Employers – what should you do on a snow day?

With thousands of workers’ journeys being impacted by snow and ice over the past few days, many employers are considering what their options are in such instances. Although such weather conditions may only prove to be an issue once or twice a year, it is best to be prepared on how to deal with both employees and self-employed persons that may experience difficulties in getting to work.

Employees

Employers have a duty of care to not put their employees at risk, and so employees should not be encouraged to travel when it may not be safe. Communication is vital as circumstances can change quickly, and employers should endeavour to keep their team aware of changing conditions.

In respect of options that you may give an employee, they are as follows:

• If they have everything they need at home to do so, suggest that they work from home until conditions approve.

• Suggest an alternative form of travel, if it is safe to do so.

• Allow them to work flexible hours so they can make up on any lost working time.

• Let them come in later that day if conditions are expected to improve.

• Allow them to use a holiday day if they wish.

In regards to pay, the existing policies and the employee’s contract should be checked to confirm if there is a provision in place in respect of this. This is due to the fact that employees are not automatically entitled to pay if they are unable to get to work, although a contract may state otherwise, in which case you will be bound by this.

Self-Employed

With self-employed persons, the above differs in that self-employed agreements should include a clause in respect of an unexpected event preventing them from working. This allows the manager to set out their expectations in these circumstances, and for there to be no ambiguity for either of the parties.

Similarly to employees, communication is key and employers should ensure to keep the self-employed persons updated, and vice versa. This will allow for the smooth operation of a business to continue as best as it can in the event of adverse weather conditions.

How we can help

At Buxton Coates Solicitors, we recommend that employers have a plan in place to cover what will happen in the event of an adverse weather event and / or significant travel disruption, and keep this in mind when preparing self-employed agreements. If you would like any support with this, please contact our Employment & HR team on 0330 088 2275 or via email at Employment@buxtoncoates.com.