As the leaves begin to change colour and the days become shorter you may already be experiencing some trepidation about winter. Snow in particular whilst beloved of children and skiers can cause serious disruption and inconvenience, especially for employers and employees.

Employees have an obligation to attend at their workplaces unless they are sick or on authorised leave. This means employers can treat absences as unauthorised if the employee fails to attend because of the weather unless their contract of employment specifically provides otherwise. Employers are not obliged to pay employees for unauthorised absences. However, this rule becomes somewhat blurred if the employee cannot safely attend work. Employers must consider the safety of their employees, and employees should not feel under pressure to travel if it is unsafe to do so. Official weather warnings should be observed where relevant.

Employers cannot force employees to use their holiday entitlement for the unauthorised absence although this may be negotiated between the employee and the employer. Employers should consider discussing the absence with the employee and consider allowing the employee to make up the time or permitting the employee to work from home if this is possible.

Employers should consider the needs of employees with children especially if the schools are closed. Legislation protects parents who require tomake arrangements for unexpected disruption to childcare, so employers must accommodate this. Employees should be aware that this time off will most likely be unpaid, unless the employer agrees otherwise.

If the employer decides that it is not safe to open the office at all because of the weather the employees must be still be paid unless there is a specific clause in the contracts of employment which permits the employer to not pay the employees in these circumstances.

So before the weather turns frightful consider the following to see you through until spring:

Employers

• Consider devising a bad weather policy for your business to make your employees aware of their rights and responsibilities.
• Consider whether flexible working hours or working from home might be a possibility for your employees should a spell of prolonged bad weather arise.

Employees

• Be prepared for bad weather by expecting journey times to be longer and considering other methods of transport.
• Consider discussing flexible working hours or working from home with your employer prior to the bad weather beginning so that arrangements can be put in place in advance.

For further Employment Law advice please contact a member of the Court Department on 01224 581581.