How should employers navigate stormy weather?

The UK is currently under alert of a rare red weather warning. Millions of people across the UK have been told to stay at home due to the hazardous conditions posed by Storm Eunice. Significant travel disruption is expected with trains cancelled and many schools closed. Eunice will undoubtedly cause disruption for employers and below are some top tips on how they can they navigate the storm and any future adverse weather events.

Have a policy

It is advisable to circulate your adverse weather policy in advance of any storms or similar conditions so staff are clear on the policy in place. Many employers only created a policy in response to the 'Beast from the East' in 2018. The policy might need to be refreshed particularly if hybrid working has been adopted in response to the pandemic. 

If employers don't have such a policy, this current storm is a useful reminder to put one in place. If a policy doesn't currently exist then, it is a good practice to communicate with the workforce explaining what is expected of them in such weather conditions and of the employers' requirements. It is particularly important to be transparent on what will happen to employees' pay if they aren't able to attend the workplace.

Take a flexible approach

Some employees will be more adversely affected by this weather than others. Childcare arrangements may fall through or with school closures many employees might need to react to an unexpected domestic situation. Employees have a right to unpaid time off to care for dependants so this should be allowed if applicable. Employees with a disability may find travel more difficult, particularly if they rely on public transport. Employers should therefore consider any necessary adjustments.

Treat staff fairly

Employers should treat employees reasonably and fairly when dealing with extreme weather conditions. Employers need to be mindful of employees' health and safety when making contingency plans. Employees should not be expected to take unnecessary risks to make it to their workplace, particularly where the red weather warning is instructing people not to leave home. If an employee reasonably believes that travelling to work would put them in serious or imminent danger, the they should not be treated less favourably as a result of this decision. Unfair treatment could lead to potential claims against employers so a reasonable and fair approach is preferable.

However, if an employee is being disingenuous, or abusing the adverse weather policy, this may constitute misconduct, this should be clearly communicated as part of the adverse weather and disciplinary policies. In such cases you can consider disciplinary proceedings.

What about pay

Employers are not obliged to pay employees who do not make it to work due to snow and travel disruption if the workplace is open. However, if the workplace is closed as a result of the weather then employees should be paid as normal. Employers often use their discretion in terms of pay when it comes to exceptional weather events in practice there are a number of options available:

• Explain to the employee that they will not be paid for this time. The adverse working policy should make clear that employees will not be paid for such absences if this is the practice adopted.
• Employers could pay the employee for their absence, but require that they make up the hours at another time.
• The employers could ask the employee if they want to use their holiday entitlement to cover any weather related absences which will ensure they are still paid.
• The employer could pay the employee regardless, but it would be important to make clear this is being done on a discretionary basis due to the exceptional circumstances, this avoids creating a precedent where staff expect to be paid in full in the future.

With adverse weather events seemingly occurring every winter this will be an issue employers have to deal with increasing frequency. It would therefore seem advisable for employers to consider and implement policies and procedures now in advance of future weather events.

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Our specialist employment team can advise employers on the appropriate workplace policies to ensure you remain compliant with the law and ensure a safe working environment for your employees.