Q&A: Snow chaos and your rights

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The unusual volumes of snow have disrupted commuters, shut hundreds of businesses and caused traffic chaos in many parts of the UK.

So what are your rights if you couldn't get into work or if you are an employer and your staff couldn't make it in?

Richard Nicolle, partner in Denton Wilde Sapte's employment practice looks at some of the issues.

Q. I couldn't get to work because of the snow. Can my boss dock my pay?

Very few jobs - except perhaps some of those in industries such as construction - have a clause written into their contract saying that if employees cannot get in to work because of weather they lose a day's pay.

Employees have statutory protection against an unauthorised deduction being made from their wages, so if the employer has no contractual right to deduct pay and if the employee does not consent, deducting pay would be potentially subject to legal challenge.

In any event, given the widespread disruption in many parts of the country and travel warnings not to make non-essential journeys, it is unlikely that many managers would take this step.

Q. My child's school has closed because of the weather and there is nobody to look after them at such short notice. What are the implications at work?

This is an issue which is really going to come to the fore in the coming days.

Employees have the right to unpaid time off to deal with emergency situations regarding their dependents but this would not normally apply to a situation where the employee was required to look after their children as a result of not having any childcare arrangements.

However, it is arguable that a situation where school closures were announced in the morning would be seen as constituting an emergency situation and employees would be entitled to statutory protection for taking the day off.

Strictly, the day would be unpaid but not all employers would take this approach.

Many employers are likely to take the view that a day off in these circumstances should constitute holiday.

It is important that employers adopt a consistent approach and as far as possible provide advanced warning to employees of the approach which will apply.

Q. I am a manager and am concerned that staff might be taking advantage of the weather to have a day or two away from work instead of trying to get in. Any advice?

You need to be clear, consistent and transparent. Tell your staff what your policy is.

While the initial blizzard conditions may have made travel to work almost impossible, you may judge that the weather and transport links have improved sufficiently so that staff could get in to work.



Theoretically, an employer might contemplate disciplinary action if they felt somebody was able to work but had chosen not to.

But given this would involve complying with the minimum statutory disciplinary procedure and ensuring consistency between employees it is doubtful that many employers would want to devote time and resources to investigating the circumstances of individual workers.

Another option would be to deduct pay but this is likely to be seen as unduly draconian.

The most likely option is to require employees to take a day's leave as part of their holiday entitlement.

If you decide that any further days off will be deducted from an employees annual leave, you should communicate this to staff.

You may well find that once this has been sent out (including by phone or text message if people are away from the office) that people start finding ways and means to get in.

Alternatively, you could look at making arrangements for people to work from home but clearly in many jobs this just isn't practical.

Q. Anything else for bosses to bear in mind?

Bear in mind there is a potential health and safety implication. If authorities are telling people to stay at home unless their journey is essential then, potentially, you may not want to put too much pressure on people to return to work.

Employers have a duty of care to their employees and a potential liability may exist if employees were pressurised into travelling by car or foot when conditions were dangerous.

Employers should therefore take a balanced approach between encouraging employees to make all reasonable efforts to get to work and forcing them into a situation where they feel they have no alternative but to travel to work or risk facing possible disciplinary action.

Q. I battled in to work - even though it was difficult. Many of my colleagues didn't bother and I feel a bit aggrieved. Should I be entitled to get a day's leave in lieu?

I'm afraid not. These sorts of situations can lead to resentment among workers - especially as those who are able to make it (or in some cases, those who choose to make it) may have to work especially hard to cover those who are absent.

But while there may not be any financial reward, the chances are your efforts won't go unnoticed.

Clearly your colleagues are likely to have different circumstances than your own - so perhaps try to give them the benefit of the doubt rather than assume they have been skiving.

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Snowed-in workers should not be forced to take holiday by "scrooge" employers because they've been kept away from work over the past few days, unions have warned.

The TUC has stressed it would be "bad practice" for organisations not to pay staff or to force them to take annual leave for any time they've spent away from the office. Doing so would cause resentment among colleagues that have been kept away from work through no fault of their own, according to general secretary Brendan Barber.

He said: "Scrooge bosses who dock pay and take away holiday will add to their business woes by creating resentment among staff. Workers who have been prevented from working through no fault of their own should not have to foot the bill for the bad weather conditions.

"For many the bad weather and lack of public transport have made their commute impossible. Good employers will already have bad weather policies so that those who are unable to work are still paid."

The TUC also advised that employers should make sure that workers do not get trapped at work or put at risk if the weather gets worse.

However, Charlotte Pegman, a solicitor at law firm Hubbard Pegman and Whitney warned that, contrary to popular belief, an employer would not necessarily be to blame if a worker injured themselves due the recent extreme weather conditions.

She said: "If you slip in the car park at work or in the entrance to the office, or, if you work outside, doing your daily work, then unless your employer had the time, resources and ability to clear the snow and should have done so, there is no absolute right to damages if your employer doesn't clear away snow. Employees must take steps to mitigate their own risk."

Earlier this week the Chartered Institute of Personnel and Development praised companies that had put in place the technology and management practices to allow their people to work flexibly while the snow and ice thaws.

Some business groups have estimated the disruptions due to adverse weather conditions across the UK will cost £3.5bn in lost operations.

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Staff absences doubled today as the country was blanketed by snow - but many workers may not get paid for their no-show.

Walking to work

Many workers have struggled through the snow into work

More than two million workers are thought to have stayed at home, according to a survey for Sky News.

Just one million stayed away from work on January 8 2009, compared to the 2,567,854that called their bosses today to say they could not make it in.

Of those figures, just over half were non-medical absences, according to data from FirstCare which helps manage absences for companies.

The 2.5m figure is expected to remain the same for the rest of the week, FirstCare said.

A poll for Sky News yesterday revealed that 50% of firms had reported a rise in absences due to the snowy weather.

Those opting - or being forced to - stay at home may find themselves having to work extra hours to make up for their day at home.

Some supermarkets say there are "several options" available to staff who cannot make it in.

Tesco told Sky News Online decisions were being made at a local level over what to do about staff absenteeism.

A spokesman said there were pockets of higher absenteeism in different parts of the country.

"We are going to them with a range of options such as working in a store near to them or swapping shifts with colleagues," a spokesman said.


"But it's up to store managers to talk to staff because they know the local conditions. We are flexible with staff."

Sainsbury's chief executive Justin King told Sky stay-at-home workers would not be paid.

"Our absence policy is the same all year round," he said.

"If you are absent from work then you do not get paid.

"But we give our colleagues the option in circumstances like this to make the hours up at a different time and that's what the vast majority of our colleagues want to do."

Marks and Spencer said it was adopting a similar policy and it was up to store managers to decide what action to take.

The TUC urged employers to be fair to staff.

Hannah Reed, a senior employment rights officer for the TUC, said: "We would say it's not good employment practice to consider docking pay but rather adopt good and bad weather policies so staff are encouraged to come in to work if they can but are not penalised if they cannot make it."

An exclusive Sky News poll, conducted in association with the British Chambers of Commerce for the Jeff Randall Live programme, found that 74% of firms were experiencing disruption due to the snow.

Some 68% of businesses said problems on local roads have caused them most problems.

[norbert]

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[knackeredneedadayoff]

a royal mail spokesman said bah humbug its only cold water get your ass out and deliver.