Staff Pay And 'Snow' Days

Over the past few weeks, major snowfall has disrupted many local businesses. Traffic chaos and temporary suspension of public transport have meant some workers have been unable to attend the workplace.

With forecast of further snowfall, Mark McKeating of Hill Dickinson LLP considers whether local businesses are required to pay their staff for a "snow day".

Does an employer have to pay employees who cannot attend work?

In broad terms, if the workplace is open, and unless it is expressly provided for in the contract of employment, then the answer is no. Employees have a duty to attend the workplace unless they are sick, on annual leave or have some other authorised absence (e.g maternity leave).

Therefore, any employee who fails to turn up to work because of being "snowed in" is absent without authorisation. As an employer you have the legal right to deduct pay for the days the employee is off work.

However, a degree of caution should be exercised. The employer should consider whether it is in the best interests of their business not to pay employees. Deducting wages from employees "snowed in" could lead to a long term loss of morale amongst staff.

The employer should also have regard to the employee's circumstances, for example, has the employee taken time off to look after their child following a school closure. Penalising any employees in this predicament could potentially expose your business to a claim of discrimination.

Can the employer offer any alternatives?

We recommend that the employer considers alternatives to accommodate the employee's absence. Examples are:

• Working from home.
• Propose that the employee takes the day off as holiday.
• Reach an understanding that the employee will make up the lost time in due course.
• Suggest to the employee that they take the time off as emergency dependant's leave if schools close and they are required to look after their children.

"S-no-w excuse"?

If you have a reasonable belief that the employee is using the snowfall as a false excuse for their absence from the workplace, then it may be appropriate to consider disciplinary action.

Minimising future disruption

In the short term, communicating to employees that any further time off due to "snow days" will be made up or taken as a holiday may act as a sufficient deterrent to those employees abusing the current position to their advantage.

In addition, employers should consider introducing an "adverse weather policy" or amending its current absence policies to cover "snow days", so that their employees will know what is expected of them and the options they have if they are "snowed" in.

Should have any further questions on any of the above issues or other employment law queries you can contact Mark McKeating on 0151 600 8000 or mark.mckeating@hilldickinson.com