An employer’s guide to adverse winter weather

With colder weather and the risk of snow over the next week, employers may have a number of questions about attendance, absence, and their overall responsibilities during adverse weather.

Bad weather does not necessarily have to be bad for business. Snow, ice, and other severe weather conditions can affect public transport, cause accidents and road closures, and lead to school closures—creating significant challenges for employees and employers alike. Planning is key. The following guide is designed to help you minimise disruption and keep business going.

Do we have to pay an employee for weather-related absence?

Whilst it is unlawful for employers to deduct wages unless authorised to do so, employment contracts or staff handbooks may allow for pay deductions if staff are unable to work due to weather conditions. Without such provisions, withholding pay may risk claims for unlawful deduction of wages, breach of contract, or constructive dismissal.

Employers may wish to exercise discretion by paying staff in full or in part where they are unable to attend the workplace due to bad weather. Where this approach is taken, it should be applied fairly and framed as a goodwill gesture, without setting a precedent. Alternatively, employers could consider the following options.

Alternatives to workplace attendance

To avoid pay becoming an issue, employers can plan for alternatives during periods of bad weather. These may include:

• Flexible working / homeworking: Allow remote work during travel disruptions. Employers may also consider allowing staff to take time off in lieu and make up the hours at a later date.
• Annual leave: Offer staff the option to take paid annual leave. Due to the unpredictable nature of inclement weather, providing sufficient notice for compulsory holiday may be difficult; however, agreement can often be reached.
• Dependants’ leave: School and nursery closures during adverse weather may require staff to take time off to care for children. Employees have a statutory right to take a ‘reasonable’ amount of time off for dependants. There is no statutory right to paid leave in these circumstances, although some employers operate enhanced schemes. Employers should consult internal policies to determine whether such leave is paid or unpaid and ensure a consistent and fair approach.

Creating an Adverse Weather Policy

Clear policies help to set expectations and ensure a consistent approach to managing adverse weather. They reduce confusion and help maintain positive employee relations. An adverse weather policy should include:

• Expectations for commuting during bad weather: Guidance on whether employees are expected to attempt travel or remain at home.
• Procedures for weather deterioration: Clear steps outlining what the business will do and what employees should do if conditions worsen during the working day.
• Alternatives for attending work: Options such as flexible working, remote working, or temporarily adjusted hours.
• Steps for employees unable to attend: Clear guidance on attendance requirements and pay arrangements for those unable to reach the workplace.

Creating a Contingency Plan

A contingency plan should include:

• Identifying essential roles: Determine which roles are critical to business continuity and whether some employees can work remotely while others must attend on-site.
• Remote work preparedness: Ensure employees have appropriate equipment and that data protection and security requirements are met.
• Flexible staffing: Identify employees who live closer to the workplace or have more reliable transport options and discuss availability in advance.
• Communication plan: Maintain up-to-date contact details and a clear method for communicating closures or changes to working arrangements.

Duties of employers during bad weather

Employers have a duty of care to their workforce under the Health and Safety at Work Act 1974. Adverse weather should be factored into workplace risk assessments, including:

1. Conditions that may make opening the workplace unsafe
2. Procedures if weather conditions worsen during the working day
3. Risks faced by staff commuting in poor weather
4. Additional risks for pregnant workers or those with disabilities

Employers should take reasonable steps to reduce weather-related hazards wherever possible.

In conclusion

Employers should develop detailed strategies for managing major travel disruptions and translate these into clear, accessible policies for staff.

An effective adverse weather policy should outline expectations around travel to work, arrangements if weather conditions deteriorate during the working day, alternatives to attending the workplace, and how these arrangements will be implemented. It should also clearly explain what employees should do if they are unable to attend work and the potential implications, including whether any absence will be paid or unpaid.

Clear communication is often the most effective way to maintain good employee relations and reduce the risk—and hassle—of things going wrong.