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As more snow is forecast, employers need to check their small print
The painful affects of snow on businesses looks to be continuing, according to the weather man. Employers are well advised to act quickly to formulate or review their policy on absence due to severe weather, and to make sure that staff are aware of the company's policy.
Remember January 2010! Hundreds of millions of working hours were lost due to the weather conditions and 2011 looks like its going the same way.
Employers may feel that it is only fair to refuse to pay staff who fail to make it to work. Isn’t it the employee's responsibility to get to their place of work? That can’t always be done on the grounds of absence as it depends on the circumstances. Take the following examples:-
A healthy employee, fifteen minutes walk from the work, hears reports of traffic chaos. The trains are at a standstill and the Police are asking drivers to stay off the roads. The employee decides to use this as an excuse to spend the day at home. This is a disciplinary matter and he will not be entitled to pay.
An employee living twenty miles from work hears the same story on the radio. With no access to a train and a drive against official advice, an employer cannot reasonably expect them to travel to work and so different criteria apply; how he/she is treated will depend on their employment contract and the company's severe weather policy.
There are various ways in which you could treat the matter. Your staff manual should encourage employees to consider alternative ways of getting to work, or, if there are none, if possible encourage working from home. It should also remind employees of the terms of the employment contract. Enforcement of unauthorised absence as unpaid leave needs to be clearly set out in the contract of employment otherwise it’s likely to be an unauthorised deduction, or the absence could be treated as holiday.
A clear employment contract is essential as employers cannot unilaterally force employees to take holiday at a certain time. The contract might say that the absence will be paid, but the employee must make up the time later.
What about school closure and unavailable child care? Again, company policy should be set out in the employment contract or staff manual which might, for example, say that the employee can either take the time off as annual leave or as unpaid time off for a dependant.
Nicola Harthill, HR consultant with Fidler & Pepper Solicitors said: “Having a clear policy that all employees are well aware of will avoid disputes and reduce avoidable absenteeism. Employers should always get advice on changes to the employment contract and to company policy in order to make sure that the provisions are watertight and enforceable.”
If you need assistance with the checking of an existing policy or development of such, Fidler & Pepper HR Services can help you. Contact Nicola Harthill or Joanne Godson on 01623 4511 11.
We can help all types of businesses with their people and management needs, for more information take a look at our cost effective HR Service.
Web site content note: This is not legal advice; it is intended to provide information of general interest about current legal issues.
7 Jan 2011
