Today saw (for me at least) the return of that great winter ritual – the daily scraping of the windscreen. This caused me to cast my mind back to the beginning of the year, when the cold snap wreaked havoc with countless organisations across the UK, leaving employees either unable to get into work, or without childcare as schools remained closed. Whilst employers cannot control the climate, school policy or indeed the availability of public transport, there are nonetheless measures that can be put in place to deal with issues arising from bad weather. Dealing with the matter now, rather than the minute it becomes an issue, is highly advisable and should mean less scope for confusion or contention.
Here are our tips to avoid freezing employee relations:
1. Have an ‘Adverse Weather’ or ‘Journey into Work’ Policy which describes that steps that employees are expected to take to try and get into work on time. Such a policy should also outline the consequences of being late with regard to deductions in pay or making time up.
2. Flexible Working – if bad weather conditions or public transport cancellations make it difficult or impossible for employees to get to work, consider ways of allowing employees to continue working, either from home or by working more flexible hours. Naturally this won’t be possible for all roles or environments, but it will foster goodwill if you are seen to be as accommodating as possible, even if in truth you are really only engaging in damage limitation!
3. Do consider health & safety – as an employer you have a duty of care to ensure your employees are not placed at unnecessary risk during their work. Special consideration should be given to those for whom driving or working outside constitute part of their job.
4. In general, employers should not encourage their employees to travel in dangerous weather, either during working hours or when travelling to and from work. While an employer would not normally be liable for the acts of its employees when travelling to and from work, the courts have shown an increasing willingness to hold an employer liable for the acts of its employees taking place outside working hours where the act is closely connected with what the employer authorised or expected of the employee in the performance of his or her employment.
5. If an employee does not turn up for work, or turns up late, because of adverse weather or disruptions to public transport, on the face of it the employer is entitled to treat the absence in the same way as any other unauthorised absence. Strictly speaking if they are absent from work without authorisation they are not entitled to be paid. That said, if an employee turns up late due to factors which are out of his or her control, the employer may wish to be more lenient. It should certainly investigate the employee’s reasons for non-attendance before stopping his or her pay. If it does not it may face claims of unlawful deductions from wages or constructive dismissal. Issues of regularity and objective proof of the transport disruption may also be relevant, as would the success of others in getting in from the same area.
6. While employers are entitled to treat unauthorised absence as a disciplinary matter, in the case of absence from work due to adverse weather or public transport difficulties it will not normally be appropriate for an employer to discipline an employee, unless it has good grounds for believing that the employee is abusing the system, or that false representations have been made about his or her efforts to attend work. It goes without saying that employers should take particular care that they treat all employees consistently to avoid the risk of discrimination claims.
7. If schools or nurseries are closed, employees who do not have access to alternative childcare may find that even if they could get into work despite the weather, it is necessary for them to spend the day looking after their children. This falls within the dependent leave regime of the Employment Rights Act 1996, which includes the employee’s right to take a reasonable amount of unpaid time off. This should only last until the situation can be dealt with (e.g. if closed for a week, the employer may reasonably expect that alternative arrangement could be made to allow the employee to return to work.
8. Employees must tell their employer as soon as reasonably practicable why they are away and how long they expect the absence to last. It would be unlawful for the employer to dismiss, or to impose any other measure beyond stopping pay, because the employee is absent on these grounds. The employee is not obliged to provide the employer with evidence that the school or nursery is closed as a prior condition to it allowing the leave (though this evidence may be available on the website of the school or local authority). If the employer suspects that the employee has procured the time off through a misrepresentation it can implement its disciplinary process, at which stage it would be appropriate to seek evidence of the closure.
If you need help in drafting an Adverse Weather Policy or a Journey into Work Policy, please contact us.
P4 Performance – your HR Business Partner.
http://www.p4performance.co.uk
By: Rob Stuart Hill
About the Author:
About P4 Performance.P4 Performance helps businesses develop a people strategy than underpins their overall business plan, ensuring they get the most from their most valuable asset – their people. From day to day HR support to comprehensive strategic reviews, we support businesses across all sectors whether SME or blue chip clients.
Contact email: info@p4performance.co.uk
Phone: +44 (0)870 3380 7070
