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Are You Entitled To Be Paid By Your Employer If You Cannot Get Into Work Because Of Adverse Weather Conditions?

Arthur Li, Employment Law Solicitor And All Round Nice Chap.
Arthur Li, Specialist
Employment Solicitor

Adverse weather conditions – whilst loved by some, namely the young who often find themselves with an unexpected day off school – can play havoc with travel and childcare arrangements which in turn can lead to employees unexpectedly being unable to make it into work. This can be disruptive for the workforce and a financial worry for those employees who are uncertain whether they will get paid if they are forced to take a day of work either directly or indirectly due to adverse weather conditions. This article looks at whether you can still expect to get paid if you find yourself in a position of being unable to go to work due to adverse weather conditions.

If you cannot get into work – for one reason or another – due to adverse weather conditions (for example snow, ice, flooding or storms) you are not automatically entitled to be paid. Whether or not you are paid will be down to the discretion of your employer.

All employers should have a clear policy setting out their guidelines about what is expected of employees and workers with regards to not being able to get to work due to adverse weather conditions. Employers should make sure that the policy is circulated to all employees and workers before the event so that there is no ambiguity if and when the situation arises.

The reason for not being able to get to work may be a direct result of the adverse weather conditions, for example there may be heavy snow on the ground which has rendered the local roads unsafe. Alternatively, the reasons for an employee not being able to get into work may be an indirect result of the adverse weather conditions, for example, if a local school is closed suddenly because not enough staff are able to travel into work an employee may find themselves without childcare for their children and with little option but to stay at home and look after them. Again, the employer’s policy should clearly set out their expectations of how a situation such as this should be dealt with.

In the event of an employee being unable to make it into work due to adverse weather conditions, flexibility should be shown by the employee and employer. For example, it may be possible to agree that the employee can make up the time at a later date, can work from home on this particular occasion or can work adjusted hours to allow for childcare arrangements to be put into place.

If you are an employee who has been unable to make it into work due to adverse weather conditions you should, as soon as possible, check your employer’s policy on what is expected of you in these circumstances.

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Gray Hooper Holt LLP is a firm of solicitors and is Authorised and regulated by the Solicitors Regulation Authority. Its registered office is at 6 Linkfield Corner, Redhill, Surrey, RH1 1BB and its company number is OC318445.