Lawyer explains workers’ rights amid snow weather warning

As the Met Office issues warnings for ice and snow across the UK, an employment lawyer has issues advice on workers’ rights in these conditions.

Travel disruptions are expected as temperatures plummet, followed by a three-day snow warning from Saturday to Monday.

With yellow weather warnings in place, many across the country are facing challenges getting to work or managing school closures.

Neha Thethi, head of employment at Lime Solicitors, explains workers’ rights - from pay entitlements to emergency leave.

On whether employers have to pay their staff who cannot make it to work, Neha says: “Whether employees get paid on days when they cannot make it into the office will largely depend on their contract of employment.

“Many employers will have a ‘bad weather policy’, so it is always worth checking your contract.

“However, on a general note, employers do not have to pay employees who are unable to get into work, subject to their contract.

“Employees are expected to make reasonable efforts to attend work despite any severe transport disruption or road closures.

“However, it is usually best practice to be flexible in these circumstances by allowing employees to request the time off as annual leave or to work from home.

“With the help of technology and working adjustments made during the coronavirus pandemic, many employees should be able to work from home.

“However, it is important to remember your employer should not force you to attempt the journey if there are legitimate concerns for your safety.”

Neha warns employers should still pay employees if the workplace is forced to close for the day.

She added: “If your employer has closed the office because it is inaccessible, they should usually still pay employees for that day.

“Withholding pay when employees are unable to work through no fault of their own could be considered as an unauthorised deduction from wages.

“In those circumstances, employees may be able to bring a claim against their employer.

“However, it should be noted that some employment contracts contain a temporary ‘lay-off’ clause.

“If this is the case, employers can refuse to give the full amount of pay to employees to a limited time.”

Another contentious issue is whether employees can take time off work due to school closures.

Neha says: “Schools are often closed when there is bad weather, forcing many employees to stay at home to look after their children.

“If a school was closed at short notice, this would constitute an emergency relating to a dependant, in which case, you would be entitled to take time off as dependency leave.

“This type of leave does not have to be paid. Your employer cannot refuse you dependency leave if you have no other choice, and you cannot be disciplined or sacked for taking the time off.”