Flood affecting your employees?
What happens about pay when employees can’t get to work because of floods or any adverse weather condition is a difficult question for many companies. Employers want to be sympathetic and supportive to employees, particularly for the one off occasional incident. However, the reality is this is likely to be a reoccurring issue affecting many employees, so it is important to ensure you have a thoroughly thought out policy for such absences.
Employees not being able to get to work is an increasing problem because:-
The legal position
There is no automatic legal right for a worker to be paid for working time they have missed because of travel disruption or bad weather. The exception is if it is an employer-provided transport that has been cancelled because of bad weather or travel disruption, and a worker was otherwise ready, willing and available to work. (see https://www.gov.uk)
Commercial policies
Whilst the legal position for such employee absences is clear, there may be very good commercial reasons for devising your own special arrangements. If it is important to your business that tasks are completed within tight timescales, enabling employees to carry on working is going to be far more beneficial. However, encouraging attendance should not advocate employees taking unnecessary risks with their own safety or that of others. Fairness and consistency should, as always, underpin considerations. Remember, once precedence is set, it is difficult to go back on it.
Adverse weather work continuity issues to consider:-
Business continuity
Remember that whatever arrangements you make for your employees should sit within your overall business continuity strategy. For example, customers and business partners may need to be given mobile numbers to use if offices are not manned. Conversely, if they are not able to get to their places of work, do you have contingency arrangements for how you will continue working with them?
Know the law
Please see: https://www.gov.uk and www.acas.org.uk as the following information has been taken from these two sites and may change.
There is no automatic legal right for a worker to be paid for working time they have missed because of travel disruption or bad weather. The exception is if it is an employer-provided transport that has been cancelled because of bad weather or travel disruption, and a worker was otherwise ready, willing and available to work.
Paying delayed or absent employees
There is no automatic legal right for a worker to be paid for working time they have missed because of travel disruption or bad weather. The exception is if it is an employer-provided transport that has been cancelled because of bad weather or travel disruption, and a worker was otherwise ready, willing and available to work.
Some Employment contracts and workplace policies may have special arrangements covering this kind of situation. This might include pay arrangements. Some employers might also make discretionary, informal arrangements.
Paying workers when an employer decides to close
Workers who were ready, available and willing to work will usually be entitled to their normal pay if their employer fully or partly closes their business or if their employer reduces their hours. Some contracts may allow employers to 'lay off' some staff without pay. However, it must be completely clear how the circumstances apply and anyone with employee status will usually have a right to a statutory guarantee payment.
School closures and other unexpected issues
In an emergency situation involving a dependent, anyone with employee status has the right to take unpaid time off.
Situations could include:
This time is unpaid unless a contract or policy says otherwise.
Planning ahead to minimise difficulties
An employer can provide clarity to employees and help prevent confusion by planning ahead, having a bad weather or travel disruption policy and circulating it again when potential adverse weather is on the horizon. The policy should include:
A worker can also take steps to plan ahead. They should consider:
The above article is intended to give readers an idea of the issues involved only and should not be used as the basis for legal or contractual policies or informal arrangements. You are strongly advised to seek qualified legal advice for any employment related issue, as best practice varies depending on the individual, the specific circumstances and can change over time, so you should always get full up to date advice for any issue.
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