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Managing employees through severe weather

24/7 professional support for business, across employment law, HR, health and safety Amanda Chadwick Date: 10th December 2019 Run time: Approx 45 mins

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Please note…

The detail contained within this webinar is based on GB employment legislation. Clients in the jurisdictions of Northern Ireland, Republic of Ireland, Jersey, Guernsey and Isle of Man are asked to please contact the Advice Service to obtain the information relevant to your jurisdiction.

Objectives

To gain practical advice on:

• preparing for bad weather
• the legal implications of having to keep employees away

from work

• options to explore if employees cannot make it in
• deciding if it is necessary to close the workplace.

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Impact of bad weather

• Adverse weather can cause significant disruption to

business operations and affect staff’s ability to safely travel to work.

• Additionally, it can lead to the complete closure of a

workplace or the use of alternative places of work.

• Employers should not expect employees to go to lengths

which could be dangerous in order to make it into work.

Having an unusual or unexplained absence policy

• Many employers maintain a policy to outline how they

will respond in situations where employees cannot be in work due to bad weather.

• The policy can outline the procedure for notification and

what alternative working options are available to employees in these circumstances.

• It could also specify where an alternative place of work

can be found, if one is to be used.

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When bad weather is expected

• Employers could distribute a notification to employees

warning them of the expected bad weather and that they should bear this in mind when travelling into work.

• For example, they may be encouraged to consider

alternative modes of travel and provide themselves more time to get in.

• Employees should also be reminded of any policy in place

concerning absence due to bad weather.

Scotland Severe Weather – Fair Work Charter

• Charter to provide a set of guiding principles for employers

in this situation.

• It provides practical advice on a number of areas, including

considerations for safe travel, how weather warnings should be issued and encouragement of home working if necessary.

• Although voluntary, Scottish companies may be asked by

current or prospective employees whether they have adopted the charter and could be ‘named and shamed’.

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Closing the building

• Employers may be in the position to send employees to

another branch/ alternative location previously established in times of emergency.

• They should incorporate a mobility clause into contracts of

employment that outlines employees may need to work at alternative locations in certain circumstances.

• Without a clause, employers are still able to ask employees

to work elsewhere provided this is reasonable.

Laying off employees

• If the building is shut and work cannot therefore be

provided to the workforce, they are technically being placed

• n lay-off.
• This should be at full pay unless there is an unpaid lay-off

clause in their contract.

• If there is a clause, employers will not need to pay them at

full pay but they may be entitled to statutory guarantee pay.

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If an employee cannot make it into work

• Staff are expected to make every reasonable effort to get to work.
• If they do not make it in, unless their contract says otherwise,

there is no legal requirement on the employer to pay them.

• This is also true if the employee is late for work as a result of the

weather.

• Employers reserve the right to treat this as unauthorised absence

– but they should consider the harshness of doing so.

Options to explore when an employee is absent

• Pay the employee for the day as normal
• Consider the time unpaid leave
• Allow the time to be taken as annual leave
• Permit employee to use time banked off in lieu

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Options to explore when an employee is absent

• Allow employee to work from home (if possible)
• Direct the employee to an alternative location more

accessible to them

• Instruct employee to make up the time on return to work

What the employer should do

• Inform the employee of what they will be expected to do

(as outlined on the previous slide).

• Hold a back to work meeting on their return to discuss

their absence in more detail.

• Consider implementing a usual disciplinary process if

they have reason to suspect the employee has not been truthful, but tread carefully!

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School closures

• There may be times when an employee can travel to

work but does not do as their children’s school has been shut due to the weather.

• Alternatively, it may be that the bad weather has caused

previous caring arrangements to break down.

• Remember that all employees have a statutory right to

‘time off for dependants’ in these situations.

Closing the workplace early

• Keeping the workplace open during bad weather may cause

a risk to health and safety, especially if the weather worsens.

• A designated member of staff should be allocated

responsibility to review the impact of severe weather and assess if the building should be closed early.

• Any loss of working time as a result of this decision should

not impact upon pay.

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• ‘How to’ guide on managing staff absence and unauthorised

absence

• Model severe weather policy
• Flowchart for deciding pay when bad weather affects work
• Employment law resource on lay-off and short-time working
• Employment law resource on statutory guarantee pay
• Employment law resource on time off for dependants

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