Winter weather in the UK often brings disruption to roads, transport and schools, affecting workplaces. Here’s a brief guide for HR to address common issues:
- Commuting to work
While employers aren’t legally responsible for employees’ commutes, forcing travel in hazardous conditions could breach the implied duty of trust, risking constructive dismissal claims. Employers should prioritise safety with options like remote work, flexible hours, or holiday leave.
- Workplace temperature
The Workplace (Health, Safety, and Welfare) Regulations 1992 require a ‘reasonable’ temperature, ideally 16°C (13°C for physical work). Employers should monitor conditions, relax uniform policies, and provide suitable heating to maintain comfort.
- Workplace closures
If a workplace closes due to severe weather, employees ready to work should generally be paid unless contracts specify otherwise. Employers can consider options like remote work or lay-offs (if contracts allow). Employees who are laid-o receive statutory guarantee pay (£38 a day for 5 days in any 3-month period – so a maximum of £190) rather than full pay.
- School closures
Employees needing to care for children during short term school closures are entitled to unpaid time off under the right to time off for dependants. Some employers offer this as a paid benefit, so policies should be checked.
- Unable to get to work
If employees can’t reach work due to weather, remote work or suggesting that employees take the day as holiday may be viable solutions. Whether it would be lawful to deduct from pay if an employee is unable to get to work owing to bad weather is unclear. Arguably, they are not ‘able’ to work so aren’t entitled to pay, but there is case law support for the fact that, if the reason an employee can’t work is an ‘unavoidable impediment’, then they shouldn’t have their wages docked. It is not known if bad weather would be regarded as an ‘unavoidable impediment’.
An Adverse Weather Policy can be used to clarify the business approach, ensuring clear communication and proactive planning to manage disruptions smoothly.
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
