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snowdays

Is it mandatory to pay employees who are absent due to bad weather?

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For the third successive winter, Britain has been brought to a standstill with severe weather conditions. The Federation of Small Businesses reports 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 Robert 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.”

 

Did you know you can access policy templates for HR and employment law issues including adverse weather policy along with over 60 other essential handbook policies, employment contracts and guides.

 

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Robert Tice
Head of employment
robert.tice@flintbishop.co.uk
DD: + 44 (0)1332 226 144



Carl Weston
Head of marketing
carl.weston@flintbishop.co.uk
DD: + 44 (0)1332 226 163

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© Flint Bishop LLP 2012

Flint Bishop LLP is a limited liability partnership registered in England and Wales.
Registered number OC317931. Registered office: St Michael's Court, St Michael's Lane, Derby DE1 3HQ.
Authorised & regulated by the Solicitors Regulation Authority. A full list of members is available at the registered office