At times during the winter months, adverse weather can cause difficulties for employers. Sometimes employees may be snowed in and unable to get to work or schools may be closed at short notice, leaving employees without childcare and unable to attend work as a result. If the work the employees undertakes is outdoors and weather-dependent, then sometimes snow and ice can make undertaking the duties difficult or impossible.

So, what should an employer do when faced with difficulties caused by severe weather? An employer should have a policy on this and communicate it to employees.

As with many workplace issues, where possible, a degree of flexibility goes a long way towards a positive working relationship between employers and employees. If employees are unable to get to work due to severe weather and it is possible for the employee to work from home that day, then consideration should be given to permitting this. Alternatively, if the employee has annual leave to use, then they should be permitted to use annual leave. If the employee has used up all their annual leave, then unpaid leave may be granted or the employer may permit the employee to make up the lost time at another time.

The same considerations as outlined above should be taken into account if an employee requires time off at the last minute due to a school closure as a result of adverse weather. Employers should bear in mind that employees have a statutory right to reasonable (unpaid) time off to deal with family emergencies, such as an urgent childcare need arising.

So far we have considered the position if the employee cannot make it to work. What happens if the employer’s premises has a burst pipe or the work is weather dependent and the employer has no work for an employee on a particular day as a result of the weather? Unless there is a contractual right to lay employees off without pay, there is no right to do so. It is therefore important that employers reserve the contractual right to lay employees off where there is a temporary cessation in work.

The advice for employers in relation to being prepared for disruption due to adverse weather is to have a policy on the issue, try to be flexible where possible and reserve the right to temporarily lay employees off without pay in the event of the employer having no work for the employee due to adverse weather.

Collective Questions is intended as a guide and for general information only and is not a substitute for taking specific advice relating to your situation. For specific advice regarding this or any other issue relating to employing people, please do not hesitate to contact us.