businesses are affected in
different ways, depending on: the amount of snow, their location,
where their workforce lives, whether their workforce has caring
responsibilities, and the work they do.
In this Adverse Weather Bulletin our Employment
Law Team tries to answer some of the most-asked questions we are
getting as a result of the snow – but we recognise that no two
employers will face exactly the same situation, so remember that
further, specific, advice is always available from our 24 hour
Advice Service on 0800 634 7000.
Too "snowed under" to read all our Q and A's? - our
advice in three bullet points is:
- Be reasonable in your dealings with employees;
- Call our Advice service if you need help or guidance;
- Consider how you can use problems raised by the bad conditions
to improve your business for the future.
Q. Our local area has been badly
affected by the recent snowfalls. What happens if my staff are
unable to get themselves into work – do I have to pay
them?
A. No. If your employees are unable to get
themselves into work (for whatever reason) then you are not legally
obliged to pay them.
However, you could consider alternatives, such as temporary home
working or asking staff to take part of their paid holiday
entitlement. For further information, see below.
Q. Is this sort of absence a
disciplinary matter?
A. A reasonable employer would normally count
such absence as "authorised absence", if the employee has 'phoned
in to inform the employer that he/she is unable to attend work, and
so it is not a disciplinary matter.
Employers should also bear in mind that different employees may
have different circumstances – perhaps a long commute or living in
a particularly snowbound area. For this reason it is impossible to
make a general rule about taking disciplinary action against those
who do not get into work just because some employees do make it
into work.
Disciplinary action would only be appropriate if you have good
reason to believe the employee is being untruthful about the snow
being the reason for not attending work, or to reinforce the
message that employees must notify you of their absence if they
have not done so.
Q. Can I make staff
take holidays from their annual holiday entitlement if they don't
turn up for work?
A. You could only insist on this if you have a
condition in employees' contracts of employment allowing you to do
so. In any case, it might not be a good idea for employees to use
much of their annual holiday entitlement so early in the year, if
your holiday year starts in January.
Q. What if the local school is closed
and some staff have to stay at home with their children even if
they could get into work?
A. Again, there is no obligation to pay staff
who are absent on this basis.
It is also a tricky area as the basis for taking any sort of
disciplinary action. Under the law, all employees do have the
right to unpaid "time off for dependants", and this would also
include a situation where a member of staff has to take time off to
assist an elderly relative, for example. However, such time off
should be no longer than what is required to deal with the
immediate emergency – normally one or two days would be
appropriate.
Where the weather causes extended school closures, there is no
definite rule that says parents have the "right" to time off work
to look after children. Some will find it easier than others to
make other arrangements - perhaps by using relatives to look after
their children. In dealing with such situations, employers must act
reasonably, and it is not advisable to pursue disciplinary action
in cases where an employee's absence is cased by a school
closure.
Q. Do I have to pay my staff if I
cannot provide them with any work?
A. In general – yes you do, and at their
normal rate of pay.
In some cases, employees can be "laid off" without normal pay if
there is a specific term in their contract allowing the employer to
do this.
When employees are laid off in this way, they are entitled to a
statutory payment from the employer called a "Guarantee Payment".
The current rate is a maximum of £21.50 per day. Payment is limited
to a maximum of five days in any period of three months. An
employee must have completed one month's continuous employment in
order to qualify for a Guarantee Payment.
On days on which a Guarantee Payment is not payable, employees
may be able to claim Jobseekers' Allowance and employees should
contact their local Jobcentre to see if they qualify.
Q. I've heard some
employers ask their staff to work from home in bad weather – can I
do this?
A. Working from home is much more common than
it was even five or six years ago, thanks to new technology. Some
employers have staff who are permanently home-based. However, the
issues are more complex with staff who normally work at the
employer's premises – and, of course, not all work is suitable for
home-working.
In the very short term, it is likely to be reasonable to ask
staff who can do some work from home to do so - for example if they
have a laptop computer or telephone and are able to get some work
done away from the office. Equally, if it is the employee who
asks to work from home for a few days, this might be a reasonable
request. In this way, employees would avoid losing pay for days
they cannot get in to work.
However, employees who don't work regularly from home are
unlikely to have the infrastructure available to allow them to work
efficiently or safely – such things as internet connections, desk
space, and material to work on.
Employers also need to consider the health, safety and security
implications of having staff working at home, as well as
supervision arrangements. Again, what is reasonable in the short
term might not be appropriate for a longer-term arrangement.
In the long term, where the nature of the work allows it,
employers and staff might consider reviewing working arrangements
to allow for permanent or occasional home working – this might
benefit both the employee (greater flexibility and less time and
expense commuting) and the employer (saving office costs and
allowing for business to continue in severe weather
conditions).
Q. Due to the weather, my business is
unlikely to be busy and I don't need my staff working full time, is
there anything I can do?
A. For most employers, if the employees report
for work, there is little you can do. It might be possible to agree
that the employees take some holiday, but employers cannot insist
on this unless the employee's contract provides for this to
happen.
In some cases, an employer might be able to impose "short-time
working" (a temporary reduction of working hours) but only provided
there is a specific contractual right to do this. This might be
contained in an agreement with a trade union representing the
workers, or in their contracts of employment.
Q. As a result of the
weather, my business has been so badly affected that I will have no
option but to close the business permanently. What are the
implications of this for my employees?
A. This will be a redundancy situation, and
you will have to make redundancy payments to all staff with more
than two years' service. In addition, staff will be entitled to
receive pay for their notice period.
Although closure of a business is a genuine redundancy
situation, the law about the procedure to follow, and the amount of
payments due is complex and can lead to claims for Unfair Dismissal
and compensation if you get it wrong. Even if you are only
considering redundancies as a possible option, you should call our
24 hour Advice Service as soon as possible to discuss the procedure
and the financial implications.
Q. How can I protect and improve my
business in case something like this happens again?
A. The weather conditions highlight the
importance and relevance of employment law and employment practices
and their impact on your business. Following your experience in the
adverse conditions, you might want to review your employees' terms
and conditions of employment to help with business continuity and
flexibility.
As well as advising you on the law – what you must and must not
do – our Employment Law team can help you with planning for the
future, perhaps by considering flexible and home working
arrangements. Speak to a member of our Employment Law team for
further information.
Please read legal information.