BWF members such as yourselves frequently use our Member and Technical Helplines to ask for assistance on a wide range of Employment, Health and Safety, Pay and Technical issues. We share the key points to some of these queries through our Question Centre, but, for the next few weeks, we’re also putting up a frequently asked question each week in order to help members and illustrate the type of advice we are able to provide. This week – What happens if my employees can’t get in to work because of the snow? And what if I can’t get in? In the case of severe weather disruption, an employee is only entitled to payment for a missed day of work if the company has a policy on bad weather enabling them to be paid if severe weather prevents them or makes it dangerous for them to get into work. Otherwise employers are entitled to refuse to pay for missed days but are also able to use their own discretion (providing they apply their judgements consistently).
The other options open to the employer are to:
– Allow the employee to work from home (although this may prove impossible for workshop positions).
– Allow the employee to use some of their annual leave. NB: An employer cannot decide to make this a day’s leave without the employee’s consent.
– Allow the employee to make up the hours at another time (for example, spread over the subsequent week or two).
If the employee turns up late and then decides to go home early, they are entitled to be paid for the hours they actually work. If weather closes the workshop, or for example, a key employee is unable to get to work and the workshop remains closed as a consequence, then the other employees will be entitled to be paid as they will still be available for work. If the employee is sent home early, this has the same effect as closing the workplace for part of the day. When the workplace is closed, the employer is only entitled to withhold pay for a lay-off period if the contract with the employee gives them that right. However, even in if the contract does provide for ‘unpaid layoffs’, employees are still entitled to guaranteed pay at the appropriate rate for the first five days’ lay-off in any three-month period.
If an employee has no reasonable justification for missing work, then the disciplinary procedure could of course be followed. Obviously the BWF would strongly advise against taking action in situations where it may be dangerous to travel to work, or where the weather conditions, or consequences of them (for example severe transport disruption) prevent the employee from turning up. Employees who have to take the day off to take care of their children when local schools shut are entitled to dependants’ leave, which is unpaid. They are only entitled to be paid for the time off if their contract, or one of your firm’s policies, says they are. The key point here is to check the individual’s contract of employment to see what their entitlements are and ensure that you are following the correct procedure. If you want further advice, don’t hesitate to ring our member helpline on 0844 209 2610 or browse the BWF’s Question centre and our extensive publications library, which includes the BWF Employee Handbook. If you have any questions that you would like to see featured, we would be happy to assist.