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Snowbound workers could face pay dock warns DLA Piper Birmingham

People are likely to be docked pay if they can't make it into work through the snow, a legal expert has warned.

Nick Jew, partner and head of employment law at DLA Piper in Birmingham, said many recession-hit firms fighting for survival simply wouldn't be able to afford it.

But he cautioned that employers had to tread a delicate tightrope - there could be health and safety implications if staff felt pressured to get into the office, come what may.

Mr Jew said: "The bad weather has caused chaos on the roads and rail network across many parts of the UK, and the Midlands has equally been badly affected.

"Many employees have found themselves unable to reach their workplace, leaving companies understaffed and in some cases struggling to cope. In these tough economic times employers cannot afford to let an unexpected cold snap bring business to a grinding halt."

So, what are the implications for employers when staff are unable to get in because of adverse weather conditions?

"Generally speaking, the onus is on employees to get to work, regardless of the severity of the weather conditions," said Mr Jew. "If they fail to turn up in such circumstances, there is no obligation to pay them. Legally, the employer would be entitled to deduct pay for any time taken off work as a result of the snow. And, if employees fail to notify you that they will be late for work, or are unable to get into work at all, in the absence of a good reason this will constitute a disciplinary issue.

"However, employers also need to bear in mind their health and safety obligations. Employees should not feel pressured to risk their safety to get into the office.

"Employers should also consider the negative impact on morale and the administrative burden of calculating loss of pay."

Consequently, said Mr Jew, they might wish to look at alternative solutions, depending on business needs.

"For example, if an employee's normal mode of travel cannot be used because of disruption due to severe weather conditions, the employer should first encourage them to explore alternative means of safe transport. Large employers may be able to assist by providing regular updates on the situation by email or on an intranet.

"Alternatively, employees may be able to work from home until the weather situation has improved. If this is not possible, they should be told that any time off work will be taken as annual leave, or will be unpaid, or paid on a discretionary basis, but only in exceptional cases."

Mr Jew said employers would do well to put into place an 'adverse weather' or similar policy to reduce scope for confusion, particularly as climate change may lead to an increase in the frequency of extreme weather conditions. This could form part of a more extensive 'business continuity' plan for dealing with emergencies.

Pointing out how the Federation of Small Businesses recently estimated that in one week alone 6.4 million people across the nation were unable to get to work, at a cost of between £1.2 billion at best and £3.5 billion at worst, he stressed: "The enormity of these figures means that businesses can no longer fail to forward-plan for inclement weather.  

"Plan ahead now and next time the weather takes a turn for the worse you can be confident that for you, at least, it will be business as normal."

 

 

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Article published by Midlands Business News on 6 January, 2010

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