Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

This month's question:

What are employers' legal responsibilities in managing employee attendance and business continuity during severe weather events?

Employers have a duty to take ‘reasonable care’ to ensure the health and safety of their employees. Employers are required to conduct a suitable and sufficient' risk assessment to highlight and mitigate risks to employees' health and safety, including those posed by extreme weather conditions. 

Notably under the Employment Rights (Northern Ireland) Order 1996 an employee has the right to be protected from suffering a detriment for leaving or refusing to attend a workplace, or for taking steps to protect themselves in conditions of danger in circumstances which the employee reasonably believes to be serious or imminent. This extends to travelling to work if the employee believes it to be risky to do so.  

It is crucial for employers to develop, implement and maintain an adverse weather and travel disruption policy. This policy should outline the actions employees are expected to take to get to work, procedures to follow if they are late or unable to attend, and whether they will be remunerated for such absences. The policy should also address how absences or delays will be managed, provisions for homeworking, and any flexible work arrangements.   

This plan should be clearly communicated to all employees. Employers should also ensure that the policy is applied consistently to all employees to minimise the risk of potential discrimination claims.