What are Employer Obligations when it comes to Weather Warnings?
When a red alert weather warning is issued, extreme conditions such as storms, flooding, or heavy snowfall can make it unsafe to travel to work or continue business operations. During these times, many employees question their entitlement to pay if they cannot attend work or if their workplace is closed. Employers have a statutory duty to ensure (as far as reasonably practicable) a safe place of work. Equally, they have a duty to ensure they do not compromise the safety of their employees in travelling to and from work.
While not a legal requirement, prudent employers are advised to put in place a practical Adverse Weather Policy clearly setting out the employer’s approach to situations of extreme weather. Communication with staff is key and employers should ensure they have up-to-date contact information for all employees to advise of workplace closures and prevent unnecessary journeys.
Terms and conditions of employment
Where a contact of employment does not include an Adverse Weather policy, there is no statutory entitlement for an employee to be paid if they cannot attend work because of extreme weather. Any more beneficial arrangement is a matter for agreement between the employer and the employee.
Absence due to unsafe travel
If the workplace remains open but it is unsafe or impossible for employees to travel, pay entitlement may depend on the specific circumstances:
Employment Policies: Some employers may have policies that allow paid leave in such scenarios.
Annual Leave: Employers may allow or require employees to use annual leave to cover their absence.
Unpaid Leave: In the absence of specific policies, employers may classify the time as unpaid leave, unless otherwise stated in the employment contract.
Remote work options
If a role allows for remote work and the business remains operational, an employer may request employees work from home during the weather disruption. In such cases, employees are entitled to their usual pay.
Employer discretion
Employers are encouraged to act reasonably during red alert weather warnings. This includes considering the safety of employees and providing clear communication about expectations. Offering flexibility, such as remote work, altered schedules, or discretionary pay, can foster goodwill and maintain productivity.
