What happens in your workplace when bad weather hits? Many employers are torn between concern for the safety and wellbeing of their employees, while also worrying about their business and productivity.
Here are some frequently asked questions and our answers to them:
Do employees have to attend work in bad weather?
Yes. Employees are obliged to attend work during bad weather unless their contract states otherwise. However, employers should obviously take a pragmatic approach if travel is genuinely unsafe or impossible. Employers have a duty of care and should not encourage attendance where doing so would put employees at risk.
Under Employment Rights Act 1996, a worker shouldn’t be punished for leaving or refusing to attend a workplace if they’re taking steps to protect themselves from what they believe to be serious or imminent danger. This includes travelling to work in bad weather if the worker feels it would be dangerous.
Do I have to pay employees who can’t work due to bad weather?
Generally, no. If the employee chooses not to attend work and can’t perform their duties remotely, this is usually treated as unpaid leave. That said, many employers exercise discretion by allowing homeworking, annual leave, time off in lieu, or paid leave to maintain employee relations and consistency.
What if schools close and employees have childcare issues?
Employees are entitled to a reasonable amount of unpaid time off to deal with unexpected childcare emergencies, such as sudden school closures. This leave is intended to allow employees to make alternative arrangements rather than provide ongoing childcare themselves. You can choose to have a policy that pays for unexpected time off to look after children, but this isn’t a legal entitlement. Many employers agree to temporary homeworking or the use of annual leave as a compromise solution.
What if employees are able make it into work but the weather makes it necessary to close the workplace?
If the employee is ready and willing to work, but you have closed the office, the default position is that pay should continue, unless the contract expressly allows otherwise (for example, via a lay-off or short-time working clause). Employers should also consider whether work can be carried out remotely and ensure decisions are applied consistently to minimise employee relations and legal risk.
Further reading
- Managing absence and returning to work – Acas
- Time off for family and dependants: Your rights – GOV.UK
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The team at Hunter Law is here for you. We can handle your HR issues, finesse your policies, and keep you up-to-date on evolving legislation. Please get in touch with our legal team, we’d love to help.
