It’s that time of year again – winter! When the weather can be unpredictable and the inevitable panic when the forecast looks like a scene from Frozen. While we all dream of a white Christmas (which rarely happens), adverse weather often brings a flurry of employment law questions for both employers and employees.
Understanding your responsibilities and your team’s rights is essential.
Working during adverse weather
Employers must be aware of their duty of care under the Health and Safety at Work Act 1974, which requires protection from unnecessary risks. Requiring staff to travel in bad weather and unsafe conditions, whether on their commute to work or for business reasons could breach this obligation.
Where possible, consider alternatives such as home or hybrid working, especially as employees have a statutory right to request flexible working. Having a contingency plan for extreme weather demonstrates commitment to wellbeing and helps maintain business continuity.
If remote work isn’t feasible, employers may ask staff to take annual leave, giving double the notice for the time off requested (eg, two days’ notice for one day’s leave).
If schools or other care facilities, such as nurseries, close unexpectedly then employees can take unpaid time off under their statutory entitlement to Time off for Dependants. This gives employees time of in order to deal with incidents which would include the unexpected closure of a school.
Pay rights
Employees are generally paid for work done. Salaried staff usually continue to receive pay, while zero-hour workers may not if they don’t work. There’s no statutory right to pay if employees can’t attend due to weather, but if the workplace closes, staff should normally be paid unless contracts state otherwise.
Employers have a duty under health and safety laws not to encourage travel in dangerous conditions - failure to act responsibly could lead to liability if an injury occurs. Ultimately, pay during adverse weather is at the employer’s discretion, but these factors must be considered. If the workplace closes, paying staff is good practice - and avoids being a festive Scrooge.
Plan ahead like Santa
Don’t wait for the first snow to fall. Have a “bad weather policy” covering:
- Reporting absences: Specify how staff should notify you (phone, email, HR system).
- Pay arrangements: Clarify if pay continues, unpaid leave applies, or annual leave is used.
- Remote working options: Encourage home working where possible, with clear access and expectations.
- Making up time: For non-remote roles, offer flexible options like later shifts or extra hours.
- Childcare considerations: Address emergency leave or flexibility for school closures.
- Communications plan: Keep everyone informed via email, WhatsApp, or intranet updates.
Adverse weather can create challenges for both employers and employees, from ensuring safety to managing pay and attendance. Having clear policies in place and understanding legal obligations can help prevent disputes and protect employees and businesses.
If you have questions about managing employment issues during adverse weather, please get in touch with our Employment law team on 03330 430350.
