We may be approaching Spring but Winter hasn’t finished with us yet.  Storm Doris caused widespread damage across the UK, resulting in roads blocked by fallen trees, train cancellations, flight delays and misery for many commuters.

A winter wonderland of snow can be pretty but bad weather, particularly torrential rain, can cause real damage to homes, businesses and livelihoods.  Just ask those in Lancashire and Cumbria that were affected by another named storm, Desmond, last winter; some of whom are only just getting back to normal.

As an employer, adverse weather can be extremely difficult to manage.

Can you expect employees to attend work?

In periods of adverse weather, employment law guidance requires employees to make a ‘reasonable effort’ to make it into work.  This terminology is quite vague, however, and is therefore somewhat open to interpretation.  To avoid confusion, you might choose to make it clear to employees in advance (if bad weather is forecast) that if they do not make reasonable efforts to get to work, they will not automatically be entitled to be paid.

Do you have to pay employees if they cannot attend work due to adverse weather?

The short answer here is ‘no’.  Employees have a responsibility to get to work under their own steam and should they not be able to do so for any reason, you are not legally obliged to pay them.  Having said this, most employers will exercise discretion in the event that their staff cannot attend work due to adverse weather.  Employers may consider whether any alternative sites of work are available as a temporary solution or else allow home working if appropriate.

A word of caution though, as well as employees being unable to make it into work, you may be forced to close the business premises; effectively stopping employees from being able to work regardless of their attempts to make it in.  In such circumstances, you may be required to pay staff.  If you operate in an area particularly susceptible to poor weather, it could be prudent to have a back-up plan in place.

What if employees take risks to get to work? Are you liable?

Although you will want to try and retain your normal business function so far as possible, therefore requiring staff attendance, you should be mindful of having too strict an approach here.  If a member of staff compromises their safety in attempting to get to the workplace, you could be found liable.  You should therefore take the opportunity to express to staff in an unambiguous manner that they should not take risks in attempting to get to work.

As a safeguard, employers may consider creating an explicit adverse weather policy. This can be useful in aiding consistency, reducing the risk of disputes and helping avoid the demotivation that can arise from confusion, assumptions or misunderstanding.

For more help or advice on this area, please get in touch with us http://www.kmchr.com