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What happens when people don’t turn up for work because of bad weather?

In bad weather, sensible people have a plan to cope. Employees might be asked to work from home, or to work from another workplace. But what are the rights and wrongs affecting employers and employees?
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21 January 2013

The law is a blunt instrument in this area – a little common sense is called for if getting to work is difficult because of poor weather conditions

THE current wintry weather has affected most parts of the country.

While dire predictions of Arctic temperatures and blizzard conditions have generally not been realized, the recent snowfalls have created their own issues about getting to work.

There has been disruption to travel, and in some parts of the country, schools have been closed.

So if workers are prevented from getting into work because of bad weather, what are the rights and wrongs?

Are employees entitled to be paid if bad weather prevents them getting to work?

No. There is no legal right for an employer to pay for travel delays unless travel is included as part of the working day or the employer provides the transport.

In reality, most employers will have either contractual or ‘custom and practice’ arrangements in place. This might include working at a different location, making up the lost time on another occasion, or working from home.

Can employees be obliged to take paid holiday if the weather stops them getting to work?

Yes, but it’s not that straightforward. Employers are required to give a notice period that is twice the length of the leave. So if an employer expects employees to take a day’s leave, the employer must give 2 days notice.

But that doesn’t apply if an employee gets more than the statutory minimum of annual leave (28 days including public holidays). In this case, an employer can impose leave without notice.

Can an employer force an employee to take unpaid leave?

Only if it’s written into the contract of employment, otherwise an employer needs the employee’s permission to deduct pay.

What happens if schools close and parents have to stay at home to look after children?

An employee is entitled to take unpaid time off to care for dependents in an emergency.

What happens if the workplace is closed?

If bad weather forces the closure of the workplace then employees are entitled to be paid as usual. Nor can an employer require employees to take time off as part of their annual leave.

However employees may be expected to work from home, or to report to another workplace.

What’s an employer’s duty of care in the event of bad weather?

If weather warnings have been issued and the police or local authorities are advising people only to travel if it’s essential, employers have a duty of care towards employees not to apply undue pressure if that puts them at risk.

And that includes business car law surrounding driving for business. Employers must consider the welfare of their drivers on the road, but also have a duty of care to those people who may be affected by their business – in other words, those other drivers on the road.

Underpinning all this is the obvious need for a little common sense. Many people can put in a constructive day’s work at home, and it will make sense for employers and employees to reach amicable agreements to allow this to happen.

For people who can’t work at home, a combination of paid and unpaid leave, and a commitment to make up lost time should all be used. In the end, safety is no accident. 

Editor’s note: this information is necessarily general. Don’t rely on it for making crucial decisions and consult a professional if you have a dispute on your hands.

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Matt Morton

Matt Morton

Matt Morton is an automotive content writer for Business Car Manager

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