Do you have an adverse weather policy in place?

The bad weather is already starting to have an impact on our lives and businesses. If you are a business owner, it is important to bear in mind the effect that snow or other adverse weather conditions can have on your employees, particularly if some have managed to valiantly make their way into work when other employees have not been able to for no apparent justifiable reason.

Endeavour’s employment law team, advises businesses to consider implementing an adverse weather policy now. Such a policy should provide a framework which allows your business to operate while also enabling your employees to understand what they need to do in terms of reporting to work and whether they can expect to be paid or not.

You should always remember that more than one employment law issue may arise at any given time. For example:

• Do you have to pay their wages? This will depend on the (implied and express) contractual terms. Further, if you pay one employee and not another you need to clearly analyse why you are doing so as this might amount to, among other things, discrimination or unlawful deductions. Any policy should be applied consistently and you should bear in mind that even if you can justify non-payment, it may sour employment relations and give rise to adverse publicity.
• An employee may be able to safely arrive at work, but the schools are closed (or do subsequently close early) so the employee has to look after his / her children. Depending on how the issue is dealt with, such a circumstance may give rise to a complaint of sex discrimination. Parents are also statutorily entitled to (unpaid) time off for emergency reasons, which would be triggered in the event of a school closure.
• You might allow home-working which is often beneficial when adverse weather strikes, or indeed in other circumstances which impact on business continuity. It is important, however to give proper consideration to data protection, protection of company property and health and safety.

We advise businesses to think about their policy now, before the really bad weather sets in.

For further information, please contact Vivienne Burbidge at v.burbidge@endeavourpartnership.com