As we recover our equilibrium after the disruption caused by last week’s snow storms many employees are complaining about losing out on pay or holiday time because they couldn’t make it in to work. Should “snow days” be treated as a case of “no work, no pay”?
There is no cut and dried answer to this question. It’s all rather confusing: on one hand police and transport authorities urge people not to travel in the face of a country-wide red alert; on the other workers are often confused about whether they will be paid if absent, while some employers are insistent about their staff turning up no matter what.
What is clear is that – according to Acas – there is no automatic legal right for a worker to be paid for time they have missed because of travel disruption or bad weather. The whole grey area of extreme weather effects on the rights of workers and employers seems left mainly down to discretion and individual arrangements. The problem is that these weather disasters are sprung upon us with little notice, and because they are fairly rare, no-one worries about them much until they happen!
It’s fair to say (and Acas agrees) that if an employee turns up to work despite bad weather or travel disruption only to find the employer has closed the business or reduced their hours, he or she is “usually entitled to their normal pay”.
Ideally, plans for dealing with such circumstances should be written in to employee’s contracts. Failing that, employers need to convey their plans to their employees so that when extreme weather causes problems, everyone knows what to expect.
OPTIONS FOR EMPLOYERS
There are many options open to employers besides closing up the business for the duration. Which option/s suit you is dependent on the nature of your business, its locality and the circumstances of your staff members. As an employer you should be flexible, fair and consistent in dealing with any situation affecting your staff, whether it be a bad weather event or any other disaster.
If there is time to consult before the bad weather hits, you can offer your workers the option of working from home (if this is feasible), taking the time off as part of their annual leave allowance (with the required statutory amount of notice from you), or arranging for them to make up the time at a later date.
If none of these options are suitable, or you are caught unawares, you can withhold payment for the time they are absent, but think carefully: you may end up making your staff resentful, eroding morale and damaging your reputation as an employer, all for the price of a day’s wages.
Employers have a duty not only to consult with their staff about bad weather or travel disruption policy, but also to maintain good communication with them during the event.
Knowing where they stand with any situation that might arise in their employment is vital if your staff are going to stay motivated, loyal and productive. The whole issue of how you handle staff absence has the potential for conflict, which can best be avoided by having clear policies in place for all eventualities, and making sure your workers are fully aware of them.
Let’s face it, a happy workforce is the most valuable asset a business can have, so it is well worth making sure you treat your staff fairly and don’t make unreasonable demands (like coming in to work during extreme weather events) that put their health and well-being at risk. There also has to be some measure of trust between employer and employee, that each will do their best to keep the business up and running, no matter what the circumstances.