Recent years have shown us that dealing with the annual "big freeze" and the disruption that it brings is something that we're all going to have to get used to.
With this winter set for an even bigger freeze than last year, how should businesses deal with employees who are unable to attend work due to the weather?
The main issue is whether employees who fail to attend work because of the weather are entitled to be paid. It's generally considered that, unless there's a contractual provision that says otherwise, employers are not obliged to pay employees for any time that they don't attend work. Certainly that would be the case for casual workers or hourly-paid employees – unless they turn up to work, they have no right to their wages.
However, the issue is less clear when it comes to salaried staff. Unlike hourly-paid employees who actually have to work to receive payment, salaried staff only have to be "ready and willing" to work to be paid. They may well be ready and willing, but the weather makes it impossible for them to attend work.
There are a number of cases that suggest that, in such circumstances, salaried staff should still be paid unless the employer has a contractual right not to pay the employee. Employers should therefore tread carefully in such cases.
In practice, businesses may decide to pay employees unable to attend in any event. Certainly this generates an element of goodwill and boosts morale.
Some businesses may decide that, if an employee cannot attend work due to the weather on any given day, it should be taken as annual leave. This can, however, create difficulties if the employee has already exhausted their annual leave entitlement.
Further, the employer will also need to get the employee to agree to this as the Working Time Regulations require employees to be given sufficient notice if employers want to force them to take specific days as annual leave.
In circumstances in which the weather makes it difficult for employees to attend work, employers should look to be as flexible as possible. For example, if an employee is able to work from home, this could be encouraged. The employer's approach should also be consistent from one employee to the next to minimise the risk of accusations of discrimination.
Should you have any queries on the issues raised above or on any other employment matters, please contact the Harrison Clark employment team on 01905 612001. For more information about the employment team please click here.
Readers are advised to take specific legal advice before acting or relying upon the above legal summary. Harrison Clark cannot accept responsibility for any loss or damage caused to any person relying on any statement or omission in this publication.
Should you require further information and assistance please contact Richard Green, Head of the Employment Department, on 01905 744892 or email rgreen@harrison-clark.co.uk