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Is it Mandatory to Pay Employees Who Are Absent Due to Bad Weather?
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For the second successive year, Britain has been brought to a standstill with severe winter weather. As reported by the Federation of Small Businesses, an estimated 20%, or 6.4 million people, of the UK’s working population did not make it to work during the latest cold snap, costing businesses in excess of £1 billion.
According to Rob Tice, head of employment at Derby-based solicitors Flint Bishop, whilst we’re learning to cope with the icy conditions, many businesses are still struggling with the tricky decision over whether to pay staff who are absent from work through dangerous road conditions or school closures.
“Despite last year’s problems, few employers have amended their contracts of employment to take into account this scenario, which is occurring more and more often.
“Although conditions have been treacherous and many people have legitimately been unable to make it to work unless it is stipulated in their contract, employers are not obliged to pay their staff.
“As a general rule, if a place of work is open for business, then employers do not have to pay those employees who do not attend work due to travel difficulties or child care issues. However, if an employer makes the decision to close the business due to the weather, employees will usually be entitled to receive full pay unless the contract contains a temporary lay off clause.
“My advice would always be to put a formal policy in place, so that employees will be aware of whether or not they will be paid if they are absent due to a ‘snow day’. This will avoid any resentment from those employees who did make it into work when others didn’t.
“In all cases, however, you should also consider balancing your legal obligations to staff, with encouraging good working relations, morale and maintaining health and safety.”
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