Adverse Weather
Workplace Disruption Due To Adverse Weather
Adverse weather can disrupt businesses with little warning. Snow, flooding, storms and ice can create health and safety concerns, prevent employees from attending work and lead to childcare difficulties caused by school and nursery closures. Having a clear Adverse Weather Policy helps employers respond consistently whilst managing employee expectations regarding attendance, absence reporting and pay.
Cold Weather And Workplace Temperatures
In cold weather, even indoor working environments can face temperature issues. The Workplace (Health, Safety and Welfare) Regulations 1992 put an obligation under law for employers to maintain a “reasonable” temperature in the workplace; suggested by the Health and Safety Executive to be at least 16 C (or 13 C where the job involves significant physical exertion). Make sure that workplace temperatures are monitored regularly during cold spells. Consider relaxing any uniform policy to allow employees to wear warmer clothes where possible.
Employers should not only consider employees’ ability to travel safely but also whether the workplace remains safe and comfortable for those who attend work.
My Top Tips For Dealing With Workplace Disruption Due To Adverse Weather
This post considers the legal obligations and provides practical guidance on how lost time can be recorded and when it is appropriate to with-hold pay when employees are unable to attend work, or you decide to close your business, or part of it, due to the adverse weather.
Getting To Work
Although health and safety obligations do not generally extend to an employee’s commute, it is important to consider the risks posed to employees commuting in adverse weather conditions. Forcing an employee to make their way into work during bad weather could amount to a breach of the implied duty of trust and confidence. This could risk constructive dismissal claims if the employee resigns in response. More widely, it is a matter of good employment relations that employee’s safety and comfort is taken into consideration. In all cases, consider whether alternatives to workplace attendance are available. This might include working from home, swapping days in the office for those who work flexibly and offering the opportunity to take holiday.
Dealing With Lateness
As a general rule employees must be ready and willing to perform their duties at their contractual start time. So, where an employee does make it into work but are late you are entitled to treat the absence in the same way as any other period of unauthorised absence and not pay them.
I recommend investigating the reasons behind the lateness, for instance can they provide proof of the disruption and how did other employees who live in the same area manage?
An occasional incident of lateness for reasons beyond the employees’ control is a fact of life and a refusal to accept that and begin deducting pay would not be good practice and could result in bad feeling from your employees. I recommend leaving deductions to those employees who don’t turn up for work or you feel are abusing your policy.
School Closures
If schools are closed and parents do not have alternative childcare, read our article When Employees Cannot Get To Work
Time off for Dependents legislation would also cover the situation where your employee’s partner, or another dependent such as an elderly parent, is injured due to the adverse weather.
Options Available To Employers
When employees are unable to attend work due to adverse weather, employers should consider all available options before deciding how the absence will be managed. The most appropriate solution will depend on the employee’s role, the nature of the disruption and the needs of the business.
Homeworking
Where employees can work effectively from home, this is often the simplest solution. Employers should ensure employees have access to the necessary equipment and agree priorities for the day. Not all roles can be performed remotely, but where homeworking is possible it can minimise disruption for both the employee and the business.
Temporary Flexible Working
Employees may be able to travel safely if they avoid peak disruption. Temporary adjustments to start and finish times can allow employees to arrive later, leave earlier or work around school closures and transport difficulties.
Annual Leave
Employees may choose to use annual leave to cover all or part of their absence. As adverse weather often occurs at short notice, employers may wish to adopt a flexible approach to approving holiday requests. Some employers also allow holiday entitlement to be recorded in hours, enabling employees to cover short periods of lateness or early departures.
Making Up Lost Time
Rather than deducting pay, employers may allow employees to make up lost time once normal working arrangements resume. This could be through a formal flexi-time scheme or a temporary arrangement. Any agreement should clearly state how and when the hours must be made up.
Unpaid Leave
Where homeworking, annual leave or making up lost time are not suitable, the absence may be treated as authorised unpaid leave. Employers should ensure that the arrangements are discussed with the employee and confirmed in writing.
Combination Approaches
In practice, a combination of options may provide the most practical solution. For example, an employee may work from home for part of the day, use annual leave for a few hours and make up any remaining time later.
Should Employees Be Paid?
One of the most common questions employers ask during periods of adverse weather is whether employees should be paid if they are unable to attend work.
As a general rule, employees are responsible for getting themselves to work. Where an employee is unable to attend work due to travel disruption, there is usually no automatic entitlement to pay unless the employment contract, employee handbook or established custom and practice provide otherwise.
However, employers should not automatically assume that pay must be withheld. Consideration should be given to the circumstances, the employee’s efforts to attend work, whether alternative arrangements were available and the impact on employee relations.
Many employers choose to exercise discretion and offer alternatives such as annual leave, making up lost time or paid leave as a goodwill gesture. Where discretion is exercised, it should be applied consistently to avoid perceptions of unfair treatment.
The position is different where the employer closes the workplace. If employees are ready and willing to work but are prevented from doing so because the business has decided to close, employers will generally be expected to continue paying employees unless a contractual lay-off provision applies.
Top Tip: Before deciding whether to deduct pay, consider whether the employee could work from home, make up lost time or use annual leave. A flexible approach often delivers better employee relations than an automatic deduction from wages.
Closing Your Business Due To Adverse Weather
Where you decide to close your business, or part of it, because of the adverse weather you are preventing the employee from working. With-holding pay when the employee is willing and able to work could bring risks of claims for unauthorised deduction from wages. The best-practice approach is to pay as normal whilst you are closed. But before you do that check what alternative options are available to you such as working at a different location or from home.
Lay-Off
If you have the contractual right to lay-off then you could exercise that right if a period of adverse weather forces the workplace to close. If an employee is ‘laid-off’ then they are not required to come to work. They will be entitled to guarantee pay rather than their full normal pay for that day. Check our Statutory Payments information for the latest rate of guaranteed pay. This can limit the financial impact of any short-term workplace closure caused by the weather.
If you don’t have a contractual clause relating to ‘unpaid lay-off’ please get in touch. I can add a lay-off and reduced working time clause and can review your contract for compliance with legislation requirements and suggest improvements.
Enforced Holiday
If your employment contract does not contain an express right for you to enforce holiday on dates of your choice, you would need to seek the employee’s consent to enforce holiday. Even with the contractual right you would need to provide notice rather than enforce them retrospectively. The notice required is at least twice the length of the period of holiday, so two days’ notice would be required for one day’s leave making it impractical for a short notice closure due to adverse weather conditions.
When Disciplinary Action May Be Appropriate
Most employees affected by adverse weather will be doing their best to attend work, work remotely or keep their employer informed about any difficulties they are experiencing. In these circumstances, disciplinary action is unlikely to be appropriate.
However, there may be occasions where an employee’s actions, or failure to act, contribute to the problem. Before reaching any conclusions, employers should investigate the circumstances and establish the facts.
Examples may include:
- Failing to notify the Company that they will be late or unable to attend work.
- Providing information that is later found to be inaccurate or misleading.
- Making little or no effort to attend work when reasonable alternatives were available.
- Refusing reasonable temporary arrangements such as homeworking or adjusted working hours.
- Repeatedly relying on adverse weather as a reason for absence when other employees in similar circumstances are able to attend work.
Before considering disciplinary action, employers should give the employee an opportunity to explain the circumstances and provide any supporting evidence. Decisions should be based on the facts of the individual case rather than assumptions.
Any action taken should be reasonable, proportionate and consistent with how similar situations have been handled in the past.
Common Mistakes Employers Make
Adverse weather can create significant operational challenges, particularly when disruption occurs with little warning. Whilst there is rarely a perfect solution, avoiding the following common mistakes can help employers manage disruption more effectively whilst maintaining positive employee relations.
- Assuming employees must attend work regardless of conditions – Employers should not place unreasonable pressure on employees to travel when severe weather conditions make journeys unsafe. Health and safety considerations should always be taken into account.
- Automatically deducting pay without checking contracts and policies – Before withholding pay, employers should review employment contracts, employee handbooks and any established custom and practice arrangements. What appears to be a straightforward deduction may not always be legally or contractually justified.
- Failing to communicate expectations – Employees should know who to contact, when they should report difficulties attending work and what options may be available if disruption occurs.
- Overlooking homeworking and flexible working options – Many businesses now have greater flexibility than in the past. Before treating an absence as unpaid, consider whether work can be carried out remotely or whether temporary adjustments to working hours are possible.
- Treating similar situations differently – Employees are more likely to accept difficult decisions when they can see that similar circumstances are being treated consistently. Inconsistent decision-making can quickly damage trust and morale.
- Jumping straight to disciplinary action – Most employees affected by severe weather are trying to balance their safety with their work commitments. Employers should establish the facts before making assumptions about an employee’s motives or conduct.
A practical, flexible and consistent approach will often help employers manage adverse weather disruption more effectively whilst maintaining positive working relationships with employees.
Consistency Matters
Periods of severe weather can create difficult decisions for employers, particularly when some employees are able to attend work whilst others are not. Whilst every situation will have its own circumstances, employees are more likely to accept decisions when they can see that similar situations are being handled fairly and consistently.
Consistency does not mean that every employee must receive exactly the same outcome. Factors such as travel distance, the availability of public transport, road conditions, caring responsibilities and the ability to work remotely may all be relevant considerations. What is important is that decisions are based on objective factors rather than assumptions or personal preference.
Before deciding whether to pay employees, approve annual leave, allow homeworking or require time to be made up, employers should consider the facts, apply their policies consistently and clearly communicate the options available.
Finally, remember to recognise the efforts of employees who have gone the extra mile to attend work safely during difficult conditions. A simple thank you can go a long way towards maintaining morale and encouraging cooperation during future periods of disruption.
Preventing Future Disruption
Adverse weather and travel disruption is increasingly more common. Now would be a good time to consider amending HR policies and employment contracts to ensure clarity for both you and your employees.
Policies could be changed to provide flexibility for both sides on things like payment of wages, flexible and home working and holidays, where adverse weather (or unplanned circumstances) prevent employees attending work or cause you to take a reasonable decision to close the workplace.
Introducing An Adverse Weather Policy
An Adverse Weather Policy is a must as it removes any confusion about what you expect from your employees, help reduce confusion and ensure a consistent approach to managing adverse weather.
Clauses you should consider including are:
- Expectations for commuting during bad weather: This includes guidelines on whether employees should attempt to travel or stay home.
- Procedures for weather deterioration: These make employees aware of the steps the business will take and what actions the employees should take if the weather worsens overnight or during the workday.
- Alternatives for attending work: This can include alternatives such as remote working or adjusting hours to accommodate difficult conditions.
- Steps for employees unable to attend: Providing those who cannot reach the office with clarification on pay.
Related Articles
- Employees Stranded Abroad: A Guide For SMEs
- When Employees Cannot Get To Work
- Flexible Working Policy
- Time Off For Dependants
How Kea HR Can Help
Unexpected disruption caused by severe weather, transport problems and other emergency situations can create uncertainty for both employers and employees. Having clear policies and confident managers helps businesses respond consistently whilst maintaining positive employee relations.
Kea HR helps SMEs develop practical HR policies, employee handbooks and management processes that provide clear guidance when workplace disruption occurs. Whether you need support with absence management, flexible working, adverse weather policies or a specific employee issue, we are here to help.
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