It might look like a Christmas card outside, but the recent "deep freeze" has the potential to cause chaos for businesses and employers. Sudden snow showers and a reported salt crisis have made many journeys treacherous. Suggestions on the radio and in news bulletins to only make essential journeys often go unheeded as commuters plough their way to offices, shops and meetings. But as an employer, what should you be doing to protect your business and your employees?
There are some common sense rules and policies which are worth reciting for those who do not remember back to the last snow spell in February 2009!
General position
The general rule is that employees are only entitled to be paid for the work they do. If an employee does not attend for work (without a valid reason such as sickness or a pre-planned holiday) they should not be paid. This is a strict approach and not always one to be followed when there is some unusual or unexpected run of events. However, a consistent policy should be adopted with discretion between different circumstances limited so far as possible. Everyone must be treated the same and be careful of setting a precedent.
What happens if an employee has to look after their children due to a school closure?
Employees have a right to unpaid time off to deal with emergency situations regarding their dependents but this would not normally apply to a situation where the employee was required to look after their children as a result of not having any childcare arrangements.
However, with sudden school and nursery closures being announced only on the morning of the closure it is likely to constitute an emergency situation. Time off may be unpaid, but some employers may offer it as a holiday, albeit at short notice. The statutory protection will generally only cover a day to allow alternative arrangements to be made. Again, a consistent approach to such situations should be adopted and employees should be given advance notice of any policy to be enforced.
What about Health and Safety arguments?
An employer has a duty of care toward its employees in the usual course of business. This duty will not always extend to travel to and from the workplace. However, in circumstances where there is a warning against unnecessary travel on the grounds of safety an employer should not be forceful in ensuring employees attend for work.
Employers should take a balanced approach between encouraging employees to make all reasonable efforts to get to work and forcing them into a situation where they feel they have no alternative but to travel to work or risk facing possible disciplinary action.
How far should an employer's goodwill stretch?
Employers are often concerned that some employees will use the bad weather as an excuse for not coming in to work even though they are not themselves adversely affected by the conditions. Again, a clear policy on such issues with employees notified in advance is essential.
Employers will usually give employees the benefit of the doubt on the odd occasion, but consistent breach of any policy might warrant disciplinary action. If an employer does have particular concerns and evidence to support such allegations, a disciplinary process must be followed along with the usual investigations and appeals.
In summary:
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Clear policies should be put in place in advance wherever possible.
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Journeys which are considered to be dangerous and unnecessary should not be attempted.
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Remember that there are certain statutory rights for those caring for dependents.
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Be flexible wherever possible. Consider facilitating home-working if possible, last minute holiday days and a shorter day if conditions worsen.
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Be consistent in applying any policy.
For further information and advice, please contact a member of the Employment Law Team on 0114 266 6660.
