Snow and Work
What are your rights if you cannot get into work, or if you are an employer and your staff cannot make it in?
Q. Can my employer dock my pay if I can’t get into work?
Employees have protection against an unauthorised deduction from their wages. Do does the contract state that you do not get paid, if you do cannot get in, due to adverse weather? It can if the Employer drafts it correctly.
Also another argument is that if an employee is unable to attend work, they have not performed their obligations, and therefore are not entitled to pay.
Has the employee made all appropriate efforts to attend work? Would it be possible for the individual to perform all or some of their duties from home?
Employees who cannot demonstrate they have made reasonable efforts to attend work would run the risk of disciplinary action. It can help if you want to get rid of a staff member.
What if I can’t work because my child’s school is closed?
Employees who are unable to attend work as a result of looking after children whose schools or childminding facilities are closed are in a different position.
An employee can take a reasonable amount of time off work because of an unexpected disruption or termination of arrangements for the care of a dependant.
Employees have protection against suffering dismissal or a detriment as a result of such absences.
Such absence is, however unpaid.
But workplace is closed.
If your employer’s place of business has closed, there should be no question of your employer deducting pay. You are ready and willing to work but had no work to attend.
There would, however, be an expectation that you would undertake such work as was possible from home.
Q. Can my employer force me to take a day off as holiday when it snows?
Yes if reasonable notice is given, not just the day before.
An employee may argue that the purpose of their holiday entitlement is to enable rest and relaxation in pursuing activities of their choosing, and at the time of their choosing. This is a bit different from being forced to take the children out on a sledge, when you would rather be in front of the fire!
Nevertheless, it is doubtful whether many employees would consider it worthwhile, or indeed prudent in the current economic climate, to push things.
Q. Is my employer required to give notice to me if it decides to dock my pay?
Good employment practice would be to make it clear to all employees what practise will be adopted regarding payment to non-attending employees and/or the use of holiday entitlement. So YES this you should go in the contract of employment.
Q. I am a manager and am concerned that staff might be taking advantage of the weather time away from work instead of trying to get in. Any advice on skiving?
Tell your staff what your policy is; clear, consistent and transparent
While the initial blizzard conditions make travel to work almost impossible, you may judge that the weather and transport links have improved sufficiently so that staff could get in to work. Text and emails help.
Employers can disciplinary action if they felt somebody was able to work but had chosen not to. It might be a good step to getting rid of somebody, who you want out.
Q. Anything else for bosses to bear in mind?
Health and safety implications. If the police are telling people to stay at home unless their journey is essential then, potentially, you may not want to put too much pressure on people to return to work.
Employers have a duty of care to their employees and a potential liability may exist if employees were pressurised into travelling when conditions were dangerous. Your liability insurance might not even cover it.
Q. I battled in to work, even though it was difficult. Many of my colleagues did not bother and I feel aggrieved. Should I be entitled to get a day’s leave in lieu?
Sorry. No. These sorts of situations can lead to resentment among workers – especially as those who are able to make it (or in some cases, those who choose to make it) may have to work especially hard to cover those who are absent.
But there is no financial reward.
