Employer responsibilities in adverse weather conditions

Over the last 20 years, the UK has faced a major storm roughly every four years, often causing severe disruptions, road closures, and power outages. Frequent and intense storms caused by climate change require employers to prioritise preparation and understand their obligations to staff.

Duties of employers during bad weather

Employers have a duty of care to their workforce under the Health and Safety at Work Act 1974. Employers should factor adverse weather into workplace risk assessments, addressing:

1. Conditions that make opening the workplace unsafe.
2. Actions if weather worsens during the day.
3. Risks for staff commuting in poor weather.
4. Additional risks for pregnant workers or those with disabilities.
5. Steps employers can take to reduce weather-related hazards.

Employee pay for weather-related absence

It is unlawful for employers to deduct wages unless authorised by contract, statute, or consent. Clear employment contracts or staff handbooks can allow for pay deductions if staff cannot work due to weather. But without such provisions, withholding pay may risk claims for unlawful deduction, breach of contract, or constructive dismissal. The position differs for employees stranded on work trips, where employers must cover pay and related expenses. In these circumstances, employees should be paid throughout their absence and the business must cover any additional expenses.

Employers may wish to exercise their discretion, paying staff in full or limited, in the event they cannot get to the workplace due to bad weather. When implemented, this should be applied fairly and framed as a goodwill gesture without setting a precedent.

Alternatives to workplace attendance

To avoid pay becoming an issue, employers can plan for alternatives during bad weather. Such alternatives might include:

• Homeworking: Encourage remote work during travel disruptions.
• Laying off: Alternatively, if contracts allow, consider temporarily laying off staff when workplaces close due to adverse weather.
• Annual leave: Offer staff the option to take paid annual leave. Adverse weather often occurs at short notice. Employers may struggle to give enough notice for staff to take holiday on specified days. However, employers could seek an agreement.
• Dependants’ leave: School and nursery closures during adverse weather may require staff to take time off or request to work from home. Employees have a right to take a ‘reasonable’ amount of dependants’ leave. There is no statutory right to paid leave in these circumstances. Employers should consult their internal policies to determine if the time off will be paid or unpaid.

Creating an Adverse Weather Policy

Clear policies help set expectations and ensure a consistent approach to managing adverse weather. These policies help reduce confusion and maintain good employee relations. These documents should include:

• Expectations for commuting during bad weather: This includes guidelines on whether employees should attempt to travel or stay home.
• Procedures for weather deterioration: These make employees aware of the steps the business will take and what actions the employees should take if the the weather worsens during the workday.
• Alternatives for attending work: This can include alternatives such as remote working or adjusting hours to accommodate difficult conditions.
• Steps for employees unable to attend: Providing those who cannot reach the office with clarification on pay.

The importance of communication

Taking the above into account, employers should look to develop detailed strategies for dealing with major travel disruptions and translate these into easy to understand and easily accessible policies for staff.

An adverse weather policy should include information on what is expected of employees in relation to travelling to work during periods of bad weather. It should also set out arrangements for if the weather deteriorates during the work day, alternatives for attending the workplace during periods of bad weather and how to put these into action. In addition, the policy should make it clear as to what staff should do if they are unable to get to work and the potential implications that may be involved, including whether time off will be paid or unpaid.

Clear communication is often the most effective way to maintain good employee relations and reduce the risks associated with potential tribunal claims should something go wrong.