Inclement weather can pose problems for employers and employees alike, particularly as it is often unforeseen.

Firstly, it is necessary to consider if adverse weather scenarios are dealt with in employment contracts and/or a policy document. This is relevant because some employment contracts may contain provision for employers to put employees on short time working when an event, (including adverse inclement weather), which is outside of the employer’s control impacts on work. In such instances, the employer is unlikely to have to compensate employees for reduced hours (however this will depend on the exact wording in the contract).  For employers who do not have such contractual provision, a decision to send employees home without pay could amount to a breach of contract and failure to pay employees in these circumstances could lead to successful unlawful deduction from wages claims being made against the employer.

Even where contracts permit lay off without pay, employees may be entitled to a statutory guarantee payment for a complete ‘workless day’ under Part V of the Employment Rights (NI) Order 1996. The maximum amount of a day’s guarantee payment is currently £28.00. Most employees will be entitled to five days’ payment, provided they normally work a five day week in a rolling three month period.

Employers should remember that they have a duty to ensure the health and safety of their employees, insofar as practicable. Therefore, employees should not be encouraged to travel in dangerous weather. Instead employers could consider alternative working measures in such circumstances, for example: allowing affected employees to work from home or to make the time up at a later date. In acting pragmatically and flexibly, employers will help ensure the prevalence of good working relationships

Nonetheless it is prudent for employers to implement an adverse weather policy which will assist in ensuring clear guidelines are in place and that employees are aware of the procedure(s) to be followed in the event of travel disruption due to inclement weather. However, as employees will have varying distances to travel to work and will also travel via different modes of transport, any such policy should have a degree of flexibility.