Dealing with snowed-in staff
As the mercury continues to plummet, employment lawyers are having a field day dishing out advice both to staff and their longsuffering bosses.
Weighing in on the side of the employees is Will Burrows, head of employment law at online legal advice site www.LawOptions.co.uk. He says, “Thanks to modern technology, most workplaces are either opening for reduced hours or closing completely [really? –ed] and relying upon technology to maintain communications and allow employees to work from home.
“However, bosses at those workplaces that are choosing to remain open and expect their employees to attend work could face legal difficulties and potential claims from their employees should anything go wrong.”
If the journey into work is impossible because an employee is unable to drive due to treacherous driving conditions, the employer will, Burrows says, have to accept this situation unless public transport is available and it is practical for the employee to use it. If the employee insists that public transport is not a practical alternative, the employer must, he says, also accept this, unless they have irrefutable evidence to the contrary.
He continues, “If an employer has proof an employee is able to get into work but has failed to do so, they can discipline the member of staff for unauthorised absence, but given the extreme nature of the recent weather they would have to be 100% confident of this, or risk the action being unfair. We would urge that legal advice is sought before embarking on such a course of action.”
When a member of staff is the primary carer for a child and the schools are closed, the employer is legally entitled to take time off work to care for the child, although depending on the employee’s contract, this time could be unpaid. Any form of discipline, dismissal or unfair treatment related to this would put the employer at risk of being sued.
The amount of money paid to an employee missing a day of work depends on their contractual terms. An employee who is paid by the hour/day is unlikely to receive any pay for a day taken off as a result of the weather, but an employee who receives a salary would not, according to Burrows, usually have money deducted for a day off in these circumstances.
Actual conditions and temperatures in the workplace are other factors which could create cause for concern. Employers are legally required to ensure that the temperature in the workplace is “reasonable”, with the Approved Code of Practice suggesting a minimum of 16 degrees Celsius in a normal working environment.
It is possible that putting pressure on an employee to attend work in conditions that are unsafe could result in an employer falling foul of Health and Safety legislation if that employer is injured. In extreme circumstances, the Corporate Homicide and Manslaughter Act could also come into play.
It isn’t just employers, however, who have responsibilities. Employees are obliged to get into work if they can, and Judith Watson, head of employment at Manchester law firm, Cobbetts LLP, warns employers to beware of employees using the snow as an excuse for a duvet day.
Just one day of snow-related absenteeism has been estimated by the Forum of Private Business to cost the UK economy £230 million – a figure that businesses can ill afford as the recession continues.
Although many of these absences will be unavoidable, some workers, Watson says, are using the weather simply to extend their Christmas break, citing car problems or inaccessible side roads when they could easily make it into the office using public transport.
As a result, Watson urges businesses to monitor attendance carefully, and ensure measures are in place to deal with unauthorised absence.
She continues, “Of course, employers shouldn’t make their employees come into work if conditions are treacherous. However in a minority of cases, employees may see the snow as a good excuse for a day off when they would face no real difficulties in making their commute.
“Employers need to communicate the company’s policy on bad weather and on unauthorised absence, and make it known that the situation is being monitored. Public transport companies are doing well in keeping users up-to-date, and many are running relatively normal services, despite the snow. If you find that workers are taking the day off unnecessarily, you are within your rights to take disciplinary action.
“Businesses without a clear unauthorised absence policy should work to put one in place as early as possible. It may be too late for this snowstorm, but being prepared will save valuable time and money when the next emergency hits.”
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