News | Dreaming of a white Christmas - do you have to pay?
The bookmakers odds on the dream being a reality are probably pretty low now, probably exactly the same as the odds of disruption to your business, with organisations brought to a standstill around South Yorkshire and absence levels soaring as employees are unable to get to work.
Of course the weather conditions are out of everyone’s control and many employees feel that as they simple can’t get to work, they are entitled to be paid. So what, exactly, are your obligations regarding pay in these circumstances?
Generally, if your workplace is actually open, the onus is on your employees to come to work – even in extreme weather conditions, otherwise any absence as a result of being ‘snowed-in’ is unauthorised and you do not have to pay. Do take care as there are of course contractual implications regarding unauthorised deduction of pay from employees’ wages.
If you don’t already deal with the subject of non-attendance at work due to bad weather in your interview and contract of employment – you should do, as it ensures that employees are fully aware of their obligations, and makes the decisions when it actually happens much easier.
In practice, of course, things are not as clear cut and you are likely to have to make some choices which will balance staff safety, working relations and morale with your legal obligations.
If your business is open, you could encourage employees to use safe ways to get to work, other than their usual mode if that is unavailable – and let them know that you understand that this may take longer than normal. You can also advise that any time off taken will be unpaid or your employees can choose to use holiday leave (but beware that employers cannot force employees to take holidays unless it is allowed in the contract of employment). You might also allow employees to take time off with pay – on the proviso that they make the time up at a later date, or you may be in a position to allow your employees to work from home, many have the technology to allow this these days.
School closures also cause chaos for businesses and for parents themselves if they have to stay at home to look after the children. Again you can offer the options of time off without pay or using holidays, but the law also allows parents to take time off when there is an 'unexpected disruption to childcare'. Of course it could be argued that a school closure is not the same as a disruption to 'childcare', however, closures are regularly announced first thing in the morning and if alternative arrangements cannot be made at such short notice, it could be argued that this is an emergency situation, in which case employees would be entitled to take the time off (unpaid unless there is alternative provision in place). You do of course need to ensure that the approach you adopt for employees without children is consistent.
There are of course going to be incidents where staff call in sick in adverse weather conditions, so you need to ensure you follow your sickness absence policies and return to work interviews – which often deter people from taking the odd day off. Unfortunately, there may also be situations where staff choose to use the weather as an excuse not to come to work, when they really could attend – which could be a disciplinary offence. Again you need to ensure that you follow your policies carefully in dealing with these incidents.
Finally – you need to be aware that if you choose to close your business due to the weather and tell your staff not to come to work, they will be entitled to full pay.
All in all, you need to assess the situation, communicate with staff regularly and decide whether not paying employees would be in the best interests of your business. If you do make payment, you might also wish to make sure that the efforts of staff who do make it into work do not go unrewarded and consider incentives - perhaps with time off on a different occasion.
2nd December 2010
