What rights do employees have for working in severe weather?

GLASGOW, UNITED KINGDOM - FEBRUARY 28: Vehicles drive through snow on the M8 in Glasgow on February 28, in Glasgow, Scotland. Freezing weather conditions dubbed the 'Beast from the East' bring snow and sub-zero temperatures to the UK. Amber warnings are in place in northern England, the East Midlands, London, the east and south-east of England. Scotland's weather warning has been upgraded to red, which means risk to life, widespread damage, travel and power disruption are likely. (Photo by Jeff J Mitchell/Getty Images)

Warnings have been issued over "treacherous conditions" being caused by blizzards in the UK on Thursday night and Friday morning.

Three amber warnings for northern England, the Midlands, North Wales and Northern Ireland have been issued by the Met Office where "significant disruption" to transport and power supplies is expected.

Three yellow warnings for snow also cover much of the rest of the nation, with the exception of southern England and western Scotland.

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So what rights do people have when it comes to working in severe weather? Do businesses have to pay employees who can’t get to work? What about if a child’s school closes? Can an employee stay home?

Kate Palmer, HR advice and consultancy director at Peninsula, said: "It is an employee’s responsibility to arrive at work on time, however, employers will need to exercise understanding of everyone’s individual circumstances.

"Public transport may be cancelled or delayed, and roads may be dangerous, impacting an employee’s ability to get to work, either on time or at all. But there are several options available to employers to keep business disruption to a minimum.

"Obviously it is not possible for all businesses, but where employees can work from home that could be the simplest and most cost-effective solution. Where remote working isn’t feasible, employers should allow more leniency with weather related absence/lateness.

"Employers could agree that employees use their annual leave, or they could even require them to take annual leave – but note that a notice period twice as long as the enforced leave is required to be given so this may not always be possible. Employees could also utilise their banked time off in lieu.

"However, if much of the workforce is unable to get to work, it may be challenging to resume business as normal. Employers may have to look at whether it's better to close for the day, in which case they will still need to pay employees’ their usual rate - unless there’s a specific ‘lay-off’ clause in the contracts of employment that stipulates otherwise.

"The most effective way to manage disruption is to have a Severe Weather Policy in place. This should outline the businesses expectations, confirm what staff should do in severe conditions, what their rights are, and the steps the employer has taken to keep the workplace and its employees safe. All staff should have sight of this policy and sign it to communicate their understanding."

Gavin Scarr Hall, director of health and safety at Peninsula, added that employers also need to consider the health and safety implications of the recent extreme weather.

He said: "Ultimately, legislation places an obligation on employers to protect the health, safety, and wellbeing of their staff – so putting employees at risk by insisting they make a dangerous journey to work could be a problem.

"In addition, employers must ensure that staff who drive for work are fit, competent, and capable of handling severe driving conditions, while also ensuring that the routes they will be driving are safe and hazard free.

"Asking employees who depend on public transport to work when the service is affected could lead to them being in an accident, especially in hazardous driving conditions. If that happens, employers face an increased risk of a claim. While all employers want to maintain business as usual, sometimes a snow day is the safest option."

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