As the first cold snap of the winter embraces the country, bringing a flurry of snowfall to many areas, we’ve started to hear from employers who are concerned about their responsibilities to employees impacted by adverse weather and what procedures they should have in place to prepare for heavy snow. Here is our initial advice for employers on a range of snow related topics.
With staff arriving later than usual, potential early closures to allow staff to travel home safely, and staff sometimes being unable to make it into the office at all due to lack of public transport or dangerous driving conditions, the accumulated loss of labour hours has a substantial impact on businesses.
The fact is that snowy and icy conditions can incur heavy costs in staff absences. Estimates of the cost to the economy vary, but if between 10% and 20% of the UK workforce have been affected by the recent weather, it will cost the economy up to £1 billion per day and there have been warnings of more bad weather to come.
What Happens if an Employee Cannot Make it Into Work Due to Snow?
With the recent movement towards flexible working for many office-based employees, a snow day for many can now just mean an added day working from home, with minimal disruption to the working day. However, there are many roles where this is simply not an option.
If employees cannot make it into work due to the conditions, it could be possible for employers to deduct pay. However, in most cases, this is unlikely to be the most appropriate course of action.
Unless an employee’s contract of employment stipulates the situation regarding deduction of pay for days that they are unable to attend the office, any non-payment for ‘snow days’ could be considered an unlawful breach of employment contract.
Importantly, employers also have a duty of care to their employees and, should employees be forced to travel into work in dangerous conditions (or elsewhere on work related businesses) under the threat of pay being deducted, it is possible that employers could be considered in breach of that duty of care.
Employers need to be clear and consistent about their policy regarding staff absences due to poor weather conditions. This should include guidelines regarding working from home and/or flexible working hours during periods of bad weather.
Another option might be to allow employees to use the annual holiday entitlement for days that they cannot attend work, but this will need to be agreed by both the employee and employer.
Ultimately, employers need to be sensible and pragmatic; it is most probably the case that employees are as frustrated by the snow as their employers!
Minimum Workplace Temperature
Another question we’re often asked during periods of adverse weather is “is there a minimum (or maximum) workplace temperature requirement?”. The simple answer is no, but employers are required to provide and maintain a safe working environment. For workplaces where the nature of the work done is fairly inactive or deskbound, the Health and Safety Executive recommends a minimum temperature of 16C, while for a workplace where manual work is taking place, it recommends a minimum temperature of 13C.
Closing the Workplace
If snow or adverse weather causes you to have to close the workplace and you don’t have a specific provision in your employment contracts to allow for unpaid lay-off, you will need to continue to pay your employees. You can’t make these days as annual leave.
If employees are already on annual leave and the business is forced to close, leaving employees unable to work, the employees on annual leave may request to claim back their holiday leave. Whether you have to grant this or not will depend on any clauses contained in the annual leave policy.
Where there is advanced notice of adverse weather, you may wish to request your employees take their annual leave or arrange flexible working where possible.
Childcare Responsibilities
If an employee’s child’s school has been forced to close due to the weather causing them unexpected disruption in their normal childcare arrangements, they are entitled to a reasonable amount of emergency unpaid leave. This unpaid leave is intended to allow them to make alternative arrangements for the care of their child/children, not specifically to care for them themselves.
It is advisable to be flexible with employees and work with them to find a solution in these circumstances; whether that’s allowing them to take a short notice annual leave day, work from home, amend their working hours, or make up the time another day.
Contact an Employment Solicitor
If you’re an employer experiencing snow related employment disputes and would like some advice, we’re here to help. Also, if your business is considering a poor weather conditions policy or would like an audit done on your staff contracts to ensure they cover the necessary information regarding adverse weather procedures, get in touch with Farleys’ employment law solicitors on 0845 287 0939 or email us today.
