Snow chaos and getting to work

The latest advice from Melissa Edmond, Employment Law Solicitor :

It has snowed heavily overnight and you have just heard on the local radio that the schools are closed.  There’s no-one to look after your children.  What do you do about work?

Employees may not be aware of this but they have a statutory right to take time off to deal with emergency situations involving their dependents.  The right applies to male and female employees and encompasses a range of situations including where there is an unexpected disruption or breakdown of care arrangements for dependents, or where an unexpected incident arises involving the employee’s child during school hours.

Where a school closure is only announced in the morning, this arguably constitutes an emergency situation affording the employee protection for taking the day off.  Strictly speaking the employee would not be paid in this situation, but not all employers would take this approach.

The roads in the village are treacherous.  If you don’t make it to work will you lose a day’s pay?

Deducting pay could potentially be subject to legal challenge.  However, our view of the legal position is that strictly speaking an employer is under no obligation to pay employees if they fail to turn up in these circumstances.  The onus is on employees to present themselves for work regardless of the severity of the weather.

Notwithstanding the above, in a situation where people are being told not to make non-essential journeys, and may put themselves at risk of harm by attempting to get to work, it is not good HR practice on an employer’s part to deduct from an individual’s wages in these circumstances. 

There are a number of options available to employers in this situation.  They may decide to exercise their discretion and pay employees who cannot travel to work because of the icy conditions as a goodwill gesture.  Employers and employees may decide together that the employee will take the time off as holiday leave, or that the employee will make up for time lost by doing overtime at a later date.  Employers may also look into making arrangements for people to work from home (although this isn’t practical in many jobs).

For further information about Employment Law contact Melissa Edmond, Solicitor on 01227 763939.