Kelly Taylor, a solicitor in the employment unit at Langleys, clarified bosses do not have to pay staff on days where they are unable to get to work due to adverse weather conditions. That is, unless it is stated otherwise in the employee’s contract or staff handbook.
“However,” Kelly added. “If the employer makes the decision to close their office because of snow, and the employees are willing or able to come into work, then there should be no deductions from the employee’s wage.”
Employees have an obligation to turn up to work, unless they have arranged and agreed with their boss to work from home or take it as unpaid leave. If they do not make these pre-arrangements, then there is no legal obligation to be paid for that day.
“There is no such thing as a free day off to frolic in the snow,” Kelly said. “Unless your boss is feeling festive or showing a bit of seasonal spirit, a bit of snow simply does not give you the excuse to stay tucked under the duvet with a day of building snowmen ahead. As nice as that sounds!”
Bosses need to make it clear to staff, either in their contracts or staff handbooks, that absence due to bad weather is an unauthorised absence. “I think Snow Days can cause a lot of upset in offices, especially as some may make it in every day regardless of the weather, and others say they cannot get their car out. It is important to be fair - employers need to assess the demoralising effect of docking wages or causing an employee to take annual leave through no fault of their own.”
Kelly added: “Some employers have ‘bad weather policies’ which provide for situations where the employee cannot get into work. Such policies allow employees to know what is expected of them when severe weather strikes and this ensures consistency in such situations across the business. The policy should deal with the issues of pay, communication of non-attendance, working from home and guidance about workplace closures.”
Employers should keep an eye on weather conditions throughout the working day to ensure that employees can travel home safely without the risk of being trapped at work.