Employers should develop a strategy for dealing with major travel disruptions. They will need to consider how best to ensure continuity and resilience if a significant proportion of staff are absent. They should also consider staff management issues such as whether to pay staff who are absent, whether to allow staff to work at home or instruct them to attend an alternative workplace, and how to keep in contact with staff.
The Acas guidance is here:-
Travel, weather and other issues – Disruption getting to work – Acas
Health and safety concerns
If extreme temperatures are expected, Acas advises employers to carry out a health and safety risk assessment and remove or reduce any risks found.
Acas also advises that employers should not encourage staff to travel when it’s not safe, such as where heavy snow or ice means people are told not to travel by car or public transport except for emergencies.
Policies
Refer to any relevant policies. Wigan, for example, have a specific policy. Wirral do not. Special Leave could be considered.
Should employees who cannot get to work be paid?
This is one of the key issues in relation to travel disruptions. The answer depends on a combination of rights: the right not to suffer unlawful deductions from wages, and the employee’s express and implied contractual rights.
The basic legal position is that an employer is under a duty to provide an employee with work and the employee is under a duty to perform the work. If the employer is unable to provide the work due to a school closure, then the employee has the right to be paid. Schools can consider alternatives, such as home working if appropriate.
Provided the non-performance of work is involuntary and unavoidable (for example if the school / office is closed), the employee will be entitled to their wages. There is an expectation that the employees make reasonable efforts to attend work.
If an employee is unable (or unwilling) to attend work due to the adverse weather, then you should carefully consider if the employee should be paid which will depend on the individual circumstances. You can also consider the employee using their lieu time or annual leave.
What are the alternatives?
Acas suggests that employers adopt a flexible approach and consider agreeing to staff:
- Starting work later if the weather or transport problem is expected to improve.
- Working flexibly to make up lost working time.
- Working from home or adjusting a hybrid working arrangement.
- Swapping shifts with other staff who can get in more easily.
- Temporarily changing duties to those that can still be carried out.
- Taking the time off as paid holiday.
