Employment Law: Snowdays And Adverse Weather

In recent days, the UK has seen heavy snow and flooding across parts of the country. What happens when your employees can’t get into work due to adverse weather conditions? In her latest blog, Employment Law Solicitor, Emma Spandrzyk discusses some frequently asked questions….

With the nation on lockdown and a requirement from the Government to work at home where you can, snow days might pose less of a problem for businesses this year.

That being said, winter has now firmly set in and to help, we have put together a list of answers to the most common questions that business might be asked by employees when it snows.

My Employee can’t get to work because of the snow. Do I have to pay them?

If your business is open and your employee cannot get in then subject to any Adverse Weather Policy that your business has in place, the best option is to try to come to an alternative agreement with the employee.

If they are unable to work from home, consideration could be given to changing hours to make up the ones that have been lost. If this is not an option, the employee may ask to take annual leave. If such arrangements cannot be agreed, you are entitled to instruct your employee to take unpaid leave.

My Employee can’t get in to work because of the snow, can I force them to take Annual Leave?

As a general rule of thumb, no. If the employee requests annual leave, then you can agree to the request.

If you wish to impose a period of annual leave, you are required to give your employee notice of this at least twice as long as the time you wish them to take off. For example, if you want your staff to take one day off, you would need to give them at least two days’ notice.

We have had to shut the workplace due to adverse weather. Do I have to pay my staff?

If you have been forced to close the work premises and your staff cannot work from home, you should continue to pay your staff as normal.

An Employee has told me that their child’s school is shut, what should I do?

If your employee’s childcare arrangements have been disrupted owing to adverse weather, this can be considered an emergency situation, which gives the employee the right to take unpaid time off.

You can agree with the employee that the time off be taken as annual leave but if this is not agreed, the time can be taken unpaid.

If you have an Adverse Weather Policy that gives more generous terms on pay and time off in this situation, you should follow the terms of that Policy.

If you have any queries around your staff’s rights in times of adverse weather or you wish to implement an Adverse Weather Policy, please get in touch. Such matters are covered under our HUB subscription service.

For a free quote, please contact Emma Spandrzyk in our employment team on 01530 564498 or via email at e.spandrzyk@timms-law.com

Emma Spandrzyk
January 2021