The heavy snowfall across Wales has caused chaos for employers. Many businesses have been forced to shut their doors, and others are operating reduced hours with only a skeleton staff.
Christian Edwards from John Collins and Partners LLP, said:
“The snow has caused chaos across Wales as a whole, and whilst Swansea hasn’t been the worst hit in the country, this week many businesses in the area have suffered due to factors such as staff absences, or lack of goods deliveries.
“Many companies have seen the bulk of their workforce snowed in completely, and gridlock on the roads or delayed and cancelled bus and rail services have had a huge affect on the workforce. Working parents have also found themselves in a tricky situation as many local schools were forced to close.”
The arctic conditions have left businesses trying to balance the needs of their customers with the safety of their staff. Employers have a duty to take reasonable steps to protect the health and safety of their staff in the current difficult conditions, and according to Mr Edwards, there are a number of ways in which they can do this whilst also protecting their business.
“Encourage your staff to only undertake “safe” journeys. If they can get into work without problems they should be encouraged to do so, but it is not a good idea to put pressure on staff to come into work when their journey is likely to be difficult. Similarly, if staff are required to drive as part of their duties, consider allowing them to undertake alternative work. If an employee has a road traffic accident when driving in dangerous conditions the employer might be held liable.
“If possible, allow staff who will struggle to commute into work to work from home, or alternatively another more convenient location, and allow flexibility regarding working hours – consider allowing staff to start work late or leave early.”
Employees who have been unable to get to work because of the weather conditions may also be concerned about their rights when the current conditions make their commute to work impossible.
Christian commented:
“Your employer is not duty bound to pay you if you don't turn up for work, even if prevented by the weather. Some employers will use their discretion and not deduct pay if employees have made attempts to get to work, and of course these days many employees can work from home, but the average employee has no right to be paid unless they actually work.
“Although failure to turn up to work is technically a disciplinary offence, in cases of extreme weather conditions it would usually be unfair for the employer to take disciplinary action if the employee has either attempted to get to work or has been unable to access public transport.
“Only in the case of workplace closure is there a case for employees to have a right to pay in any event. In the case of not being able to get to work or having to care for dependants, the law is fairly clear that while employees can remain off work, there is rarely a right to pay.”
For a further discussion on any area of the law with JCP please call 01792 773 773 or email law@johncollins.co.uk
