Storm Eowyn: five common questions from employers about severe weather

What are the employers’ responsibilities if their staff can’t get to work due to Storm Eowyn?

We answer five questions about severe weather, in light of the Met Office’s rare red warning.

1. Do I need to pay my employees who are unable to get to work due to severe weather?

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You do not have pay an employee who does not work because they are not performing their contract of employment.

It is still a violation if an employee is unable to attend work due to extreme weather conditions, or other circumstances beyond his/her control.

This is one of those situations where the letter and spirit of the law say one thing but common sense dictates that a more practical approach should be taken.

Benefits may outweigh the financial burden of paying employees who aren’t working due to bad weather.

You may be able to improve the morale of your staff and enhance your reputation as an employer if you pay them on a snowday.

2. What options do I have if my employees need to work in bad weather?

Employees who are used to working from home can be encouraged to continue doing so, especially when the weather is bad.

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In the absence of such a clause, requiring an employee to stay at home during severe weather conditions will be a unilateral change to employment contracts that requires consultation with the affected staff in advance.

Before requiring employees to do homework, employers should consider health and safety issues. Some homes are not set up for temporary work.

3. Can employees use their annual leave to cover periods of bad weather when they are unable to get to work?

If employees cannot get to work due to bad weather, they may choose to take the time off as annual leave.

You can ask employees if they would like an extra day off if they cannot get to work.

Most employees would prefer to take a paid holiday than lose a day of pay.

There are some circumstances where this may not be possible. This could be the case if an employee wants to use their holiday for a foreign vacation.

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Do I have to pay my employees if I close my business because of bad weather?

You must pay your employees their regular wages if they work from home.

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If you are laying off your employees, pay them their normal salary, unless the contract allows for an unpaid layoff or if they agree to it.

5. Do I have to give them time off if they can’t take their children to the schools or nurseries closed due to severe weather? Do I need to give them time to go home when their children are in a closed school or nursery?

The law gives employees the right to take a reasonable amount of time off without pay for dependents.

This right is applicable when an employee has to take time off due to a sudden disruption in the care arrangements of a dependent.

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The employee who uses this right is required to inform you as soon as possible of the reason and duration of their absence.

This article originally appeared in January 2017.