As we continue to be hit by one storm after another, the winter weather causes chaos on the roads, public transportation delays and school closures, all of which impact your employees and the workplace.
Here’s a brief guide to address common issues:
1. Safe commuting to work
As an employer, you aren’t legally responsible for your employees’ commutes, but you also don’t want to force your staff to travel in hazardous conditions. If you feel tempted to do so, remember this could breach the implied duty of trust, risking constructive dismissal claims. We’d recommend putting safety first and offering the option to work from home, flex their hours, or take holiday leave.
2. Find the perfect temperature
The Workplace (Health, Safety, and Welfare) Regulations 1992 require a ‘reasonable’ temperature, ideally 16°C (13°C for physical work). Employers should monitor conditions, relax uniform policies, and provide suitable heating to maintain comfort.
3. Handling office closures
If you have to close the office due to severe weather, employees ready to work should generally be paid unless their contracts specify otherwise. Employers can consider options like remote work or lay-offs (if contracts allow). Employees who are laid-off receive statutory guarantee pay (£38 per day) rather than full pay.
4. How to manage school closures
Employees needing to care for children during short term school closures are entitled to unpaid time off under the right to time off for dependants. Some employers offer this as a paid benefit, so policies should be checked.
5. What if employees are stuck at home?
If employees can’t reach work due to weather, remote work or suggesting that employees take the day as holiday may be viable solutions. Whether it would be lawful to deduct from pay if an employee is unable to get to work owing to bad weather is unclear. Arguably, they are not ‘able’ to work so aren’t entitled to pay, but there is case law support for the fact that, if the reason an employee can’t work is an ‘unavoidable impediment’, then they shouldn’t have their wages docked. It is not known if bad weather would be regarded as an ‘unavoidable impediment’.
You won’t be surprised to hear us say that it’s a good idea to have a policy in place that outlines what your expectations are in the event of adverse weather. A well-worded policy will clarify your approach, ensuring clear communication and proactive planning so you can handle whatever the weather throws at you.
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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.
