This month's arctic conditions have caused many travel and broken down boiler related nightmares, but for employers and HR staff the snow and ice also bring additional problems when deciding how to cope if the majority of their workforce cannot make it into work or if they are forced to close the workplace.
Employers should be aware that they are under no obligation to pay employees in a situation where they are unable to get into work due to the snow, unless the employee's contract specifically provides for payment in such circumstances. It is important that employers should consider any means that they can to accommodate such employees, for example by letting them work from home, providing alternative means of transport or allowing them to work on different days.
If there are no such options available the employer should notify employees as soon as possible that they will not receive pay, will receive pay, or if they will be paid on a discretionary basis. They may want to inform the employee that they can take annual leave if they wish but the employer cannot insist on the employee doing this.
There will be some situations where an employer is forced to close their business. Again, some employees may be able to work from home, in which case the employer will be eligible to pay them. If employees are unable to work when the employer closes the business, then the employer should pay them for this period unless the employee's contract provides for a period of unpaid lay off or the employees have agreed that there will be a period of unpaid lay off. In a situation where there is a contractual clause allowing for unpaid lay off, the employee may still be entitled to a guarantee payment, which has a maximum level of £21.20 per day.
A key consideration for employers in these circumstances is communication. Employees and staff should be updated as to whether they will receive pay or whether the workplace is to be closed. The last thing an employer wants is for a member of staff to travel all the way to work to find out that the business has been closed for the day. Employers should also ensure that the business premises are salted and cleared of snow.
The TUC have stated that the "best practice is simply to pay as normal those staff who cannot make it in." However, this is not necessarily a realistic approach for two reasons: firstly, employers will be unable to run their business and make a profit without their staff and, secondly, it is extremely unfair for those members of staff who make an effort to endure the extreme weather and make their way to work, to find that those who do not are paid anyway.
So communicate, decide early and don't feel that you have to act like Santa!
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
