snow patrol: adverse weather issues for employers
3rd December 2010
As Scotland’s snowfall is the worst in 45 years and the bad weather looks set to continue through to the new year, inevitably this raises various concerns for employers.
As Scotland’s snowfall is the worst in 45 years and the bad weather looks set to continue through to the new year, inevitably this raises various concerns for employers.
Pay
In the absence of any contractual provision or an adverse weather policy, employees are not legally entitled to be paid if they are unable to get to work due to bad weather. Employers are therefore under no obligation to pay employees who do not make it to work and this will not amount to an unlawful deduction from wages. However, in the interests of maintaining staff morale and external PR, it is advisable for employers to consider suitable alternatives before deciding to withhold pay.
Alternative Arrangements
(i) Working from another location - If an employer has offices in several locations, it may be more practical for staff to work temporarily in an office that is easier for them to travel to. Alternatively, it may be possible for staff to work from home if there are sufficient resources to enable them to do so.
(ii) Flexible working - Employers may agree to vary employee’s working hours by allowing them to start later or leave early to make allowance for travel delays/restrictions or childcare arrangements.
(iii) Using holidays - It may be possible for employers to agree with an employee that they will take time off as paid holiday. Alternatively, employees may be asked to make the time back at a time agreed with the employer.
Employees With Children
The weather has resulted in the closure of many schools and this may present many employees with childcare problems. Employees have the right to reasonable unpaid time off to deal with emergency situations regarding their children. The time off is intended to allow alternative arrangements to be made, not to look after their children themselves. A degree of flexibility must be exercised by employers to ensure the right balance is struck between the need to get work done and recognising the childcare difficulties which arise in these circumstances.
Employees Who Abuse The System
If an employer has reason to believe that an employee is abusing their flexible approach to timekeeping and absences, they should investigate this in the same way they would any other unauthorised absence.
Ultimately, it is at the discretion of the employer how they decide to deal with bad weather issues. However, whatever decisions are taken must be consistent and fair to minimise the risk of discrimination claims, whilst also taking into account the particular circumstances of individual staff members.
Jacqueline McCluskey is the head of employment law in Scotland at national law firm HBJ Gateley Wareing.
