|
|
|
|
Do I have to pay employees who turn up to work late or do not turn up at all due to severe weather conditions or disruptions to public transport?
There is no obligation to pay employees who fail to attend work or who arrive late due to
bad weather or disruptions to public transport for the missed time, unless there is
specific provision for such absence to be paid in the contract of employment. The burden
is on the employees to get to work and the obligation to pay under the contract of
employment arises only where they are ready, willing and available for work. If
employees fail to turn up for work or turn up late in these circumstances, you are under
no obligation to pay them for time not worked, even though their absence or lateness
was through no fault of their own. A failure to pay an employee in this situation is not an
unlawful deduction of wages under the Employment Rights Act 1996 because there is no
contractual right to any such payment.
However, if employees are having problems getting to work due to bad weather or
public transport disruptions, you may wish to consider making some accommodation
for them. You should first encourage the employees to explore alternative means of
transport, for example other public transport options, walking, cycling, travel by car or
car-sharing with other employees.
|
If my business allows it, should I let employees work from home?
If an employee is still unable to attend work, you may wish to give consideration to
whether or not the employee could usefully work from home or from an alternative local
office until the travel situation improves, or whether or not the time could be made up at
a later date. If these are not viable options, the alternatives available for you are to advise
the employee that any time off work in these circumstances will be unpaid, paid or paid
on a discretionary basis but in exceptional cases only. You could also suggest that the
employee take paid annual leave if he or she wishes to be paid for the time off.
|
If employees cannot make it in to work, can I require them to take annual leave instead?
You cannot insist that an employee take annual leave without giving appropriate notice.
Such notice should specify the day or days on which you require the employee to take
leave and must be at least twice the period of leave you require the worker to take. For
example, if you require the employee to take one week’s annual leave at a particular
time, you must give the employee at least two weeks’ advance notice.
However, there is nothing to stop you asking if an employee would like to take a
day’s holiday because of being unable to attend work on that day.
|
If I close the business because problems with public transport stop employees from turning up to work, do I have to pay staff?
You may choose to close your business if disruption to public transport means that a
significant number of your staff, or a few key individuals, cannot get into work.
Bad weather such as heavy snow can cause major operational
difficulties for small businesses as well as issues in the
workplace including: staff turning up to work late or not at all due
to travel disruptions; matters relating to the closure of the
business; and health and safety concerns.
Depending on the nature of the work, some employees may be able to work from
home, in which case you must pay them their normal wages.
If employees are not able to work due to your decision to close the business
temporarily, this will in effect be a period of lay-off. You should pay the employees their
normal wages during this period, unless there is a contractual provision allowing for
unpaid lay-off, or the employees agree to being laid off without pay. In the absence of
the employees’ consent, or a contractual right to lay them off without pay, a failure to
pay them would amount to a breach of contract on your part. Employees may also
claim that you have made an unauthorised deduction from their wages.
What if employees have a contractual provision for a period of
lay-off without pay?
Even where there is contractual provision for a period of lay-off without pay, the
employees may be entitled to a statutory guarantee payment, up to a maximum of
£22.20 for any day when work is not available.
To be eligible for a guarantee payment, an employee must have at least one month’s
continuous employment ending on the day before the day the business is closed. He or
she must remain on standby to be available for work if you reasonably request this.
There is no obligation on you to pay an employee who unreasonably refuses an offer of
suitable alternative employment for a day when the business is closed.
|
Is there a minimum workplace temperature below which employees cannot be expected to work?
The Workplace (Health, Safety and Welfare) Regulations 1992 states that, during
working hours, the temperature in all workplaces inside buildings shall be reasonable.
However, the Regulations do not provide a minimum workplace temperature. Whether
or not a temperature is reasonable will depend on factors such as the nature of the
workplace and the type of work that is being carried out.
The Health and Safety Executive provides guidance on the Regulations, which
recommends a minimum temperature of 16°C for workplaces where the activity is
mainly sedentary, such as offices. For workplaces where much of the work involves
physical effort, the minimum recommended temperature is 13°C.
XpertHR Small Business has a model severe weather and disruptions to
public transport policy setting out how you should manage employees who
face difficulties attending their place of work and returning home during
periods of severe weather or when there are disruptions to transport.
|
|
|
|
|
|
|
|
|
|
|
| Return
to Employers Main Page |
|
|
|
|
|
