Back in February 2009, snow disruption left a hole of around £1bn in the economy. The latest blanket of bad weather is looking set to top the £3bn mark. So what, if anything , has been learned from last year’s woes?
The Federation of Small Businesses (FSB) has published a policy paper: Business continuity – Let’s Keep Britain Moving. It explains that the cost of a 10% absence rate to businesses could be as much as £600m a day, making the point that small businesses with an average of around four employees, have been hit the worst with a potential temporary loss of over half their workforce. The FSB outlines a number of recommendations, which include better ways of preventing transport disruption and managing energy supplies shortfalls.
However, many employers have remained confused about what their legal position is when employees do not turn up for work in wintry conditions. How do you deal with a situation where one individual has battled against the elements and made it into the office, whereas another chose to take a ‘snow day’ although they live within walking distance of the office?
Law firm Pinsent Masons publishes a helpful guide, downloadable from its website. Key points are:
- Employees are obliged to attend the office unless they are sick, on holiday or on parental leave, etc, so the onus is on them to come to work, even in adverse weather conditions. If the office is open and the employee cannot get into work because they are ‘snowed in’, this absence is technically unauthorised and there is no obligation to pay them.
- However if the transport really is out of action, rather it would be sensible to consider offering unpaid leave (ideally the contract of employment provides for this), a deal where the time is made up at a later date through extra hours, or work from home. Again, it needs to be made clear this is a privilege, ideally with a homeworking policy in place and it is sensible to monitor actual outputs.
- It is not possible for employers to enforce the time to be taken as annual leave – unless the contract of employment contains an express right for the employer to direct when holiday is taken.
- If you believe an employee is using the weather conditions as an excuse for lateness or absence, particularly if they live nearby, this could be a disciplinary matter and action could be taken in line with the organisations’ disciplinary policy.
- If you are forced to close your offices because of the weather conditions, you cannot withhold pay as your employees could claim an unauthorised deduction from wages. Lay off clauses in contracts could get around this, but the rules are very complicated and advice should be sought well in advance.
- The minimum workplace temperature should be 16 degrees Celsius, so if you are unable to maintain this temperature in the workplace you would be in breach of HSE rules.
- Employers must observe severe weather warnings and let employees leave the office early to avoid treacherous travel conditions on the way home – they must not be asked to disregard official weather and travel advice. This can be obtained from the DirectGov website.
- An ‘adverse weather’ policy is advisable so that employees know what is expected next time severe weather hits – this could be an extension of your normal absence policy.