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Snow news is good news

With most business affected by snow and ice over the last few weeks we have had numerous calls to our helpline about handling lateness, absence and related issues as a result of the poor weather. The weather affects everyone differently and many different factors need to be considered. 

To pay or not to pay

It is a basic principle that and employer need only pay an employee for work that they undertake, subject to any agreement to the contrary. It is usually the case that it is for the employee to get to and from the workplace regardless of the severity of the weather conditions. If the employer is contractually bound to provide transport into work then the employee would be entitled to payment for the missed day. Where the employee’s usual mode of transport is affected they should attempt to travel by other safe means.

Should the employee be contractually bound to work from home or have been given the option to work from home, then the employer would be bound to pay them for the time worked.

Discretionary payments could be made but these should be applied consistently to all to avoid allegations of unfairness or even discrimination. If made we suggest that employers make it clear that it is a one off and may not be repeated, therefore avoiding setting a precedent.

Some employee’s may make it in, albeit later than contracted, again the employer may decide that this is overlooked or enforce it as a period of unpaid leave.

In any event all employees who are either late or unable to attend work should follow the employer’s reporting procedures as failing to do so could render the absence unauthorised and lead to disciplinary action.

‘It’s a snow holiday’

Where employees are faced with the prospect of unplanned unpaid work an employer may consider relaxing their usual holiday request procedures and allow the absence to be taken as a period of paid annual leave. However, if the employer wishes to try and enforce this they should first check their contracts and any other relevant or collective agreements to check for the appropriate notice procedures.

In the absence of such notice provisions in the employment contract, the Working Time Regulations require the employer to specify the day or days on which enforced holiday leave is required to be taken and give to the employee a period of notice before the holiday’s commencement of at least twice the length of the holiday to be taken.  However employers should understand that enforcing holiday may have a negative impact on morale and PR.

"But others made it in"

There will be times where somebody will make it in when others in the same area do not and we advise that questions are asked as to that individual’s particular circumstances to ensure that they have made a reasonable effort to attend work. Failure to do so could be a breach of contract on their part and result in disciplinary action.

School closures are ‘snow joke’

Throughout this period of bad weather there have been numerous school closures forcing parents to unexpectedly care for children or other dependants and these absences should be dealt with under the correct procedures.

All employees have the right take a reasonable amount of time off work to deal with the unexpected disruption or termination of care arrangements involving dependants (spouse, child, parent and some others will qualify). Whether this is paid or unpaid will depend on the businesses' policy and procedures. It is good practice for an employer to enquire about efforts the employee has made to find alternative childcare and clearly identify reporting procedures for the forthcoming days. This right covers emergency time off only so the employee should seek alternative care arrangements for the dependant. Individual circumstances should always be considered when assessing what is ‘reasonable time off’ as each employee is different.

Some employees may be entitled to parental leave whether they have a child under five (or a disabled child under 18). This right allows up to 13 weeks' unpaid parental leave for caring for that child that must be taken in blocks of at least one week (subject to a maximum of 4 weeks per year).

The usual notice period of twenty-one days' that an employee must give to invoke the right may be followed strictly but some employers may choose to relax this to allow leave to be taken sooner.  

As with all HR issues it is advisable to have clear policies and procedures in place to ensure all employees are aware of the rules to be followed.

"All employees must attend work"

This is a statement that could easily get an employer into trouble as should the employee suffer an injury on the way into work after they have said they can’t attend, personal injury claims and possible employment claims could result from any unfair practice which place an employee at risk.

It’s too cold in here.

At this time of year many employees complain that their workplace is too cold, however the Workplace (Health, Safety and Welfare) Regulations 1992 only states that during working hours the temperature in all workplaces inside buildings shall be reasonable. It does not state a minimum workplace temperature and all factors would be considered when assessing reasonableness. The Health and Safety Executive has released guidance on this and recommends a minimum temperature of 16°C for workplaces where a worker’s role is inactive such as offices, and 13°C for workplaces where the workers’ role involves physical effort. Again this will depend on all surrounding factors. 

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