There are few subjects us Brits are happier moaning about than the weather. Too hot, too cold, too windy - and let’s not go there with the rain.
With parts of the UK recently experiencing their coldest November night in 13 years, down to a perishing -8C, many of us were left facing tricky commutes to work.
When severe weather hits, staff are understandably concerned about getting to and from work safely and on time, childcare responsibilities if schools or nurseries are closed, and whether the working environment will remain safe.
Getting There
Generally, it’s the employee’s responsibility to get to and from work. If that’s not possible, the employer is entitled to consider this an unauthorised absence. However,
ACAS advises that if someone can’t attend work or is delayed due to adverse weather conditions, flexibility by both employers and staff should be the key.
Employers don’t have to pay someone who isn’t able to get to work because of the bad weather, or to pay for lateness.
Organisations have a ‘duty of care’ for their staff so shouldn’t encourage anyone to travel when it’s not safe. Sensible alternatives could include:
· Coming in later, once it’s safe to do so.
· Agreeing on a way to make up missed working hours so pay is not deducted.
· Swapping shifts or swapping a non-working day.
· Working from home.
· Taking an annual leave day if the disruption is known about in advance or is likely to continue. In this case, both parties must give twice as much notice as the amount of holiday they want to take.
School Closures
Snow days are wonderful for children, but not so great for parents facing unexpected disruptions first thing in the morning when they’re due in at work.
Finding alternative childcare at short notice can be difficult and the unexpected closure of a nursery or school qualifies as an emergency situation.
This means that employees are allowed a reasonable amount of time off to deal with this and make alternative care arrangements. The amount of time allowed isn’t set out because every situation will be different.
It's important to note that an employer does not have to pay staff for time off to look after dependants.
Workplace Closures
Where weather conditions mean a business needs to close or work has to be cancelled, this can’t be marked down as a holiday.
Unless the contract sets out the right to be placed on unpaid lay off, staff are entitled to be paid in full for the time they would have worked if the business remained open. If opening times are changed because of poor weather, employees must still be paid for their contracted hours even if they have carried out less work than usual.
It’s Freezing In Here
Although there’s no law for minimum or maximum working temperatures, all indoor workplaces must have a
reasonable temperature so that staff are kept comfortable, safe and can remain productive.
While a reasonable working temperature will depend on the working environment and type of work,
guidance suggests setting a minimum of 16°C for sedentary work such as desk-based jobs or where the nature of the work is relatively inactive. For work that requires physical effort, the recommended temperature is at least 13°C.
Some staff may require a warmer (or cooler) temperature due to health conditions or disabilities so a suitable solution should be agreed on with the employer.
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