Adverse Weather & Travel Disruption: A Guide for Employers

When adverse weather strikes the UK, bringing heavy snow, strong winds and rain, employers often face questions about workplace attendance, employee pay and health and safety responsibilities.

This guide will help you understand your obligations and the rights your employees have during adverse weather conditions.

Health and safety responsibilities

Employers have a duty of care to ensure the health, safety and wellbeing of their employees. When severe weather hits, you should consider whether employees need to travel if authorities have advised against it. You also need to be mindful of employees' journeys home, especially if the weather worsens during the day or if transport becomes impacted.

If the Met Office issues a severe weather warning for your area, requiring employees to travel in could put you in breach of your duty of care, even if some staff live nearby.

Workplace closures

There may be times when due to bad weather you have to close your workplace. In this instance, employees should be paid their normal salaries unless there is a clause in their contracts which covers this type of scenario.

You can and should ask staff to work from home or another workplace if possible, however, you cannot insist that staff take the time off as annual leave.

Employee pay during weather

Unless there is a contractual entitlement or a policy that states otherwise, employees are not usually entitled to be paid if they are unable to attend work due to adverse weather. Although some employers do pay employees in these situations, there is a risk that this could lead to resentment from employees who have managed to attend work.

Whatever approach you take, apply it consistently and communicate it clearly to all staff.

Alternative arrangements for employees

Rather than defaulting to unpaid leave, there are a number of other options available:

Work from home if this is an option for their role. Even roles that don't typically work remotely might be able to complete some tasks.

Work from a different location such as a closer office, co-working space or another suitable workplace.

Take annual leave though as stated above this cannot be enforced on employees. It must be their decision.

Make time up at a later date by working additional hours over the following days or weeks.

Flexible start times allowing employees to travel later in the day when conditions improve.

Employees' rights: dependants leave

Employees do have a statutory right to take 'Dependants leave' and this provides reasonable time off work to deal with unexpected events involving a dependant. This could include having to take time off to look after a child if a school, nursery or childminder is closed due to the weather.

Although there is no specific definition of what 'reasonable' time off means, the right is to take time off to make longer term arrangements to cover care needs. As such, it is unlikely to last more than one or two days.

Dependants leave is there to cover unexpected events and should not be used where there is prior knowledge of an event. Any leave taken under this right should not be refused, although it can be unpaid.

For example, if an employee's child's school closes unexpectedly due to heavy snow, they can take dependants leave to arrange childcare for that day and possibly the next. However, if the school remains closed for a week, they would need to arrange alternative care or use annual leave, unpaid leave or other arrangements.

Disciplinary action

If you believe that employees are taking advantage and/or abusing the system, such as not making a reasonable effort to attend work or being dishonest about travel disruptions or childcare issues, then disciplinary action can be taken. This should be conducted in line with your normal disciplinary process.

Warning signs might include colleagues from the same area making it in whilst an employee claims it's impossible, inconsistent stories about travel disruption, or a pattern of convenient 'weather problems' that others don't experience.

Before taking action, gather evidence such as transport reports, weather data and statements from other employees. Consider the individual's overall record and circumstances, and be prepared to explain why you believe they didn't make reasonable effort.

Communication and planning

Set clear expectations before weather emergencies arise by including a weather disruption policy in your employee handbook. Communicate your decision making process clearly, establish how employees should report travel difficulties, and be consistent in how you treat different employees.

During weather events, give as much notice as possible about any decisions regarding workplace closures or changes to working arrangements.

How can we help?

We advise that employers look at implementing an Adverse Weather policy, which clearly sets out what is expected of staff, and the company in times of bad weather. 

For further information and advice on how LCF Law can support your business, including providing an Adverse Weather policy, contact Brendan Bah on 07518 298 838 (or email ku.oc1780532650.fcl@1780532650habb1780532650) or James Austin on 07729 118 961(or email ku.oc1780532650.fcl@1780532650nitsu1780532650a.sem1780532650aj1780532650). 

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