Winter Weather

As the winter draws in and with the fourth named storm of the season about to roll in, it is the perfect time to review your adverse weather policies.

There is no general obligation to pay employees that are unable to get to work whether due to weather, tube strikes or anything else, but depending on how an employer has dealt with these situations before and its contracts or policies, there may be a contractual requirement to pay a stranded employee.

How to prepare

• Have in place a plan for dealing with adverse weather before it arrives and publicise it in advance so that employees and managers know what to expect. Review employment contracts and policies to ensure that these reflect the way in which the business intends to handle disruptive events.

• Assess the risks and have a business continuity plan to fall back on in times of disruption.

• Review employment contracts and policies to ensure that these reflect the way in which the business intends to handle disruptive events.

There are a number of ways to respond when an employee is unable to get to work:

• Working from home.  If this is an option, when the forecast is looking grim, employees should be encouraged to plan ahead and take home what they need.
• Attending a different workplace that is closer to home.
• Taking the time as paid annual leave.  This is subject to the right to time off for dependants, where care arrangements are unexpectedly disrupted, for example if schools close, employees have a right to take reasonable unpaid time off for childcare.  This is unpaid unless the employer’s usual practice or the employment contract says otherwise.  In these circumstances, employers cannot force an employee to use up paid annual leave.
• Asking employees to make up the time.
• Paying leave for a limited period of time after which employees must make up the hours or take unpaid or paid annual leave.
• In extreme cases, closing the workplace, either because it is unsafe or uneconomical to open with so few staff. Unless the contract provides otherwise, employees who are ready and willing to work will still need to be paid.

After the event, make sure that policies are applied consistently.  The response could affect morale, particularly if some employees have battled into work and there could be resentment if efforts are not recognised. 

Is there a reasonable working temperature?

Contrary to popular belief there is no legal maximum or minimum working temperature, but health and safety guidance is that a reasonable temperature should usually be at least 16°C, or 13°C if the work involves physical effort.  A reasonable temperature will depend on the working environment and work. For example a bakery, office or cold storage could all reasonably be expected to have varying temperatures.  Employers have a duty of care to make sure working temperatures are reasonable for staff, and so if extreme temperatures are expected, take measures to make sure that staff are comfortable and safe.  Update health and safety risk assessments and remove or reduce any risks found. Measure may include relaxing any dress code so staff can wear more suitable clothing, allow extra breaks for staff to get hot or cold drinks and provide portable heaters, fans or air conditioning units.