Severe weather can cause headaches for employers and employees alike, with events such as the “Big Freeze” in 2010; hurricane winds in 2011 and severe flooding in 2013 appearing to be occurring more frequently. Advice is regularly issued to commuters to take precautions such as putting a shovel in the car or having supplies of food. In the workplace, as in your own winter travel arrangements, it is advisable to be prepared on key issues such as business continuity and employee absence.
In adverse weather, business continuity will be an important consideration. Having a policy on adverse weather and travel disruption can ensure consistency of approach within the business, set out clear guidelines on what is expected and ensure all employees are aware of their responsibilities.
Such a policy may set out general arrangements for business continuity, such as:
- In what circumstances the business may have to close;
- What happens if the workplace has to be closed;
- How employees will be informed of any closures or alternative arrangements;
- Provision for home working or alternative work locations;
- Any provision for flexible arrangements such as late starts or early finishes and how these would be authorised; and
- Expectations for staff with regards to attendance and what the consequences may be for those who make no reasonable efforts.
It is also recommended to have a policy setting out guidelines for how employees will be paid where there attendance at work is affected. They must be paid where the workplace is closed, but the situation is more difficult where the employee cannot attend. There is no statutory right for an employee to be paid if they do not attend work, but there are a number of practical considerations which may make payment a good option. The key question for employers therefore is whether they should pay and, if so, on what basis.
Non-payment becomes a bone of contention for employees when the reason for their absence is being physically unable to attend due to transport disruption or severe weather conditions. A refusal to pay at all may cause resentment, particularly as some employees will go to great lengths to attempt to get to work in severe weather and may feel hard done by if they are not paid despite having tried and failed to attend through no fault of their own.
On the other hand, those who do make it in may feel aggrieved those who have not bothered are paid anyway. A policy of paying everyone may therefore act as a disincentive to such employees if they feel their efforts are not recognised or appreciated. However, having empathy for employees and allowing for some form of payment can boost staff morale. Both ACAS and the CIPD encourage a flexible approach rather than a flat refusal to pay employees who do not turn up.
There are a number of options which may be considered for paying staff who cannot get in to work:
- Take the day as annual leave: this would need to be the employee’s choice or done with their consent, as forcing staff to take annual leave requires notice and may also cause difficulties if the entitlement is already used for the year.
- Time limited paid leave: a policy of paying for absence in emergencies, such as adverse weather, on a limited basis. For example, payment will be made for a maximum of three days in the year. This could be subject to a manager being satisfied the employee made a genuine effort to attend.
- Requiring lost time to be made up: paying employees for the day but requiring them to make up the lost hours at another time.
Regard should also be given to employees using their right to take time off for dependents where they need to make arrangements for childcare during school closures. This is not paid leave, but if there is a company policy of paying for such leave, consideration should be given to allowing similar treatment for employees who do not have children but are also affected by adverse weather.
As an early festive gift to help plan your approach to absences caused by adverse weather and travel disruption, we will send a free copy of our Adverse Weather and Travel Disruption Policy to all those subscribed to the employment blog on our website. If you are not already subscribed please follow this link and email This email address is being protected from spambots. You need JavaScript enabled to view it. to confirm.
Should your business be affected by issues over the winter period we are on hand to provide advice and assistance.
