BEST PRACTICE TIPS: Winter Weather & the Workplace

23rd December 2024

Employment law, Newbury, Berkshire.

Winter weather in the UK now regularly brings disruption to roads, transport and schools, often affecting workplaces. These are some top tips to help your HR team address the issues: 

  1. Commuting to work 
    While employers are not legally responsible for employees’ commutes, forcing travel in hazardous conditions could breach the implied duty of trust, risking constructive dismissal claims. Employers should prioritise safety with options like remote work, flexible hours, or holiday leave offered where possible. 
  2. Workplace temperature 
    The Workplace (Health, Safety and Welfare) Regulations 1992 require a ‘reasonable’ temperature, ideally around 16°C (13°C for physical work). Employers should monitor conditions, relax uniform policies, and provide suitable heating to maintain the comfort of their employees.  
  3. Workplace closures 
    If a workplace closes due to severe weather, employees ready and able to work should generally be paid unless their employment contracts specify otherwise. Employers can consider options like remote work or lay-offs (if contracts permit this). Employees who are laid-off receive statutory guarantee pay (currently £38 per day) rather than full pay. 
  4. School closures 
    Employees needing to care for children during short term school closures are entitled to unpaid time off under the right to time off for dependants. Some employers offer this as a paid benefit, so policies should be checked. 
  5. Unable to get to work 
    If employees can’t reach work due to weather, remote work or suggesting that employees take the day as holiday may be a reasonable solution. Whether it would be lawful to deduct from pay if an employee is unable to get to work owing to bad weather is unclear. Arguably, they are not ‘able’ to work so aren’t entitled to pay, but there is case law support for the fact that, if the reason an employee can’t work is an ‘unavoidable impediment’, then they shouldn’t have their wages docked. It is not clear if bad weather would be regarded as an ‘unavoidable impediment’. 

An Adverse Weather Policy can be used to clarify the business approach, ensuring clear communication and proactive planning to manage disruptions smoothly. 

If you need help with these issues or drafting a suitable policy, please contact our employment team at 01635 896336 or email us at hello@fentonelliott.co.uk

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